Public Utilities Code — Part 31 | PUC — United States — California law | Esheria

Public Utilities Code

Part 31 of 38 · provisions 6,001–6,200

This act is named the Public Utilities Code.

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

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Provisions of Public Utilities Code

Showing 200 of 7,473

  1. 779.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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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    Electric, gas, heat, and water corporations may not terminate residential service for nonpayment unless they give prior notice, and they must not terminate in certain dispute, extension, or medical emergency 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. ) ## 779. (a) No electrical, gas, heat, or water corporation may terminate residential service for nonpayment of a delinquent account unless the corporation first gives notice of the delinquency and impending termination, as provided in Section 779.1. (b) No electrical, gas, heat, or water corporation may terminate residential service for nonpayment in any of the following situations: (1) During the pendency of an investigation by the corporation of a customer or subscriber dispute or complaint. (2) When a customer has been granted an extension of the period for payment of a bill. (3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the corporation pursuant to subdivision (e) with respect to all charges that the customer is unable to pay prior to delinquency. (c) Any residential customer who has initiated a complaint or requested an investigation within five days of receiving the disputed bill, or who has, before termination of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the corporation. The review shall include consideration of whether the customer shall be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 12 months. No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. (d) Any customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the corporation may appeal the determination to the commission. Any subsequent appeal of the dispute or complaint to the commission is not subject to this section. (e) Any customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. (Amended by Stats. 1985, Ch. 888, Sec. 3.)
  2. 779.1.

    ## 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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    Utilities must give residential customers notice and time before shutting off service for nonpayment, and they must restore service without charge if it was wrongfully terminated.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 779.1. (a) Every electrical, gas, heat, or water corporation shall allow every residential customer at least 19 days from the date of mailing its bill for services, postage prepaid, for payment of the charges demanded. A corporation subject to this section shall not terminate residential service for nonpayment of a delinquent account unless the corporation first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the corporation’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice. (b) Every corporation shall make a reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact at least 24 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the corporation shall give, either by mail or in person, a notice of termination of service at least 48 hours prior to termination. (c) Every corporation shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the corporation will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the corporation, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service. (d) Every notice of termination of service pursuant to subdivision (a) or (b) shall include all of the following information: (1) The name and address of the customer whose account is delinquent. (2) The amount of the delinquency. (3) The date by which payment or arrangements for payment is required in order to avoid termination. (4) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges. (5) The procedure by which the customer may request amortization of the unpaid charges. (6) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable. (7) The telephone number of a representative of the corporation who can provide additional information or institute arrangements for payment. (8) The telephone number of the commission to which inquiries by the customer may be directed. All written notices shall be in a clear and legible format. (e) Any residential customer whose complaint or request for an investigation has resulted in an adverse determination by the corporation may appeal the determination to the commission. Any subsequent appeal of the dispute or complaint to the commission is not subject to this section. (f) If a residential customer fails to comply with an amortization agreement, the corporation shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but this notice does not entitle the customer to further investigation by the corporation. (g) A termination of service shall not be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer’s billing address. (Amended by Stats. 2019, Ch. 497, Sec. 243. (AB 991) Effective January 1, 2020.)
  3. 779.2.

    ## 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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    Certain utilities may not cut off residential service just because the customer owes someone else money; some telephone and utility billing arrangements are exempt, and the commission must require notice, review, and appeal procedures in the relevant tariffs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 779.2. (a) No electrical, gas, heat, telephone, or water corporation may terminate residential service for nonpayment of any delinquent account or other indebtedness owed by the customer or subscriber to any other person or corporation or when the obligation represented by the delinquent account or other indebtedness was incurred with a person or corporation other than the electrical, gas, heat, telephone, or water corporation demanding payment therefor. (b) Subdivision (a) does not apply to a telephone corporation operating within service areas which furnishes billing services to the subscribers of a telephone corporation operating between service areas pursuant to tariffs on file with the commission providing for the furnishing of those billing services. The commission shall require that these tariffs also provide for adequate subscriber notice, review, and appeal procedures prior to any termination of service for nonpayment of a delinquent account. (c) Subdivision (a) does not apply to any privately owned or publicly owned public utility which collects sanitation or sewerage charges for a public agency pursuant to agreement under Section 54346.2 of the Government Code or Section 5472.5 of the Health and Safety Code. (Added by renumbering Section 779.1 (as added by Stats. 1984, Ch. 796) by Stats. 1986, Ch. 248, Sec. 211.)
  4. 779.3.

    ## 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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    A gas or electrical corporation must not disconnect residential service for nonpayment when the customer has a medical baseline allowance, cannot pay in the normal period, agrees to an amortization plan, and meets one of the listed medical 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 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 779.3. (a) A gas or electrical corporation shall not disconnect service for nonpayment by a residential customer receiving a medical baseline allowance pursuant to subdivision (c) of Section 739 who is financially unable to pay for service within the normal payment period, who is willing to enter into an amortization agreement with the corporation pursuant to subdivision (e) of Section 779 with respect to all charges that the customer is unable to pay, and who meets any of the following criteria: (1) The customer or a member of the customer’s household is under hospice care at home. (2) The customer or a member of the customer’s household depends upon life-support equipment, as defined in paragraph (2) of subdivision (c) of Section 739. (3) The customer or a member of the customer’s household has a life-threatening condition or illness, and a licensed physician, a person licensed pursuant to the Osteopathic Initiative Act, 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 nurse practitioner certifies that gas or electric service is medically necessary to sustain the life of the person or prevent deterioration of the person’s medical condition. (b) The commission may identify strategies for reasonable cost recovery by a gas or electrical corporation for costs incurred in providing gas or electric service to customers whom the gas or electrical corporation was unable to disconnect due to compliance with this section. (c) A gas or electrical corporation may institute a verification process to implement this section. (Amended by Stats. 2018, Ch. 518, Sec. 2. (SB 1338) Effective January 1, 2019.)
  5. 779.4.

    ## 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 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must adopt rules requiring the four largest California energy utilities to show they are working with the medical community to increase marketing and outreach to people eligible for the medical baseline allowance.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 779.4. (a) For purposes of this section, “energy utility” means an electrical corporation, a gas corporation, or an entity that is both an electrical corporation and a gas corporation. (b) The commission shall develop rules requiring each of the four energy utilities that have the greatest number of customers in California to demonstrate that they are working with the medical community to increase marketing and outreach to persons eligible for the medical baseline allowance pursuant to subdivision (c) of Section 739. (c) The commission shall consider policies to increase marketing and outreach programs to customers eligible for the medical baseline allowance pursuant to subdivision (c) of Section 739, in coordination with county public health departments. (Added by Stats. 2018, Ch. 518, Sec. 3. (SB 1338) Effective January 1, 2019.)
  6. 779.5.

    ## 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 utility corporation may require a new residential applicant to post a deposit only if that decision is based solely on the applicant’s credit worthiness.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 779.5. The decision of an electrical, gas, heat, telephone, or water corporation to require a new residential applicant to deposit a sum of money with the corporation prior to establishing an account and furnishing service shall be based solely upon the credit worthiness of the applicant as determined by the corporation. (Added by Stats. 1989, Ch. 1066, Sec. 3.)
  7. 779.6.

    ## 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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    An electrical or gas corporation must restore service to certain residential customers after they enter an approved payment plan.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 779.6. (a) An electrical or gas corporation shall restore service to a residential customer whose service was previously terminated for nonpayment of delinquent amounts upon the customer entering into either an amortization agreement described in subdivision (c) of Section 779 or any other arrearage payment plan determined by the commission. (b) To the extent authorized by commission rules, the restoration of service shall occur as follows: (1) Within 24 hours of the payment for remote reconnections. (2) Within one business day for field reconnections, except in situations relating to safety or extreme weather. (Added by Stats. 2024, Ch. 600, Sec. 1. (SB 1142) Effective January 1, 2025.)
  8. 779.7.

    ## 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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    The commission must decide by July 1, 2025 whether to direct electrical and gas corporations to consider a customer’s ability to pay before certain service terminations and reconnections.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 779.7. (a) On or before July 1, 2025, the commission shall, in a new or existing proceeding, determine whether to direct electrical and gas corporations to take into account a customer’s ability to pay in any of the following circumstances: (1) Before terminating service due to nonpayment. (2) Before terminating service for a customer on an amortization agreement. (3) In reconnecting service for a residential customer whose service was previously terminated for nonpayment. (b) In determining whether to direct electrical corporations to consider a customer’s ability to pay before terminating service, the commission shall consider whether to limit the amount an electrical corporation can collect up to an amount specified by the commission. (c) The commission shall consider impacts to participating and nonparticipating customers to inform the determinations made pursuant to subdivision (a). (Added by Stats. 2024, Ch. 600, Sec. 2. (SB 1142) Effective January 1, 2025.)
  9. 780.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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, gas, heat, or water corporations may not cut off service for nonpayment on Saturdays, Sundays, legal holidays, or when their business offices are closed to the public.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 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. ) ## 780. No electrical, gas, heat, or water corporation shall, by reason of delinquency in the payment of its charges, terminate service on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the corporation are not open to the public. (Amended by Stats. 1985, Ch. 888, Sec. 5.)
  10. 780.5.

    ## 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 require covered residential units to be individually metered for electrical and gas service, with listed exceptions for some housing types and for separate gas metering in certain cases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 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. ) ## 780.5. The commission shall require every residential unit in an apartment house or similar multiunit residential structure, condominium, and mobilehome park for which a building permit has been obtained on or after July 1, 1982, other than a dormitory or other housing accommodation provided by any postsecondary educational institution for its students or employees and other than farmworker housing, to be individually metered for electrical and gas service, except that separate metering for gas service is not required for residential units which are not equipped with gas appliances requiring venting or are equipped with only vented decorative appliances or which receive the majority of energy used for water or space heating from a solar energy system or through cogeneration technology. (Amended by Stats. 2004, Ch. 694, Sec. 11. Effective January 1, 2005.)
  11. 7801.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

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    Street railroads are subject to Chapter 1 where it applies, unless they are specially excepted.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7801. Street railroads are governed by Chapter 1 (commencing with Section 7501), so far as it is applicable, unless street railroads are therein specially excepted. (Amended by Stats. 1984, Ch. 144, Sec. 172.)
  12. 7802.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

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    If a natural person constructs, owns, or operates a street railroad, this chapter applies to that person the same way it applies to corporations.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7802. When a street railroad is constructed, owned, or operated by any natural person, this chapter is applicable to such person in like manner as it is applicable to corporations. (Enacted by Stats. 1951, Ch. 764.)
  13. 7803.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

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    A street railroad or street railway corporation may dispose of all or substantially all of its property and assets, including franchises, if its board authorizes the deal and shareholders with a majority of the voting power approve the key terms and consideration for a sale to a municipal corporation or other political subdivision in the State.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7803. Any street railroad or any street railway corporation may sell, lease, convey, exchange, transfer, or otherwise dispose of all or substantially all of its property and assets, including franchises, under authority of a resolution of its board of directors and with the approval of the principal terms of the transaction and the nature and the amount of the consideration by a vote or written consent of shareholders entitled to exercise a majority of the voting power of the corporation when the sale, lease, conveyance, exchange or transfer of its properties is made to a municipal corporation or any other political subdivision within the State. (Enacted by Stats. 1951, Ch. 764.)
  14. 7804.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

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    A city or city and county’s governing body may grant permission to lay railroad tracks in streets and public highways for up to 50 years, and may set conditions 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7804. Authority to lay railroad tracks through the streets and public highways of any city or city and county may be obtained for a term of years not exceeding 50, from the governing body of the city or city and county, under such restrictions and limitations, and upon such terms and payment of license tax, as the governing body may provide. Permission shall not be granted to propel cars upon such tracks otherwise than by electricity or by wire ropes running under the streets and moved by stationary engines except as provided in Section 7813. The governing body in granting the right, or at any time after the right is granted, may impose such terms, restrictions, and limitations as to the use of streets and the construction and mode of operating the road as it deems to be for the public safety or welfare. (Enacted by Stats. 1951, Ch. 764.)
  15. 7805.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

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    When a city governing body grants a right of way to a street railroad corporation, it must require compliance with specified construction conditions, unless the railway is prismoidal or another elevated railway.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7805. The city governing body, in granting the right of way to a street railroad corporation, in addition to the restrictions which they are authorized to impose, shall require a strict compliance with the following conditions, except in the cases of prismoidal or other elevated railways: (a) The railway shall be constructed in such manner as will present the least obstruction to the freedom of the streets on which it is erected. (b) The tracks shall not be more than five feet wide within the rails, and shall have a space between them sufficient to allow the cars to pass each other freely. (Enacted by Stats. 1951, Ch. 764.)
  16. 7806.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A city or city and county legislative body may allow two or more street railways to share the same street or tracks, but sharing beyond five consecutive blocks needs the occupant’s consent and payment of an equal share of construction costs.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7806. The legislative body of any city or city and county may permit two or more lines of street railway to use the same portion of the same street or the same tracks upon such terms as are agreed upon by the companies operating the railways, but no permission shall be granted to one company to use the same tracks or portions of the same street for more than five consecutive blocks, without the consent of the person or company occupying that portion of the street and then only upon payment of an equal portion of the cost of construction of the tracks and appurtenances used by the railways jointly. (Enacted by Stats. 1951, Ch. 764.)
  17. 7807.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A street railway under different management may build its tracks over the same ground as existing tracks if the construction will not interfere beyond necessary construction-related interference and Section 7806 is followed.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7807. Where the portion of the street is occupied by a track or tracks of a different gauge from the track or tracks proposed to be constructed thereon by a line of street railway under a different management, the latter street railway may nevertheless construct its track or tracks, subject to the provisions of Section 7806, over the same ground as is occupied by the prior track or tracks, if they can be so constructed as not to interfere with the operation of the prior track or tracks beyond such necessary interference therewith as is incident to such construction with reasonable skill, care, and diligence. (Enacted by Stats. 1951, Ch. 764.)
  18. 7808.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A city or city and county may own and operate street railways, and may use existing street railway streets or tracks within its limits if it pays the owner an equal share of the estimated construction cost for the jointly used tracks or appurtenances.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7808. Any city or city and county may own and operate street railways within or without its corporate limits and may occupy the same street or tracks occupied or used by any street railway within its limits for any number of blocks, upon payment to the owner thereof of an equal portion of the estimated cost of construction, at the time of such occupation, of such tracks or appurtenances as the city or city and county elects to use jointly with the street railway. (Enacted by Stats. 1951, Ch. 764.)
  19. 7809.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A proposed railroad track may cross an existing track if the crossing follows Chapter 1 requirements, and track laying must not block more than one block at a time or for longer than 10 working 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7809. Any proposed railroad track may be permitted to cross any track already constructed, the crossing being made as provided in Chapter 1 of this division. In laying down the track and preparing therefor, not more than one block shall be obstructed at any one time, nor for a longer period than 10 working days. (Enacted by Stats. 1951, Ch. 764.)
  20. 781.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 ↗

    Water corporations covered by this section must install meters in specified circumstances and, once metered, bill potable water based on metered volume; the commission also oversees approval of related costs and 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. ) ## 781. (a) (1) Each water corporation with 500 or more service connections that is not subject to the requirements of Section 525, 526, 527, or 528 of the Water Code shall install, on and after January 1, 2010, a water meter on each new service connection. (2) Each water corporation with 500 or more service connections as of January 1, 2010, that is not subject to the requirements of Section 526, 527, or 528 of the Water Code, shall install a water meter upon each unmetered service connection by January 1, 2025. (3) Each water corporation with less than 500 service connections as of January 1, 2010, that thereafter reaches 500 or more service connections and that is not subject to the requirements of Section 526, 527, or 528 of the Water Code, shall, within 10 years of attaining that threshold, install a water meter upon each unmetered service connection. (4) Each water corporation that is subject to the requirements of Section 525, 526, 527, or 528 of the Water Code shall install water meters pursuant to those sections. (b) (1) Each water corporation that has installed water meters, or caused water meters to be installed, that is not subject to Section 525, 526, 527, or 528 of the Water Code, shall, on and after January 1, 2015, charge customers for potable water based on the actual volume of deliveries, as measured by the water meter. This paragraph does not limit the authority of the commission to authorize a water corporation that promotes conservation through volumetric water pricing to determine and impose a rate, fee, or charge in addition to the charge for the actual volume of metered water delivered. (2) Each water corporation that is subject to Section 525, 526, 527, or 528 of the Water Code shall charge customers for potable water based on the actual volume of deliveries, as measured by the water meter, consistent with the requirements of those sections. (3) Notwithstanding paragraph (1), in order to provide customers with experience in volume-based water service charges, a water corporation that is subject to paragraph (1) may delay, for one annual seasonal cycle of water use, the use of meter-based charges for service connections that are being converted from nonvolume-based billing to volume-based billing. (c) A water corporation shall recover the cost of providing services related to the purchase, installation, operation, and maintenance of water meters in rates, fees, or charges. Rates, fees, or charges recovered by the water corporation pursuant to this section are subject to approval by the commission pursuant to Article 1 (commencing with Section 451) of Chapter 3 and Article 2 (commencing with Section 727) of this chapter. (d) The commission shall ensure that each water corporation that is subject to the requirements of this section or the requirements of the Water Measurement Law (Chapter 8 (commencing with Section 500) of Division 1 of the Water Code) comply with those requirements. (Repealed and added by Stats. 2009, Ch. 495, Sec. 2. (AB 975) Effective January 1, 2010.)
  21. 781.5.

    ## 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 may order certain water users or a water corporation to install a water meter at a service connection if, after a public hearing, it finds the metering is cost-effective, reduces water use, or avoids an unreasonable customer burden tied to maintaining an adequate water supply.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 781.5. The commission may require a water corporation that furnishes potable water for residential, commercial, industrial, or institutional use through less than 500 service connections that is not subject to the requirements of Section 526, 527, or 528 of the Water Code, or a residential, commercial, industrial, or institutional customer of the corporation, to install a water meter at any water service connection between the water system of the corporation and the customer if after a public hearing held within the service area of the corporation, the commission finds, based upon the evidence presented at that hearing, that any of the following are true: (a) Metering will be cost effective within the service area of the corporation. (b) Metering will result in a reduction in water consumption within the service area of the corporation. (c) The costs of metering will not impose an unreasonable financial burden on customers within the service area of the corporation unless it is found to be necessary to ensure continuation of an adequate water supply within the service area of the corporation. (Added by Stats. 2009, Ch. 495, Sec. 3. (AB 975) Effective January 1, 2010.)
  22. 7810.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Street railway cars must be built to the most approved standard for passenger comfort and convenience, and have brakes to stop them when required.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7810. Street railway cars shall be of the most approved construction for the comfort and convenience of passengers, and provided with brakes to stop them, when required. A violation of this section subjects the corporation to a fine of two hundred dollars ($200) for each offense. (Amended by Stats. 1983, Ch. 1092, Sec. 360. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  23. 7811.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Cities where street railroads run may make additional regulations for their government if needed to fully enjoy the franchise and enforce the stated conditions.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7811. Cities in or through which street railroads run may make such further regulations for the government of the street railroads as may be necessary to a full enjoyment of the franchise and the enforcement of the conditions provided herein. (Enacted by Stats. 1951, Ch. 764.)
  24. 7812.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    When street railroads are granted, the city keeps the right to improve streets or highways, and street work should be done to interfere with the railroad as little 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7812. In every grant to construct street railroads, the right to grade, sewer, pave, macadamize, or otherwise improve, alter, or repair the streets or highways, is reserved to the city and cannot be alienated or impaired. The work shall be done so as to obstruct the railroad as little as possible, and if required, the street railway corporation shall shift its rails so as to avoid the obstructions made thereby. (Enacted by Stats. 1951, Ch. 764.)
  25. 7813.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A city, city and county, or county governing body may authorize a grading track for up to three years, and may also allow steam or other motive power if public convenience or utility requires 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7813. The right to lay down a track for grading purposes and to maintain it for a period not to exceed three years may be granted by the governing body of any city, city and county, or county, but no such track shall remain more than three years upon any one street. The track shall be laid level with the street, and shall be operated under such restrictions as not to interfere with the use of the street by the public. The governing body may grant the right to use steam or any other motive power in propelling the cars used on the grading track, when public convenience or utility demands it, but the reasons therefor shall be set forth in the ordinance, and the right to rescind the ordinance at any time reserved. (Enacted by Stats. 1951, Ch. 764.)
  26. 7814.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A corporation, or its agent or employee, may not charge more than the lawful street-railroad fare.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7814. Any corporation, or agent or employee thereof, demanding or charging a greater sum of money for fare on the cars of a street railroad than that fixed by law forfeits to the person from whom the sum is received, or who is thus overcharged, the sum of two hundred dollars ($200), to be recovered in a civil action against the corporation. (Amended by Stats. 2003, Ch. 149, Sec. 78. Effective January 1, 2004.)
  27. 7815.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Street railroad corporations must provide passenger tickets or checks on request, unless they charge only five cents fare.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7815. Every street railroad corporation shall provide, and on request furnish to all persons desiring a passage on its cars, any required quantity of passenger tickets or checks, each to be good for one ride. Any corporation failing to provide and furnish tickets or checks to any person desiring to purchase them at the prescribed rate shall forfeit to such person the sum of two hundred dollars ($200), to be recovered as provided in Section 7814. The provisions of this section shall not apply to such street railroad corporations as charge but five cents ($0.05) fare. (Enacted by Stats. 1951, Ch. 764.)
  28. 7816.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    In a trial for forfeitures under Sections 7814 or 7815, proof that a fare or ticket payment was taken by someone working in the corporation’s office or vehicle is prima facie evidence that the person was authorized to receive the money and issue the ticket or check.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7816. Upon the trial of an action for any of the sums forfeited, as provided in Sections 7814 or 7815, proof that the person demanding or receiving the money as fare, or for the sale of the ticket or check, was at the time of making the demand or receiving the money, engaged in an office of the corporation, or vehicle belonging to the corporation, shall be prima facie evidence that such person was the agent, servant, or employee of the corporation, to receive the money, and give the ticket or check mentioned. (Enacted by Stats. 1951, Ch. 764.)
  29. 7817.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Street railroad corporations using certain passenger cars must equip each car and dummy with a proper brake and a suitable fender or similar appliance, or they commit a misdemeanor.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7817. Any street railroad corporation operating cars on the streets of cities or on the county roads within the State for the conveyance of passengers, propelled by means of wire ropes attached to stationary engines, or by electricity or compressed air, who runs, operates, or uses any car or dummy, unless each car and dummy, while in use, is fitted with a brake capable of bringing the car to a stop within a reasonable distance, and a suitable fender, or appliance placed in front or attached to the trucks of the dummy, or car, for the purpose of removing and clearing obstructions from the track, and preventing any obstacles, obstructions, or person on the track from getting under the dummy or car, and removing the same out of danger, and out of the way of the dummy or car, is guilty of a misdemeanor. Where the commission prescribes the fender or brake to be used, a compliance therewith constitutes a full compliance with this section. (Enacted by Stats. 1951, Ch. 764.)
  30. 7818.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person driving or operating a street car must not be intoxicated while doing so.

    ## 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 2. Street Railroads [7801 - 7818] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## 7818. Any person operating or driving a street car who becomes or is intoxicated while so engaged in operating or driving such street car is guilty of a misdemeanor. (Enacted by Stats. 1951, Ch. 764.)
  31. 782.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 stop an electrical corporation from curtailing electricity from a geothermal powerplant if a geothermal energy producer complains and the commission finds the curtailment is not in the public 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 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 782. In order to encourage the development of geothermal resources in the State of California, the commission may, upon a complaint by a geothermal energy producer, prohibit any electrical corporation from curtailing the generation, production, or transmission of electricity from a geothermal powerplant operated by such corporation, if the commission deems that such curtailment is not in the public interest. (Added by Stats. 1978, Ch. 1271.)
  32. 783.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 keep enforcing existing utility extension rules, and gas or electric corporations must let qualifying customers install extensions under specified 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 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 783. (a) The commission shall continue to enforce the rules governing the extension of service by gas and electrical corporations to new residential, commercial, agricultural, and industrial customers in effect on January 1, 1982, except that the commission shall amend the existing rules to permit applicants for service to install extensions in accordance with subdivision (f). Except for periodic review provisions of existing rules, and amendments to permit installations by an applicant’s contractor, the commission shall not investigate amending these rules or issue any orders or decisions that amend these rules, unless the investigation or proceeding for the issuance of the order or decision is conducted pursuant to subdivision (b). (b) Whenever the commission institutes an investigation into the terms and conditions for the extension of services provided by gas and electrical corporations to new or existing customers, or considers issuing an order or decision amending those terms or conditions, the commission shall make written findings on all of the following issues: (1) The economic effect of the line and service extension terms and conditions upon agriculture, residential housing, mobilehome parks, rural customers, urban customers, employment, and commercial and industrial building and development. (2) The effect of requiring new or existing customers applying for an extension to an electrical or gas corporation to provide transmission or distribution facilities for other customers who will apply to receive line and service extensions in the future. (3) The effect of requiring a new or existing customer applying for an extension to an electrical or gas corporation to be responsible for the distribution of, reinforcements of, relocations of, or additions to that gas or electrical corporation. (4) The economic effect of the terms and conditions upon projects, including redevelopment projects, funded or sponsored by cities, counties, or districts. (5) The effect of the line and service extension regulations, and any modifications to them, on existing ratepayers. (6) The effect of the line and service extension regulations, and any modifications to them, on the consumption and conservation of energy. (7) The extent to which there is cost-justification for a special line and service extension allowance for agriculture. (c) The commission shall request the assistance of appropriate state agencies and departments in conducting any investigation or proceeding pursuant to subdivision (b), including, but not limited to, the Transportation Agency, the Department of Food and Agriculture, the Department of Consumer Affairs, the Bureau of Real Estate, and the Department of Housing and Community Development. (d) Any new order or decision issued pursuant to an investigation or proceeding conducted pursuant to subdivision (b) shall become effective on July 1 of the year that follows the year when the new order or decision is adopted by the commission, so as to ensure that the public has at least six months to consider the new order or decision. (e) The commission shall conduct any investigation or proceeding pursuant to subdivision (b) within the commission’s existing budget, and any state agency or department that is requested by the commission to provide assistance pursuant to subdivision (c) shall also provide the assistance within the agency’s or department’s existing budget. (f) An electrical or gas corporation shall permit a new or existing customer who applies for an extension of service from that corporation to install a gas or electric extension in accordance with the regulations of the commission and applicable specifications of that electrical or gas corporation consistent with subdivision (g). (g) (1) Only those construction and design specifications, standards, terms, and conditions that are applicable to a new extension-of-service project by an electrical or gas corporation on the date the application is approved for the extension of service apply to the new project for the 18 months following the approval date of the application. (2) Notwithstanding paragraph (1), an electrical or gas corporation may adopt modifications to construction and design specifications, standards, terms, and conditions applicable to a new extension-of-service project in accordance with any of the following: (A) An order or decision of the commission or any other state or federal agency with jurisdiction. (B) A work order issued by the electrical or gas corporation to implement construction or design changes necessitated by a customer-driven scope of work modification. (C) A material-related design change identified by the electrical or gas corporation to remedy a construction material defect that could pose a risk to public safety. (h) For purposes of this section, the following definitions apply: (1) “The date the application is approved” means the earlier of either the effective date of the contract for the extension of gas or electric service or the date when the utility first invoices the customer for the extension of gas or electric service. (2) “Customer-driven scope of work modification” means those modifications required to accommodate the construction and design needs of a new extension-of-service project for a specific customer. (3) “Invoice” means when an electrical or gas corporation presents an offer to the customer for the extension of gas or electric service in response to an application for an extension of service submitted pursuant to subdivision (f). (Amended by Stats. 2020, Ch. 370, Sec. 252. (SB 1371) Effective January 1, 2021.)
  33. 783.5.

    ## 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 start a proceeding, identify disadvantaged communities, assess certain energy options, decide whether they would improve affordable energy cost-effectively, and take appropriate action and funding steps.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 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. ) ## 783.5. (a) For purposes of this section, the following terms have the following meanings: (1) “Disadvantaged community” means a San Joaquin Valley community that meets all of the following criteria: (A) At least 25 percent of residential households with electrical service are enrolled in the CARE program pursuant to Section 739.1. (B) Has a population greater than 100 persons within its geographic boundaries as identified by the most recent United States Census or a community survey. (C) Has geographic boundaries no farther than seven miles from the nearest natural gas pipeline operated by a gas corporation. (2) “San Joaquin Valley” means the counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. (b) No later than March 31, 2015, the commission shall initiate a new proceeding to do all of the following: (1) Identify disadvantaged communities based on the criteria specified in subdivision (a). (2) Analyze the economic feasibility of the following options: (A) Extending natural gas pipelines to those disadvantaged communities. (B) Increasing subsidies for electricity for residential customers in those disadvantaged communities. (C) Other alternatives that would increase access to affordable energy in those disadvantaged communities that the commission deems appropriate. (c) The commission shall determine whether any of the options analyzed in the proceeding would increase access to affordable energy in a cost-effective manner. For these options, the commission shall take appropriate action and determine appropriate funding sources. (Added by Stats. 2014, Ch. 616, Sec. 2. (AB 2672) Effective January 1, 2015.)
  34. 784.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 pipeline access rules for each gas corporation, and those rules must ensure nondiscriminatory open access to the gas pipeline system.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 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. ) ## 784. For each gas corporation, the commission shall adopt pipeline access rules that ensure that each gas corporation provides nondiscriminatory open access to its gas pipeline system to any party for the purposes of physically interconnecting with the gas pipeline system and effectuating the delivery of gas. (Added by Stats. 2012, Ch. 602, Sec. 6. (AB 1900) Effective January 1, 2013.)
  35. 784.1.

    ## 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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    The California Council on Science and Technology may undertake a biomethane study, and if it does, it must finish within nine months; the commission must then make gas corporations help pay, and later reevaluate related pipeline 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. ) ## 784.1. (a) The Legislature requests that the California Council on Science and Technology undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications for biomethane before it can be injected into common carrier gas pipelines, including those specifications adopted in Sections 4.4.3.3 and 4.4.4 of commission Decision 14-01-034 (January 16, 2014), Decision Regarding the Biomethane Implementation Tasks in Assembly Bill 1900. The study shall consider and evaluate other states’ standards, the source of biomethane, the dilution of biomethane after it is injected into the pipeline, the equipment and technology upgrades required to meet the minimum heating value specifications, including the impacts of those specifications on the cost, volume of biomethane sold, equipment operation, and safety. The study shall also consider whether different sources of biogas should have different standards or if all sources should adhere to one standard for the minimum heating value and maximum permissible level of siloxanes. The study shall develop the best science reasonably available and not merely be a literature review. In order to meet the state’s goals for reducing emissions of greenhouse gases and short-lived climate pollutants and the state’s goals for promoting the use of renewable energy resources in place of burning fossil fuels, the California Council on Science and Technology, if it agrees to undertake and complete the study, shall complete the study within nine months of entering into a contract to undertake and complete the study. (b) (1) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), the commission shall require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study pursuant to Sections 740 and 740.1. The commission may modify the monetary incentives made available pursuant to commission Decision 15-06-029 (June 11, 2015), Decision Regarding the Costs of Compliance with Decision 14-01-034 and Adoption of Biomethane Promotion Policies and Program, to allocate some of the moneys that would be made available for incentives to instead be made available to pay for the costs of the study so as to not further burden ratepayers with additional expense. (2) The commission’s authority pursuant to paragraph (1) shall apply notwithstanding whether the gas corporation has proposed the program pursuant to Section 740.1. (c) If the California Council on Science and Technology agrees to undertake and complete the study pursuant to subdivision (a), within six months of its completion, the commission shall reevaluate its requirements and standards adopted pursuant to Section 25421 of the Health and Safety Code relative to the requirements and standards for biomethane to be injected into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study by the California Council on Science and Technology. (Added by Stats. 2016, Ch. 341, Sec. 11. (SB 840) Effective September 13, 2016.)
  36. 784.2.

    ## 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 open a proceeding by the stated deadline to consider options for furthering Section 399.24, including possible rate recovery for certain investment 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. ) ## 784.2. Before the exhaustion of the funds made available pursuant to the monetary incentive program for biomethane projects adopted in Decision 15-06-029 (June 11, 2015), Decision Regarding the Costs of Compliance with Decision 14-01-034 and Adoption of Biomethane Promotion Policies and Program, and no later than July 1, 2019, the commission shall open a proceeding to consider options to further the goals of Section 399.24, including consideration of whether to allow recovery in rates of the costs of investments to do each of the following: (a) Ensure that prudent and reasonable investments for infrastructure pursuant to subdivisions (b) and (c) provide a direct benefit, such as safety, reliability, affordability, or reducing emissions of greenhouse gases, to all classes of ratepayers and are in the interests of all classes of ratepayers. (b) Facilitate direct investment in the procurement and installation of utility infrastructure necessary to achieve interconnection between the natural gas transmission and distribution pipeline network and biomethane generation and collection equipment, and of gathering lines for a dairy cluster biomethane project. (c) Provide for the installation of utility infrastructure to achieve interconnection with facilities that generate biomethane. (Amended by Stats. 2018, Ch. 598, Sec. 1. (AB 3187) Effective January 1, 2019.)
  37. 785.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 encourage increased gas production and, after a hearing, require gas corporations to buy qualifying in-state gas, unless doing so would raise overall gas costs or harm gas 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 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 785. To the extent consistent with federal law and regulation and contractual obligations regarding other available gas, the commission shall, in consultation with the Division of Oil and Gas of the Department of Conservation and with the Energy Commission, encourage, as a first priority, the increased production of gas in this state, including gas produced from that area of the Pacific Ocean along the coast of California commonly known as the outer continental shelf, and shall require, after a hearing, every gas corporation to purchase that gas which is compatible with the corporation’s gas plant and which is produced in this state having an actual delivered cost, measured in equivalent heat units, equal to or less than other available gas, unless this requirement will result in higher overall costs of gas or other consequences adverse to the interests of gas customers. (Amended by Stats. 2019, Ch. 396, Sec. 28. (AB 1513) Effective January 1, 2020.)
  38. 785.1.

    ## 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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    The commission must require gas corporations to revise gas transportation tariffs and service conditions to remove certain interstate transmission charges, and it must consider and approve consistent tariffs by October 1, 1994.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 785.1. (a) The commission shall require, after a hearing, every gas corporation to revise its transportation tariffs and conditions of service to eliminate all components that assess shippers of gas produced in California for the costs of interstate transmission of gas produced outside of this state. These revisions shall eliminate direct or indirect charges for the interstate transportation of gas produced outside of this state, commonly referred to as “double demand” charges. (b) The commission shall consider and approve tariffs consistent with subdivision (a) on or before October 1, 1994. (c) Nothing in this section shall be construed to prohibit the commission from approving intrastate transmission tariffs which include interstate transition cost surcharges, as described in commission decisions 91-11-025 and 92-07-025, in an appropriate manner. (Added by Stats. 1993, Ch. 732, Sec. 3. Effective January 1, 1994.)
  39. 785.2.

    ## 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 investigate obstacles to in-state natural gas production and storage in gas corporation rate proceedings, and may adopt tariffs to encourage that activity unless it finds the tariff would likely harm gas 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 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 785.2. The commission shall investigate, as part of the rate proceeding for any gas corporation, impediments to the in-state production and storage of natural gas. The commission may adopt a tariff that encourages in-state production or storage of natural gas, including, but not limited to, reducing local transmission rates applicable to in-state gas blends, unless the commission finds that adopting the tariff will likely result in consequences adverse to the interests of gas customers. (Added by Stats. 2001, Ch. 771, Sec. 2. Effective January 1, 2002.)
  40. 785.5.

    ## 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 require gas corporations to use purchasing and procurement practices that aim for the lowest customer rates consistent with security of supply. It may also set and update supplier-priority guidelines.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 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. ) ## 785.5. (a) The commission shall require every gas corporation to adopt and pursue purchasing and procurement practices which assure its customers the lowest rates consistent with security of supply and with Section 785. (b) Pursuant to subdivision (a), the commission may establish and periodically revise for each gas corporation guidelines for priorities among suppliers and sources of supply of gas to gas corporations, taking into consideration the requirements of Section 785. The establishment of these guidelines does not relieve a gas corporation of any requirement to make reasonable and prudent purchases of gas or diminish the authority of the commission to review the reasonableness of any purchase or procurement decision of the corporation. (Added by Stats. 1985, Ch. 1380, Sec. 3.)
  41. 785.7.

    ## 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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    Gas corporations cannot charge more for transporting California-produced gas than other gas, and they cannot force producers or customers to use the corporation’s services for delivery or processing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 785.7. (a) No gas corporation shall charge, directly or indirectly, a higher rate for the transportation of gas produced in this state than for the transportation of gas from any other source. No gas corporation shall require a producer of gas or a customer for whom any gas transportation service is performed to utilize the corporation’s services or facilities either to deliver gas from the producer’s facility to the corporation’s gas plant or to process the gas to render it compatible with the corporation’s gas plant. (b) If a producer of gas or customer delivers to the gas corporation for transportation any gas requiring any processing service, including, but not limited to, dehydration, processing for extraction of liquids, or other purification, different from, or in addition to, that performed on other gas in the corporation’s gas plant, in order for that gas to be compatible with the gas plant, the gas corporation may impose a charge for any such service actually performed. If the gas corporation constructs new facilities at the request of the producer or customer exclusively to receive gas by the gas corporation’s gas plant, the gas corporation may impose a charge for the construction, operation, and maintenance of these facilities. The amount of the charge for the processing service or facilities authorized by this subdivision shall be established by the commission and shall be based on the actual expenses for the construction, operation, maintenance, labor, materials, and overhead involved in providing the specific service or facilities. (c) For purposes of this section, “transportation” means the movement of gas from the point of receiving by the gas plant of a gas corporation to the point of delivery to the person or corporation for whom the transportation service is performed, including any related gathering or processing of the gas. The point of receiving by the gas plant is that point in the gas corporation’s existing plant which is nearest the source of the gas and which has receiving capacity, but does not include any new facility constructed by the gas corporation at the request of the producer or customer exclusively to receive that gas. The terms and conditions of receiving, for these purposes, shall be comparable to the gas corporation’s purchase contracts in the general area of the point of receiving. (d) Subdivision (a) does not apply to exchanges of gas between a gas corporation and a producer of gas. (e) The commission shall allow the gas corporation to fully recover all reasonable and prudent costs associated with ownership and operation of the gas plant used for transportation. (Added by Stats. 1988, Ch. 733, Sec. 2.)
  42. 786.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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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    Telephone corporations must give residential subscribers specified service and billing information, and the commission sets compliance methods.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 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. ) ## 786. (a) On or before March 1, 1984, and annually thereafter, every telephone corporation operating within a service area shall issue to each of its residential subscribers, in a manner and form approved by the commission, a listing of the residential telephone services it provides, the rates or charges for those services, and the state or federal regulatory agency or agencies responsible for regulation of those services. (b) On or before March 1, 1988, and annually thereafter, every telephone corporation operating within a service area providing public telephone service shall provide to each of its residential subscribers, in a manner and form approved by the commission, a description of that public telephone service and the telephone corporation’s policies for providing that service, which shall include policies of public need and safety. The description shall also specify how a customer or subscriber can contact the telephone corporation by telephone or mail, or both, for additional information concerning these public telephone policies or for assistance regarding a specific public telephone. The commission shall require that this information be published separately from, but transmitted to subscribers together with, the information specified in subdivision (a). This subdivision does not apply to any corporation or person which owns or operates coin-activated telephone equipment available for public use but which is not a telephone corporation. (c) Every charge imposed on business or residential telephone subscribers in response to rules or regulations of the Federal Communications Commission shall be shown separately from other charges on a subscriber’s billing statement. Every telephone corporation operating within a service area shall do either of the following: (1) Identify these charges, by asterisk or other means, with the following phrase: THIS CHARGE IS (or THESE CHARGES ARE) IMPOSED BY ACTION OF THE FEDERAL COMMUNICATIONS COMMISSION. (2) Include in the subscriber’s billing statement a listing of the total charges imposed pursuant to tariff of the Federal Communications Commission identified with the following phrase: TOTAL CHARGES IMPOSED BY ACTION OF THE FEDERAL COMMUNICATIONS COMMISSION. The billing statement shall also provide the address and telephone number of the Federal Communications Commission to which inquiries may be directed. (d) The commission shall, by rule or order, specify methods for compliance with this section, which shall include all of the following: (1) An explanation of the configuration of telecommunications services in California following implementation of the final decision of the United States District Court for the District of Columbia circuit in the case of United States v. American Telephone and Telegraph Company (552 F. Supp. 131) decided on August 19, 1982, and the names, addresses, and telephone numbers of the regulatory agencies responsible for the regulation of intrastate and interstate telephone service. (2) A general description of the services provided by the telephone corporation or telecommunications provider issuing the explanation, how those services may be obtained, and a notice that other providers are available. (3) A description of billing charges which may appear on the telephone corporation’s or the telecommunications provider’s billing statements. (4) Procedures the subscribers, including subscribers equipped with telephone devices for the handicapped, may follow to protest items billed to the subscriber, and how to contact the telephone corporation or the telecommunications provider concerning those charges. (Amended by Stats. 1991, Ch. 134, Sec. 1.)
  43. 787.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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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    Public utilities or their contractors may backfill permitted road or highway excavations with native spoil if the spoil is competent, compaction meets local requirements, and there is no hazardous-waste contamination concern.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 787. (a) Any public utility, or its contractor, to whom an excavation permit has been issued by any local agency for the installation, removal, maintenance, or repair of underground facilities may backfill the permitted excavation in any public road or highway with native spoil if all of the following conditions are met: (1) The native spoil is competent spoil. (2) Compaction meets the local agency’s requirements using industry standards for testing compaction. (3) The public utility or its contractor has no physical evidence of, or substantial reason to believe that there has been, contamination of the soil from hazardous wastes. (4) Within 30 days prior to compaction, a local agency has not provided the public utility or its contractor with physical evidence of, or substantial reason to believe that there has been, contamination of the soil from hazardous wastes. (b) If a local agency has determined through prior experience that the public utility that is applying for, or benefiting from, the excavation permit has previously neglected to adequately fill or compact prior excavations, whether directly or through its contractors, the local agency may, as a condition of the excavation permit do either or both of the following: (1) Require the public utility to post a bond, with a term not exceeding one year, amounting to two times the cost for the local agency to repair the backfill work, if done improperly, or any related collateral damage. (2) Require the public utility to submit a report from a registered soils engineer that the proper compaction of the excavation has been achieved. (c) For purposes of this section: (1) “Competent spoil” means soils that can be treated to bring their moisture content into the optimum range, and that can achieve the compaction required by the local agency. (2) “Local agency” means any city or county agency. (3) “Public utility” means any electrical corporation, gas corporation, heat corporation, water corporation, telephone corporation, pipeline corporation, sewer corporation, telegraph corporation, where the service is performed for, or the commodity delivered to, the public or any portion thereof. (Added by Stats. 1991, Ch. 1060, Sec. 2.)
  44. 788.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 local-exchange telephone corporation must give each residential subscriber a commission-approved notice, starting by March 1, 1992 and then annually.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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. ) ## 788. (a) This section applies only to a telephone corporation that is a provider of local exchange service. (b) On or before March 1, 1992, and annually thereafter, every telephone corporation that is a provider of local exchange service shall issue to each of its residential subscribers, in a manner and form approved by the commission, a notice containing the following information: (1) An explanation of the responsibilities of the subscriber and the telephone corporation in relation to the customer’s inside telephone wiring, as that term is defined by and pursuant to Section 1941.4 of the Civil Code, including an explanation of lessor and tenant obligations. (2) An explanation of the telephone corporation’s procedures and charges for determining and notifying the subscriber of whether a malfunction in its telephone wire is located in the telephone network, or is located in the subscriber’s inside telephone wiring, including customer-provided equipment. (3) If the telephone corporation offers any services to maintain or repair a subscriber’s inside telephone wiring, a full description of the types of services offered, including the rates, charges, and conditions for these services, and whether those services are offered by nonutility providers. (Amended by Stats. 1999, Ch. 1005, Sec. 51. Effective January 1, 2000.)
  45. 789.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. )

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    This section names the article the Water Utility Infrastructure Improvement Act of 1995 and allows it to be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. ) ## 789. This article shall be known and may be cited as the Water Utility Infrastructure Improvement Act of 1995. (Added by Stats. 1995, Ch. 431, Sec. 1. Effective January 1, 1996.)
  46. 789.1.

    ## 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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. )

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    Water corporations may sell real property no longer needed for water utility service, and the net proceeds should be invested in useful water utility infrastructure, plant, facilities, and properties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. ) ## 789.1. The Legislature finds and declares all of the following: (a) Water corporations currently are faced with, and will continue to be faced with, increasing demands for new infrastructure, plant, and facilities to comply with increasingly strict state and federal safe drinking water laws and regulations. (b) The state’s limited water supply will require investment by water corporations in infrastructure, plant, and facilities to develop new sources of supply, make existing sources of supply more reliable, and encourage and implement water conservation measures including water reclamation and reuse. (c) Water corporations also are faced with the need to replace or upgrade water infrastructure, plant, and facilities and to design and construct all of those replacements and improvements to meet the governing fire flow standards for public fire protection purposes. (d) Water corporations may, from time to time, own real property that once was, but is no longer, necessary or useful in the provision of water utility service and that now may be sold. It is the policy of the state that water corporations be encouraged to dispose of real property that once was, but is no longer, necessary or useful in the provision of water utility service and to invest the net proceeds therefrom in utility infrastructure, plant, facilities, and properties that are necessary or useful in the provision of water service to the public. (e) It is the policy of the state that any net proceeds from the sale by a water corporation of real property that was at any time, but is no longer, necessary or useful in the provision of public utility service, shall be invested by a water corporation in infrastructure, plant, facilities, and properties that are necessary or useful in the performance of its duties to the public and that all of that investment in infrastructure, plant, facilities, and properties shall be included among the other utility property of the water corporation that is used and useful in providing water service and upon which the commission authorizes the water corporation the opportunity to earn a reasonable return. (Added by Stats. 1995, Ch. 431, Sec. 1. Effective January 1, 1996.)
  47. 790.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. )

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    A water corporation that sells unused real property must invest the net proceeds in qualifying water infrastructure and keep records; after 8 years, any uninvested balance goes 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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. ) ## 790. (a) Whenever a water corporation sells any real property that was at any time, but is no longer, necessary or useful in the performance of the water corporation’s duties to the public, the water corporation shall invest the net proceeds, if any, including interest at the rate that the commission prescribes for memorandum accounts, from the sale in water system infrastructure, plant, facilities, and properties that are necessary or useful in the performance of its duties to the public. For purposes of tracking the net proceeds and their investment, the water corporation shall maintain records necessary to document the investment of the net proceeds pursuant to this article. The amount of the net proceeds shall be a water corporation’s primary source of capital for investment in utility infrastructure, plant, facilities, and properties that are necessary or useful in the performance of the water corporation’s duties in providing water utility service to the public. (b) All water utility infrastructure, plant, facilities, and properties constructed or acquired by, and used and useful to, a water corporation by investment pursuant to subdivision (a) shall be included among the water corporation’s other utility property upon which the commission authorizes the water corporation the opportunity to earn a reasonable return. (c) This article shall apply to the investment of the net proceeds referred to in subdivision (a) for a period of 8 years from the end of the calendar year in which the water corporation receives the net proceeds. The balance of any net proceeds and interest thereon that is not invested after the eight-year period shall be allocated solely to ratepayers. (d) Upon application by a water corporation with 10,000 or fewer service connections, the commission may, after a hearing, by rule or order, exempt the water corporation from the requirements of this article. (e) The commission retains continuing authority to determine the used, useful, or necessary status of any and all infrastructure improvements and investments. (Added by Stats. 1995, Ch. 431, Sec. 1. Effective January 1, 1996.)
  48. 790.1.

    ## 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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. )

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    In pending proceedings after January 1, 1996, the commission must apply this article to certain pre-1996 sales of water corporation real property. If the sale proceeds were not already invested in utility assets, the water corporation may choose to invest them during the period described in Section 790(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 3.5. Water Utility Infrastructure, Plant and Facilities [789 - 790.1] ( Article 3.5 added by Stats. 1995, Ch. 431, Sec. 1. ) ## 790.1. In any proceeding pending after January 1, 1996, the commission shall apply this article in its consideration of any matter concerning the sale by a water corporation of real property that is not necessary or useful in the provision of water utility service, for any sale that occurred prior to that date. If the water corporation has not invested the net proceeds therefrom in utility infrastructure, plant, facilities, and properties that are necessary or useful in the provision of water service to the public, it may elect to do so during the period provided in subdivision (c) of Section 790 and that period shall be deemed to have commenced as of January 1, 1996. (Added by Stats. 1996, Ch. 965, Sec. 1. Effective January 1, 1997.)
  49. 7901.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    Telegraph or telephone corporations may build lines and supporting structures along public roads, highways, waters, or lands in the state, so long as they do not interfere with public use or navigation.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7901. Telegraph or telephone corporations may construct lines of telegraph or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters. (Enacted by Stats. 1951, Ch. 764.)
  50. 7901.1.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    Municipalities may exercise reasonable control over when, where, and how roads, highways, and waterways are accessed.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7901.1. (a) It is the intent of the Legislature, consistent with Section 7901, that municipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed. (b) The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner. (c) Nothing in this section shall add to or subtract from any existing authority with respect to the imposition of fees by municipalities. (Added by Stats. 1995, Ch. 968, Sec. 1. Effective January 1, 1996.)
  51. 7903.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    Telegraph or telephone office agents, operators, and employees must not use private message information for their own benefit.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7903. Every agent, operator, or employee of any telegraph or telephone office, who in any way uses or appropriates any information derived by him from any private message passing through his hands, and addressed to any other person, or in any other manner acquired by him by reason of his trust as such agent, operator, or employee, or trades or speculates upon any such information so obtained, or in any manner turns, or attempts to turn, the information so obtained to his own account, profit, or advantage, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail not exceeding one year, or by fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 563. (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.)
  52. 7904.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    Telegraph and telephone office staff must not willfully refuse, delay, or fail to send or deliver messages they receive; doing so is a misdemeanor.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7904. Every agent, operator, or employee of any telegraph or telephone office, who wilfully refuses or neglects to send any message received at such office for transmission, or wilfully postpones the transmission of the message out of its order, or wilfully refuses or neglects to deliver any message received by telegraph or telephone, is guilty of a misdemeanor. Nothing in this section shall be construed to require any message to be received, transmitted or delivered, unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the Government of the United States or of this State, or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime. (Enacted by Stats. 1951, Ch. 764.)
  53. 7905.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    The Public Utilities Commission must issue regulations requiring telephone corporations under its jurisdiction to keep complete records of certain device-discovery and reporting 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7905. The Public Utilities Commission shall issue regulations requiring every telephone corporation subject to its jurisdiction to maintain complete records of all instances in which its employees discover any device installed for the purpose of overhearing communications over the lines of such corporation and all instances in which such employees reasonably believe and report to the corporation their belief that such device is installed or has been installed but has since been removed. (Added by Stats. 1957, Ch. 1899.)
  54. 7906.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    The Public Utilities Commission must regularly inquire into whether telephone corporations under its jurisdiction are taking adequate steps to protect the privacy of communications on their telephone systems.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7906. The Public Utilities Commission shall regularly make inquiry of every telephone corporation under its jurisdiction to determine whether or not such corporation is taking adequate steps to insure the privacy of communications over such corporation’s telephone communication system. (Added by Stats. 1957, Ch. 1899.)
  55. 791.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Each public utility must have a county office in this state and keep required books and records there; it may not remove those materials from the state unless the commission prescribes 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 791. Each public utility shall have an office in a county of this State in which its property or some portion thereof is located and shall keep in that office all the books, accounts, papers, and records required by the commission to be kept within this State. No such books, accounts, papers, or records shall be at any time removed from the State except upon such conditions as the commission prescribes. (Enacted by Stats. 1951, Ch. 764.)
  56. 7910.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    Telephone corporations, certain state franchise holders, and video providers must do background checks for employment applicants and related contractors, while contractors must certify and share those checks on request.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7910. (a) Telephone corporations, holders of a state franchise pursuant to Division 2.5 (commencing with Section 5800), and a video provider, as defined in Section 53088.1 of the Government Code, shall perform background checks of applicants for employment, according to usual business practices. (b) A background check equivalent to that performed by the contracting telephone corporation, a holder of a state franchise pursuant to Division 2.5 (commencing with Section 5800), and a video provider, as defined in Section 53088.1 of the Government Code, shall also be conducted on all of the following: (1) Persons hired by a contracting entity under a personal services contract. (2) Independent contractors and their employees. (3) Vendors and their employees. (c) Independent contractors and vendors shall certify that they have obtained the background checks required pursuant to subdivision (b), and shall make the background checks available to the contracting entity upon request. (d) Except as otherwise provided by contract, the telephone corporation, a holder of a state franchise pursuant to Division 2.5 (commencing with Section 5800), and a video provider, as defined in Section 53088.1 of the Government Code, shall not be responsible for administering the background checks and shall not assume the cost of the background checks of individuals who are not applicants for employment of the contracting entity. (e) (1) An individual shall not, on behalf of a telephone corporation, holder of a state franchise pursuant to Division 2.5 (commencing with Section 5800), or video provider, as defined in Section 53088.1 of the Government Code, enter upon the premises of any individual unless he or she has had the background check required by subdivisions (a) and (b). (2) Subdivision (a) applies to applicants for employment for positions that would allow the applicant to have direct contact with or access to the company’s network or central office and would require the applicant to perform activities that involve the installation, service, or repair of the company’s network or equipment. (3) Subdivision (b) applies to any person that has direct contact with or access to the company’s network or central office and performs activities that involve the installation, service, or repair of the company’s network or equipment. (f) This section does not apply to temporary workers performing emergency functions to restore the network of a telephone corporation to its normal state in the event of a natural disaster or an emergency that threatens or results in the loss of service. (g) The provisions of this section apply only to applicants for employment who apply for employment on and after January 1, 2009, and to contracts entered into on or after January 1, 2009. (Amended by Stats. 2008, Ch. 195, Sec. 1. Effective January 1, 2009.)
  57. 7912.

    ## 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    A public utility with more than 750 total employees must file an annual report with 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 3. Telegraph or Telephone Corporations [7901 - 7912] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 7912. A public utility employing more than 750 total employees shall annually report to the commission all of the following: (a) The number of customers served in California by the public utility. (b) The percentage of the public utility’s total domestic customer base that resides in California. (c) The number of California residents employed by the public utility, calculated on a full-time or full-time equivalent basis. (d) The percentage of the public utility’s total domestic workforce, calculated on a full-time or full-time equivalent basis, that resides in California. (e) The capital investment in the public utility’s tangible and intangible plant which ordinarily have a service life of more than one year, including plant used by the company or others in providing public utility services, in California during the yearly reporting period. (f) The number of California residents employed by independent contractors and consultants hired by the public utility, calculated on a full-time or full-time equivalent basis, when the public utility has obtained this information upon requesting it from the independent contractor or consultant, and the public utility is not contractually prohibited from disclosing the information to the public. This subdivision is inapplicable to contractors and consultants that are a public utility subject to the reporting requirements of this section. This paragraph applies only to those employees of an independent contractor or consultant that are personally providing services to the public utility, and does not apply to employees of an independent contractor or consultant not personally performing services for the public utility. (Amended by Stats. 2015, Ch. 612, Sec. 69. (SB 697) Effective January 1, 2016.)
  58. 792.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission may set accounting systems and recordkeeping forms for public utilities under its jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 792. The commission may establish a system of accounts to be kept by the public utilities subject to its jurisdiction, or classify such public utilities and establish a system of accounts for each class, and may prescribe the manner in which such accounts shall be kept. It may also prescribe the forms of accounts, records, and memoranda to be kept by such public utilities, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and expenditures of moneys, and any other forms, records, and memoranda which in the judgment of the commission may be necessary to carry out any of the provisions of this part. (Enacted by Stats. 1951, Ch. 764.)
  59. 792.5.

    ## 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission must require and oversee balancing accounts for certain rate changes, and the public utility must keep those accounts and record related costs and revenues unless exempted.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 792.5. (a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment. (b) The commission shall develop a risk-based approach for reviewing or auditing balancing accounts periodically to ensure that the transactions recorded in the balancing accounts are for allowable purposes and are supported by appropriate documentation. (c) The commission shall maintain an inventory of the balancing accounts established pursuant to this section. (d) The commission shall require the public utility to record all related costs and revenues in the balancing account, unless those costs or revenues are specifically exempted by the commission. (e) The commission shall adopt balancing account review or audit procedures that are consistent with a risk-based approach. (f) The commission may forgo the review or audit of a balancing account pursuant to this section if an independent auditor has reviewed or audited the balancing account in the preceding five years. (Amended by Stats. 2022, Ch. 251, Sec. 28. (AB 209) Effective September 6, 2022.)
  60. 793.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission’s accounting forms for certain federally regulated corporations must not conflict with federal systems, and the commission may require extra accounts, records, or memoranda beyond federal 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 793. The system of accounts and the forms of accounts, records, and memoranda prescribed by the commission for corporations subject to the regulatory authority of the United States, shall not be inconsistent with the systems and forms from time to time established for such corporations by or under the authority of the United States. Nothing in this section or Section 794 shall affect the power of the commission to prescribe forms of accounts, records, and memoranda covering information in addition to that required by or under the authority of the United States. (Amended by Stats. 1968, Ch. 832.)
  61. 7930.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    The Legislature explains why California needs more area codes and says Section 7931 identifies the “providers” involved in setting 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7930. The Legislature finds and declares all of the following: (a) The explosive demand for new area codes in California requires more area codes to be established than was envisioned when this chapter and Section 2887 were enacted in 1990. (b) Because of the advent of competition in the local telecommunications market, and a decision by the Federal Communications Commission, new area codes are established by the North American Numbering Plan Administrator in conjunction with the commission and members of the telecommunications industry. (c) In order to eliminate potential confusion for all the parties involved in the process of establishing new area codes, the changes to this chapter enacted in the 1997–98 Regular Session include identifying “providers” in Section 7931. (d) The “providers” specified in Section 7931 include telephone corporations and resellers that are regulated by the commission, and paging companies that are not regulated by the commission. It is necessary to include all of these entities within the term “providers” in order to effectively meet the needs of the state as they relate to the establishment of new area codes. The Legislature does not, however, by including paging companies as “providers” in Section 7931, intend to expand the jurisdiction of the commission over paging companies beyond the requirements of this chapter. The Legislature continues to recognize the status of paging companies as unregulated entities. (Repealed and added by Stats. 1998, Ch. 534, Sec. 3. Effective January 1, 1999.)
  62. 7931.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    This section sets area-code planning steps and notice deadlines for providers, the coordinator, and 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7931. (a) This chapter is applicable to telephone corporations, including resellers, and to paging companies, hereafter referred to as providers. (b) For purposes of this chapter, “coordinator” means the “coordinator for California area code relief” as designated by the North American Numbering Council. (c) Whenever the coordinator and providers evaluate the potential boundaries of a new area code, they shall consider rate area boundaries, municipal boundaries, communities of interest, and other appropriate criteria. (d) When the coordinator determines the need to establish a new area code, at least 30 months prior to the projected opening of the new area code, the coordinator shall provide written notice to the commission regarding the need to establish the new area code. (e) From the date the written notice required by subdivision (d) is received by the commission all of the following shall be done: (1) Within three months all providers shall notify all affected customers in writing of the need to establish a new area code. Nothing in this paragraph requires a customer to receive in one bill more than one notice for each billed number. (2) Within nine months the coordinator and the commission staff shall notify representatives of local jurisdictions and the public in affected geographic areas, and, at the discretion of the commission, may conduct one or more meetings both for representatives of local jurisdictions and for members of the public in affected geographic areas to inform them of the proposed area code relief options and of measures that may be taken to mitigate any potential disruptions, and to afford them the opportunity to discuss the potential impact of the proposed options. (3) Within 11 months the coordinator shall file the results of the area code relief planning process with the commission requesting commission approval to implement a plan. Anyone may contest the results of the area code planning process by filing a written protest with the commission not later than 60 days after the results have been filed with the commission. (f) Unless the commission determines otherwise, at least 12 months prior to the date adopted by the commission for opening the new area code, all of the following shall be done: (1) The coordinator shall notify the general public of the specific geographic area to be included in both the old and new area codes. The notice shall include the schedule for any transitional dialing periods required by Section 7932. (2) Each telephone provider serving the specific geographic area included in the existing area code shall give written notice to all its affected customers about the specific geographic area that will be included in the new area code. The notice shall include the schedule for any transitional dialing periods required by Section 7932, and the prefixes that will be contained in the new area code. Nothing in this paragraph requires a customer to receive in one bill more than one notice for each billed telephone number. (g) Within three months prior to the adopted date for opening the new area code, each provider serving the existing area code shall give written notice to its affected customers of the specific geographic boundaries of the new area code. The notice shall include the schedule for any transitional periods required by Section 7932, and the prefixes that will be contained in the new area code. Nothing in this paragraph requires a customer to receive in one bill more than one notice for each billed number. (Amended by Stats. 2017, Ch. 425, Sec. 13. (SB 385) Effective January 1, 2018.)
  63. 7932.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    When a provider opens a new area code, it must set up required dialing arrangements and related announcements.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7932. (a) Whenever a provider opens a new area code, it shall do all of the following: (1) If the new area code plan permits seven-digit dialing, provide for a transitional dialing period during which a number in the new area code, or a number in the existing area code, may be reached by dialing either the seven-digit called number, or the area code plus the seven-digit called number. (2) Subsequent to the transitional dialing period provided in paragraph (1), if prefix codes are available, permit callers to reach a recorded announcement, without charge, that will inform the caller of the new area code when the existing area code is dialed. (3) If the new area code plan requires 10-digit dialing within an area code, provide for any transitional dialing period or recorded announcements the commission may order. (b) Paragraphs (1) and (2) of subdivision (a) shall no longer be operative if an authorized federal or state agency orders mandatory 10-digit dialing. (Added by renumbering Section 7931 by Stats. 1998, Ch. 534, Sec. 5. Effective January 1, 1999.)
  64. 7933.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    The rate structure for a call must not change just because an area code is split into two or more area codes.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7933. The rate structure of any call originating in or made to an area code shall not change with the split of an area code into two or more area codes, regardless of the number of digits dialed. (Added by renumbering Section 7932 by Stats. 1998, Ch. 534, Sec. 6. Effective January 1, 1999.)
  65. 7934.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    The section says the Legislature finds that new area codes have caused hardship and higher costs, and it states a policy to preserve existing area codes as long 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7934. The Legislature finds and declares all of the following: (a) The number of area codes in this state has more than doubled since 1991. (b) The proliferation of area codes has caused undue hardship on citizens of this state, who have begun to be forced into new area codes after years of having the same telephone number. (c) That proliferation has substantially increased costs to businesses, individuals, and government agencies. (d) New area codes require the replacement of business cards and letterhead stationery, and companies must use employee time contacting their customers to ensure that those customers are able to continue to reach the affected company. (e) The proliferation of area codes has also reduced worker productivity as employees begin using new and unfamiliar area codes. (f) It is the policy of the Legislature that existing area codes should be preserved for as long as possible. (g) It is the further policy of the Legislature that the hardship currently experienced by telecommunications customers as a result of the creation of new area codes should be alleviated. (h) For all of the reasons stated above, it is necessary for the commission, as a public agency, to take all possible measures to protect area codes as a public resource, stop area code proliferation, and review their existing practice of establishing new area code regions and the creation of area code overlays. (Added by Stats. 1999, Ch. 809, Sec. 2. Effective October 10, 1999.)
  66. 7935.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    The commission must develop and implement measures to help certain telephone corporations allocate telephone numbers within prefixes, and it must consider cost effectiveness before requiring implementation.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7935. (a) The commission shall develop and implement any measures it determines to be available for telephone corporations that possess prefixes to efficiently allocate telephone numbers within those prefixes. The commission shall consider the cost effectiveness of these measures before requiring implementation. Among the measures the commission shall consider are rate center consolidation, allocation of numbers in blocks smaller than 10,000, and unassigned number porting. (b) For the purpose of this section, in accordance with the North American Numbering Plan, a telephone number consists of a three digit area code or number plan area (NPA), a three digit prefix or NXX code, and a four digit line number. (Added by Stats. 1999, Ch. 809, Sec. 3. Effective October 10, 1999.)
  67. 7936.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    The commission must direct the North American Numbering Plan Administrator to obtain utilization data before a relief plan is adopted or a relief date is set, when a relief plan is proposed for an area code.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7936. The commission shall direct the North American Numbering Plan Administrator to obtain utilization data for any area code for which a relief plan is proposed, prior to adopting a plan for, or setting a date for, relief. (Added by Stats. 1999, Ch. 809, Sec. 4. Effective October 10, 1999.)
  68. 7938.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    The commission must require telephone corporations to assign numbers first from prefixes that are more than 25% in use, at least until number-pooling procedures or utilization standards are developed or adopted.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7938. The commission shall require, as an interim measure until the commission develops procedures for number pooling or adopts utilization standards, that number assignments made by telephone corporations to their customers shall be made first from prefixes that are more than 25 percent in use. A telephone corporation may assign numbers from prefixes with less than 25 percent use only to the extent necessary, if numbers from prefixes that are more than 25 percent in use are not otherwise available. (Added by Stats. 1999, Ch. 809, Sec. 6. Effective October 10, 1999.)
  69. 7939.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    If a process exists for allocating telephone numbers in blocks smaller than 10,000, the commission must require telephone corporations to return blocks for reassignment and must direct the numbering administrator to seek return of unused blocks.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7939. (a) If the commission or an authorized federal agency establishes a process to ensure that telephone numbers can be allocated in blocks smaller than 10,000, the commission shall require that a telephone corporation return to the North American Numbering Plan Administrator blocks of telephone numbers for reassignment, in a quantity determined by the commission. (b) The commission shall direct the North American Numbering Plan Administrator to seek the return of blocks of numbers smaller than 10,000 not in use. The commission, for purposes of this section, shall define “not in use.” (Added by Stats. 1999, Ch. 809, Sec. 7. Effective October 10, 1999.)
  70. 794.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission may order how certain utility outlays and receipts must be recorded, and public utilities must not keep different accounts, records, or memoranda from those prescribed, except explanatory or supplemental ones.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 794. The commission may, after notice, and hearing if requested within 15 days after receipt of notice, prescribe by order the accounts in which particular outlays and receipts shall be entered, charged, or credited. Where the commission has prescribed the forms of accounts, records, or memoranda to be kept by any public utility for any of its business, it is unlawful for such public utility to keep any accounts, records, or memoranda for such business other than those so prescribed, or those prescribed by or under the authority of any other state or of the United States, except such accounts, records, or memoranda as are explanatory of and supplemental to those prescribed by the commission. (Amended by Stats. 1968, Ch. 832.)
  71. 7940.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    A telephone corporation with number prefixes in this state must give the commission or its agent use information about prefixes in use and not in use, when requested.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7940. A telephone corporation doing business in this state that possesses one or more telephone number prefixes, or portions thereof, shall provide to the commission or its agent, upon request, use information pertaining to both those prefixes in use and those prefixes not in use, according to any schedule established by the commission. (Added by Stats. 1999, Ch. 809, Sec. 8. Effective October 10, 1999.)
  72. 7943.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. )

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    The commission must ask the Federal Communications Commission for authority to create a separate area code for mobile numbers, and it must study number use and conservation before approving a new area code.

    ## 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 3.5. New Area Codes [7930 - 7943] ( Chapter 3.5 added by Stats. 1990, Ch. 199, Sec. 1. ) ## 7943. (a) It is the intent of the Legislature that when the commission has no reasonable alternative other than to create a new area code, that the commission do so in a way that creates the least inconvenience for customers. (b) The commission shall request that the Federal Communications Commission grant authority for the commission to order telephone corporations to assign telephone numbers dedicated to mobile telephony service and mobile data service, as defined in Section 224.4, to a separate area code and to permit seven digit dialing within that technology-specific area code and the underlying preexisting area code or codes. (c) Before approving any new area code, the commission shall first perform a telephone utilization study and implement all reasonable telephone number conservation measures. (d) If the commission receives the grant of authority set forth in subdivision (b) and determines that further area code relief is needed, the commission shall exercise the authority granted to it in subdivision (b) unless it finds at least one of the following: (1) Exercising the authority granted by subdivision (b) would be more disruptive to the customers where area code relief has been determined to be necessary. (2) Exercising the authority granted by subdivision (b) will not adequately extend the life of the area code where relief has been determined to be necessary. (e) The commission may not implement any authority granted by the Federal Communications Commission pursuant to subdivision (b), in a manner that impairs the ability of a customer to have number portability. (Amended by Stats. 2006, Ch. 198, Sec. 25. Effective January 1, 2007.)
  73. 795.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission may require public utilities to keep a proper depreciation account, and may also set depreciation rates by order.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 795. The commission may, after hearing if requested, require any or all public utilities to carry a proper and adequate depreciation account in the form and in accordance with such rules as the commission prescribes. The commission may, from time to time, ascertain and by order fix the proper and adequate rates of depreciation of the several classes of property of each public utility. (Amended by Stats. 1970, Ch. 519.)
  74. 7951.

    ## 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 4. Injury to Public Utility Property [7951 - 7953] ( Chapter 4 enacted by Stats. 1951, Ch. 764. )

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    A person who wilfully and maliciously injures telegraph, telephone, electric power, or gas property is liable to the corporation for triple actual 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 4. Injury to Public Utility Property [7951 - 7953] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## 7951. Any person who wilfully and maliciously does any injury to telegraph or telephone or electric power or gas property is liable to the corporation for three times the amount of actual damages sustained thereby, to be recovered in any court of competent jurisdiction. (Enacted by Stats. 1951, Ch. 764.)
  75. 7952.

    ## 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 4. Injury to Public Utility Property [7951 - 7953] ( Chapter 4 enacted by Stats. 1951, Ch. 764. )

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    A person who negligently damages certain utility property is liable for the resulting damages, and vessel owners are liable if their vessel damages underwater utility cables or gas pipelines.

    ## 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 4. Injury to Public Utility Property [7951 - 7953] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## 7952. Any person who injures or destroys, through want of proper care, any necessary or useful facility or equipment of any telegraph, telephone, electrical, or gas corporation, is liable to the corporation for all damages sustained thereby. The measure of damages to the facility or equipment injured or destroyed shall be the cost to repair or replace the property injured or destroyed including direct and allocated costs for labor, materials, supervision, supplies, tools, taxes, transportation, administrative and general expense and other indirect or overhead expenses, less credit, if any, for salvage, as determined by such telegraph, telephone, electrical or gas corporations in conformity with a system of accounts established by the commission. The specifying of the measure of damages for the facility or equipment shall not preclude the recovery of such other damages occasioned thereby as may be authorized by law. Any vessel which, by dragging its anchor, or otherwise, breaks, injures or destroys any underwater cable of a telegraph, telephone or electrical corporation or pipeline of a gas corporation, subjects its owner to liability for the damages sustained thereby. (Amended by Stats. 1969, Ch. 709.)
  76. 7953.

    ## 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 4. Injury to Public Utility Property [7951 - 7953] ( Chapter 4 enacted by Stats. 1951, Ch. 764. )

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    Telegraph, telephone, electrical, or gas corporations cannot recover damages for injury to underwater cable or gas pipeline unless they previously marked the cable or pipeline location on the bank of the waters.

    ## 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 4. Injury to Public Utility Property [7951 - 7953] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## 7953. No telegraph, telephone, electrical or gas corporation can recover damages for the breaking, injury or destruction of any underwater cable or gas pipeline, unless the corporation has previously placed a marker on the bank of the waters under which the cable or pipeline is placed, indicating the place where the cable or pipeline lies. (Amended by Stats. 1969, Ch. 709.)
  77. 796.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission must reject advertising expenses that promote higher consumption when setting utility rates, but it may allow advertising expenses that promote efficiency, conservation, or accurate information about economical use of utility appliances.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 796. (a) The commission shall disallow, for purposes of setting the rates to be charged by any electrical, gas, or heat corporation for the services or commodities furnished by it, all expenses for advertising which encourage increased consumption of such services or commodities. (b) Notwithstanding subdivision (a), the commission may allow, for purposes of setting rates, expenses for advertising which encourages the more efficient operation of the electric, gas, or heating plant, or for advertising which encourages the more efficient use of electricity, gas, or heat or the conservation of energy or natural resources, or presents accurate information on the economical purchase, maintenance, or effective use of electrical or gas appliances and devices. (Added by Stats. 1974, Ch. 194.)
  78. 797.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission must periodically audit certain significant transactions involving covered utilities and their affiliates or controlling-interest corporations, and it may use independent auditors.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 797. The commission shall periodically audit, or direct that an independent audit be periodically conducted for, all significant transactions, as specified by the commission, between a water corporation with more than 2,000 service connections, or an electrical, gas, or telephone corporation, and every subsidiary or affiliate of, or corporation holding a controlling interest in, that water, electrical, gas, or telephone corporation. The commission, in this connection, may utilize the services of an independent auditor, who shall be selected and supervised by the commission, or may direct a water corporation with more than 2,000 service connections, or an electrical, gas, or telephone corporation, to utilize the services of an independent auditor, who shall be selected and supervised by that water, electrical, gas, or telephone corporation. Nothing in this section prohibits the commission from auditing any transaction between a water corporation with more than 2,000 service connections, or an electrical, gas, or telephone corporation, and any subsidiary or affiliate of, or corporation holding a controlling interest in, that water, electrical, gas, or telephone corporation, as otherwise permitted or required by law. (Amended by Stats. 2012, Ch. 224, Sec. 4. (SB 1364) Effective January 1, 2013.)
  79. 798.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission may impose a civil penalty on certain water, electrical, gas, or telephone corporations for covered affiliate-payment violations, up to three times the payment amount.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 798. (a) Whenever the commission finds and determines that any water corporation with more than 2,000 service connections, or an electrical, gas, or telephone corporation, has willfully made an imprudent payment to, or received a less than reasonable payment from, any subsidiary or affiliate of, or corporation holding a controlling interest in, the water, electrical, gas, or telephone corporation in violation of any rule or order of the commission, adopted and published by the commission prior to the transaction but after notice to, and an opportunity to comment by, the affected corporation, and the corporation has sought to recover the payment in any proceeding before the commission, the commission, following a hearing, may levy a penalty against the corporation not to exceed three times the required or prohibited payment, as the case may be, if the commission finds that the payment, in whole or part, was made or received by the corporation for the purpose of benefiting its subsidiary, affiliate, or holding corporation. This penalty is in addition to any criminal penalties which may apply. (b) In determining whether to impose a civil penalty under this section, the commission may take into consideration multistate public utility diversification activities involving cross-subsidization which are permissible in other states or under federal jurisdiction although in violation of the commission’s rules and orders. (Amended by Stats. 2012, Ch. 224, Sec. 5. (SB 1364) Effective January 1, 2013.)
  80. 799.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Local jurisdictions must notify utilities or other service suppliers in writing when certain tax changes occur; utilities generally are not required to investigate tax validity, assist with refunds unless reimbursed, or be named in related lawsuits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Books and Accounts [791 - 799] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 799. (a) With respect to all taxes enacted by any local jurisdiction, including any city, county, or city and county, including a chartered city or county, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, or any public or municipal corporation, and imposed on the customers of public utilities or other service suppliers, which taxes have been collected by the public utilities and other service suppliers and remitted to the local jurisdiction all of the following shall apply: (1) The public utility or other service supplier shall have no duty to independently investigate or inquire with the local jurisdiction concerning the validity of the tax ordinance. (2) In connection with any actions or claims relating to or arising from the invalidity of the tax ordinance, in whole or in part, the public utility or other service supplier shall not be liable to any customer as a consequence of collecting the tax. (3) In the event a local jurisdiction is ordered to refund the tax, it shall be the sole responsibility of the local jurisdiction to refund the tax. Unless a public utility or other service supplier is reimbursed by the local jurisdiction for the actual cost of assisting the local jurisdiction, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance, the public utility or other service supplier shall not be required to assist the local jurisdiction to refund the tax, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance. (4) In any action seeking to enjoin collection of taxes imposed on customers of utilities or other service suppliers and collected by the utilities or other service suppliers, in any action seeking declaratory relief concerning the taxes, in any action seeking a refund of the taxes, or in any action seeking otherwise to invalidate the taxes, the sole necessary party defendant in the action shall be the local jurisdiction on whose behalf the taxes are collected and the public utility or other service supplier collecting the taxes shall not be named as a party in the action. (5) If a local jurisdiction repeals the tax, reduces an existing tax rate, changes the tax base, or makes any other changes to the tax that would affect the collection and remittance of the tax, the local jurisdiction shall submit, on and after the effective date of the enactment of the change, a written notification and supply all requisite information to the public utility or service supplier, in accordance with the procedures established by the public utility or service supplier. The public utility or other service supplier shall not be required to implement the changes any earlier than 60 days from the date on which the public utility or other service provider receives the written notification and all other information required by the public utility or other service supplier. If the 60th day is not the first day of a month, then the public utility or other service provider shall implement the changes on the first day of the month following the month in which the 60th day occurs. (6) If a local jurisdiction adopts a new tax, the local jurisdiction shall submit, on and after the effective date of the adoption of the new tax, a written notification to the public utility or other service supplier, in accordance with procedures established by the public utility or other service supplier, requesting that the tax be collected. The public utility or other service supplier shall not be required to begin collecting the tax any earlier than 90 days from the date on which the public utility or other service provider receives written notification and all other information required by the public utility or other service supplier. If the 90th day is not the first day of a month, then the public utility or other service provider shall begin the tax collection on the first day of the month following the month in which the 90th day occurs. Nothing in this section shall be construed to prevent the public utility or other service provider from beginning the tax collection at an earlier date. (b) For purposes of this section, “other service supplier” shall include, but not be limited to, a holder of a state franchise issued pursuant to Section 5840. (c) The Legislature finds and declares that the limitations imposed by this section constitute an issue of statewide concern. The Legislature further finds and declares that the limitations imposed by this section are not municipal affairs as that term is used in Article XI of the California Constitution. Therefore, it is the intent of the Legislature that the limitations imposed by this section apply to all cities, counties, and cities and counties, including chartered cities and chartered counties, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, and any public or municipal corporation. (Amended by Stats. 2016, Ch. 156, Sec. 1. (SB 1422) Effective January 1, 2017.)
  81. 8.

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

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    This section says what counts as “writing,” requires certain notices and records to be in writing in English unless the code says otherwise, and allows certified mail to satisfy a registered-mail requirement.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, petition, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. (Amended by Stats. 1959, Ch. 426.)
  82. 80000.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    The board may call an election to ask voters whether the district should be dissolved, and must do so if a qualifying petition is filed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80000. The board may call an election any time for the purpose of submitting to the voters of the district the question of whether the district will be dissolved. Upon the filing with the clerk of the district of a petition signed by voters within the district equal in number to at least twenty-five percent (25%) of the total vote cast within the district at the last general statewide election asking that the question of dissolution of the district be submitted to the voters of the district, the board shall call such an election. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  83. 80001.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    The election on whether the district should be dissolved must be held within 60 days after the petition is filed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80001. The election for the purpose of submitting to the voters of the district the question of whether or not the district shall be dissolved shall be held within 60 days next succeeding the date on which the petition is filed. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  84. 80002.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80002. Notice of any election for dissolution, whether called because of the filing of a petition or ordered by the board without petition, shall be published. The date fixed for the election shall not be less than 30 days from the date of the first publication of the notice. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  85. 80003.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    Ballots for the election must include the standard election instructions and ask whether the Marin County Transit District should be dissolved.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80003. The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and in addition the following: Shall the Marin County Transit District be dissolved? YES NO (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  86. 80004.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80004. The board shall canvass the vote. If a majority of the votes favor dissolution, the board shall by resolution dissolve the district. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  87. 80005.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80005. The board shall file a certified copy of the resolution with the Secretary of State and for record in the office of the county recorder. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  88. 80006.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    When the district is dissolved, property rights in district-owned or controlled property pass to the city if the property is inside a city, or to the county if it is outside a city.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80006. Upon dissolution the right, title, and interest to property owned or controlled by the district situated within the limits of any city vests absolutely in the city. If such property is situated outside the limits of a city, it vests in the county in which it is situated. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  89. 80007.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    For a dissolved district, the board of supervisors becomes its governing body and may levy taxes and assessments to wind up the district’s affairs and pay outstanding debt.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 9. Dissolution [80000 - 80007] ( Chapter 9 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80007. The board of supervisors is, ex officio, the governing body of the dissolved district. It may levy taxes and assessments and perform other acts necessary to wind up the district affairs and to raise money for the payment of outstanding indebtedness. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  90. 8001.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Definitions [8001 - 8003] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section says the article’s definitions and general provisions control how the chapter is interpreted, unless the specific provisions or context require 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Definitions [8001 - 8003] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8001. Unless the particular provisions or the context otherwise requires, the definitions and general provisions contained in this article shall govern the construction of this chapter. (Enacted by Stats. 1951, Ch. 764.)
  91. 80010.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    The district may be consolidated with another qualifying transit district under the procedures in this chapter.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80010. The district may be consolidated with any other transit district organized and operating pursuant to Part 2 (commencing with Section 28500) of this division, in the manner provided in this chapter. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  92. 80011.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80011. Whenever the board finds and determines that: (a) Another transit district is willing to annex the territory comprising the district; (b) The annexing district has adequate facilities for and is able to supply transit service to the district in a manner equal to or superior to that presently rendered by the district; (c) Annexation will not result in assumption of financial obligations by the taxpayers of district disproportionate to the services which they will receive; the board shall thereafter negotiate an agreement with the annexing district specifying the terms and conditions of annexation and such other matters as are necessary and incidental thereto. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  93. 80012.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    The board must adopt a resolution that fully states the proposed contract’s terms and conditions and declare its intention to seek approval and consolidation with another transit district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80012. The board shall thereafter, by resolution setting forth the terms and conditions of the proposed contract at length, declare its intention to cause the agreement to be approved and effect consolidation of district with such other transit district. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  94. 80013.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    The resolution and hearing notice must be published once in a newspaper of general circulation published in the district, and the hearing date must be set between 30 and 60 days after the notice is published.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80013. The resolution, together with a notice fixing the time and place for hearing thereon, shall be published once in a newspaper of general circulation published in the district. The time fixed for hearing shall not be less than 30 nor more than 60 days from the date of publication of such notice. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  95. 80014.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80014. At the hearing any interested person may file with the board written objections to the approval of the terms and conditions of the proposed contract or the consolidation, or both the proposed contract and the consolidation. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  96. 80015.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

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    After the hearing, the board must decide whether to approve the contract and carry out the consolidation, and it must hear and decide any objections.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80015. Upon the hearing, the board shall determine whether or not the terms and conditions of the contract will be approved and the consolidation effected, and shall hear and determine all objections thereto. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  97. 80016.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

    Verify source ↗

    The board may adjourn a hearing on the agreement and consolidation, but the total adjournment time cannot exceed 30 days.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80016. Any hearing on the agreement and consolidation may be adjourned from time to time by the board, not exceeding 30 days in all, without further notice other than an order entered upon the minutes of the meeting fixing the time and place of adjournment. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  98. 80017.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

    Verify source ↗

    If no protests are filed, or the board overrules and denies filed protests, the board must approve the agreement’s terms and conditions and move ahead with consolidation.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80017. If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall thereupon by resolution finally approve the terms and conditions of the agreement and proceed with the consolidation. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  99. 80018.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

    Verify source ↗

    After that, the other district must carry out the consolidation using the procedure for annexing counties in Chapter 9.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80018. Thereafter such consolidation shall be effected by such other district in the manner provided for annexation of counties in Chapter 9 (commencing with Section 29500), Part 2 of this division. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  100. 80019.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. )

    Verify source ↗

    After the consolidation procedure is completed, the Marin County Transit District is deemed dissolved, and remaining district property and assets must be distributed to the County of Marin unless covered by the negotiated consolidation contract.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 7. MARIN COUNTY TRANSIT DISTRICT [70000 - 80019] ( Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## CHAPTER 10. Consolidation with Other Districts [80010 - 80019] ( Chapter 10 added by Stats. 1964, 1st Ex. Sess., Ch. 92. ) ## 80019. Upon the completion of such consolidation procedure, the Marin County Transit District shall be deemed to be dissolved. Thereafter, all property and assets of district which are not subject to the negotiated contract pertaining to consolidation shall be distributed to the County of Marin. (Added by Stats. 1964, 1st Ex. Sess., Ch. 92.)
  101. 8002.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Definitions [8001 - 8003] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section defines “person” broadly to include public officials and employees, as well as other persons, firms, and corporations.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Definitions [8001 - 8003] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8002. “Person” includes any commission, officer, agent, or employee of this State, or of any county, city, city and county, or other political subdivision thereof, and any other person, firm, or corporation. (Enacted by Stats. 1951, Ch. 764.)
  102. 8003.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Definitions [8001 - 8003] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section defines “signal wires or cables” to include telephone, telegraph, and other signal wires.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Definitions [8001 - 8003] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8003. “Signal wires or cables” include telephone, telegraph, and other signal wires. (Enacted by Stats. 1951, Ch. 764.)
  103. 8026.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person generally must not place or keep electric wires or cables on poles too close to the pole’s center 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8026. No person shall run, place, erect, or maintain any wire or cable used to conduct electricity, on any pole, or any crossarm, bracket, or other appliance attached to such pole, within a distance of 13 inches from the center line of the pole. This section does not apply to signal wires or cables which are attached to a pole to which is attached no wire or cable other than signal wires or cables, except within the corporate limits of a city, nor shall this section apply to such wires or cables where they are placed vertically on poles, nor to bridle or jumper wires on any pole which are attached to signal wires on the same pole, nor to any aerial cable, as between such cable and any pole on which it originates or terminates. Telephone toll lines may be exempt from the provisions of this section if proper evidence introduced before the commission proves to the satisfaction of the commission, that compliance would seriously interfere with long distance telephone transmission. This section does not apply to wires run from lead wires to arc or incandescent lamps nor to transformers placed upon poles, nor to any wire or cable where it is attached to the top of a pole, as between it and the pole, nor to any aerial cable containing signal wires where the cable is attached to a pole on which no other wires or cables than wires continuing from the cable are maintained if electric light or power wires or cables are not maintained on the same side of the street or highway on which the aerial cable is placed. (Enacted by Stats. 1951, Ch. 764.)
  104. 8027.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    People generally may not place or keep electric wires, cables, or certain poles too close to other poles or wires; a 13-inch clearance rule applies, with stated exceptions.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8027. No person shall run, place, erect, or maintain in the vicinity of any pole (and unattached thereto) within the distance of 13 inches from the center line of the pole, any wire or cable used to conduct electricity, or place, erect or maintain any pole (to which is attached any wire or cable used to conduct electricity) within the distance of 13 inches (measured from the center of such pole) from any wire or cable used to conduct or carry electricity. As between any wire or cable and any pole, only the wire, cable, or pole last in point of time run, placed, or erected, shall be held to be run, placed, erected, or maintained in violation of the provisions of this section. This section does not apply to signal wires, or cables on poles to which are attached no other wires, as between such wires and poles to which are attached no other wires or cables than signal wires if such wires, cables, and poles are not within the corporate limits of a city. Telephone toll lines may be exempt from this section if proper evidence introduced before the commission proves to the satisfaction of the commission, that compliance would seriously interfere with long distance telephone transmission. (Enacted by Stats. 1951, Ch. 764.)
  105. 8028.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    People may not place or keep high-voltage and low-voltage wires or cables too close together above ground, with limited exceptions. The commission can allow an alternative setup if the section cannot be complied with.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8028. No person shall run, place, erect, or maintain, above ground, within four feet from any wire or cable conducting less than 600 volts of electricity, any wire or cable which conducts at any one time more than 600 volts of electricity, or run, place, erect, or maintain within four feet from any wire or cable which conducts at any one time more than 600 volts of electricity any wire or cable conducting or carrying less than 600 volts of electricity. This section does not apply to wires or cables attached to a transformer, arc or incandescent lamp within four feet (measured along the line of the wire or cable) from the point where such wire or cable is attached to such transformer, arc or incandescent lamp, nor to wires or cables within buildings or other structures, nor to wires or cables where they are placed vertically on poles, or to any lead wires or cables between the points where they are made to leave any pole for the purpose of entering any building or other structure and the point at which they are made to enter such building or structure. As between any two wires or cables, or any wire or any cable, run, placed, erected, or maintained in violation of this section, only the wire or cable last in point of time run, placed, or erected shall be held to be run, placed, erected, or maintained thus in violation of this section. Where no more than one crossarm is maintained on a pole, all the wires or cables conducting at any one time more than 600 volts of electricity shall be placed on the crossarm on one side of the pole, and all the wires or cables conducting less than 600 volts of electricity shall be placed on the crossarm on the other side of the pole. The space between any wire or cable conducting at any one time more than 600 volts of electricity and any wire or cable conducting less than that voltage shall be at least 36 inches clear measurement in a horizontal line. Where the provisions of this section cannot be complied with, the commission may grant permission for the following form of construction; where two or more systems for the distribution of electric light or power occupy the same poles with wires or cables, all wires or cables conducting at any one time more than 600 volts of electricity may be placed on the crossarms on one side of the pole, and all wires or cables conducting less than that voltage, shall in such case, be placed on the crossarms on the other side of the pole; the space between any wire or cable conducting at any one time more than 600 volts of electricity and any wire or cable conducting or carrying less than that voltage shall be at least 36 inches in measurement in a horizontal line; and in such construction all crossarms shall be at least 36 inches apart in a vertical line. (Enacted by Stats. 1951, Ch. 764.)
  106. 8029.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Anyone running or maintaining wires or cables carrying more than 600 volts must keep the attached crossarms painted bright yellow or post “high voltage” signs.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8029. No person shall run, place, erect, or maintain any wire or cable which conducts at any one time more than 600 volts of electricity, without causing each crossarm, or such other appliance as is used in lieu thereof, to which such wire or cable is attached to be kept at all times painted a bright yellow color, or, on such crossarm, or other appliance used in lieu thereof, shall be placed signs, providing, in white letters on a green background, not less than three (3) inches in height the words “high voltage” on the face and back of each crossarm. The provisions of this section do not apply to crossarms to which are attached wires or cables conducting more than 10,000 volts of electricity, and which are situated outside the corporate limits of a city. (Enacted by Stats. 1951, Ch. 764.)
  107. 8029.5.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A person may not place, erect, or keep certain PCB-containing electrical devices on a pole when EPA marking rules apply; if requested by a local fire protection agency, the pole owner or controller must either add a reflective band or provide the device 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8029.5. No person shall place, erect, or maintain on any pole any transformer, capacitor, or other electrical device containing polychlorinated biphenyls for transforming electric current, when the pole or transformer is required to be marked pursuant to applicable regulations of the United States Environmental Protection Agency, unless the person owning or controlling the pole on which the device is situated, upon request of any fire protection agency within the person’s electrical service area, either marks the pole with a reflective band specified by the fire protection agency or furnishes to the fire protection agency the location of every pole within the fire protection agency on which such a device is located, at the person’s option. (Added by Stats. 1982, Ch. 549, Sec. 1.)
  108. 8030.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    No person may install or keep certain guy wires or guy cables on electric poles unless they are insulated at specified distances, with limited exceptions.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8030. No person shall run, place, erect, or maintain any guy wire or guy cable attached to any pole or appliance to which is attached any wire or cable used to conduct electricity, without causing the guy wire or guy cable to be effectively insulated at all times at a distance of not less than four (4) feet nor more than eight (8) feet (measured along the line of the wire or cable) from the upper end thereof, and at a point not less than eight (8) feet vertically above the ground from the lower end thereof. Where two or more guy wires or guy cables are attached to the same pole and same anchorage pole there shall be at least one foot, vertical space, between the points of attachment. No insulation shall be required at the lower end of a guy wire or guy cable where it is attached to a grounded anchor. Where guy wires or guy cables are attached to a pole or structure of steel or other conducting material supporting wires or cables conducting in excess of 15,000 volts where the pole or structure is thoroughly grounded no insulation shall be required at any point in the guy wire or guy cable. This section does not apply to guy wires or guy cables attached to poles carrying no wire or cable other than signal wires or cables and which are situated outside the corporate limits of a city. (Enacted by Stats. 1951, Ch. 764.)
  109. 8031.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person may not vertically place or maintain electricity-conducting wires or cables on a pole unless they are fully enclosed in adequate casing, subject to stated exceptions.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8031. No person shall run, place, erect, or maintain vertically on any pole any wire or cable used to conduct electricity, without causing such wire or cable to be at all times wholly incased in a casing equal in durability and insulating efficiency to a wooded casing not less than one and one-half inches thick. This section does not apply to vertical signal wires or cables on poles where no other such wires or cables are maintained, and which are outside the corporate limits of a city, nor to wires or cables run vertically on iron poles or structures where both pole or structure and conduit are securely grounded. (Enacted by Stats. 1951, Ch. 764.)
  110. 8032.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person must not place, erect, or keep a transformer on a pole or pole attachment that carries an electric arc lamp, unless the section’s 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8032. No person shall place, erect, or maintain on any pole, or any crossarm or other appliance on the pole, which carries or upon which is placed an electric arc lamp, any transformer for transforming electric currents. This section shall not apply if the arc lamp is suspended so that it can be trimmed from the ground or from a stand located on the pole not less than seven feet below the transformer, and in so suspending the arc lamp no wire or cable in connection therewith is run vertically on the pole unless the wire or cable is protected as provided for in Section 8031. (Enacted by Stats. 1951, Ch. 764.)
  111. 8033.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A person may not run, place, erect, or maintain a wire or cable over 15,000 volts across a lower-voltage wire or cable or across a public highway unless the crossing meets the stated pole, clearance, or double-strength construction conditions.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8033. No person shall run, place, erect, or maintain any wire or cable carrying more than 15,000 volts of electricity across any wire or cable carrying less than that voltage or across any public highway, except on a pole of such height and so placed at each crossing that under no circumstances can the wire or cable of a voltage higher than 15,000 volts in case of breakage thereof or otherwise, come in contact with any wire or cable of less than that voltage, or fall within a distance of ten (10) feet from the surface of any public highway; or in lieu thereof double strength construction may be installed, in which case the wires carrying a voltage higher than 15,000 volts shall, between the points of crossing, be of a cross-section area equal to at least twice that used in the line outside of such crossing, except where the conductor used is equal to number four (4) stranded Brown and Sharpe gauge or greater, in which case the wires or cables will be considered as complying with the law. (Enacted by Stats. 1951, Ch. 764.)
  112. 8034.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A person must not run, place, erect, or maintain certain suspension wires unless an additional safety bolt and clamp, or another equal-strength safety appliance, is attached at the same 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8034. No person shall run, place, erect, or maintain any suspension wire to which is attached any aerial cable of 75 pair No. 19 Brown and Sharpe gauge or over, or of 100 pair No. 22 Brown and Sharpe gauge or over suspended from a crossarm, or from any other structure or appliance from which the suspension wire is hung, by a single bolt and clamp without at the same time attaching the suspension wire to the crossarms, structure, or appliance by an additional safety bolt and clamp, or other safety appliance for thus attaching the suspension wire of tensile strength equal to the first bolt and clamp. (Enacted by Stats. 1951, Ch. 764.)
  113. 8035.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Sections 8026 to 8034 do not apply to certain direct current or signal wires, but those wires must still stay at least 13 inches from the center line of any pole other than the pole carrying 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8035. None of the provisions of Sections 8026 to 8034, inclusive, apply to direct current electric wires or cables having the same polarity, nor to signal wires when no more than two (2) of such signal wires are attached to any one pole, but no such direct current or signal wires shall in any case be run, placed, erected, or maintained within the distance of thirteen (13) inches from the center line of any pole other than the pole or poles on which the wires or cables are carried, carrying electric wires or cables. As between any two wires, or cables, or any wire or cable run, placed, erected, or maintained in violation of this section, only the wire or cable last in point of time run, placed, erected, or maintained shall be held to be run, placed, erected, or maintained thus in violation of this section. (Enacted by Stats. 1951, Ch. 764.)
  114. 8036.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person must not run, place, erect, or maintain a span wire on a live electrical wire or cable unless the span wire is kept effectively insulated as specified.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8036. No person shall run, place, erect, or maintain any span wire attached to any wire or cable used to conduct electricity, without causing the span wire to be at all times effectively insulated between the outer point at which it is in any case fastened to the pole or other structure by which it is hung or supported, and at the point at which it is in any case thus attached. Such insulation shall not in any case be placed less than two (2) feet or more than four (4) feet from the point at which the span wire is so attached. When in any case such span wire is attached along its length to any two (2) such wires or cables, conducting electricity and extending parallel to each other, not more than eighteen (18) feet apart, such insulation shall not be required therein at any point between such parallel wires or cables. This section does not apply where feeder wires are used in place of span wires. (Enacted by Stats. 1951, Ch. 764.)
  115. 8037.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may grant extra time, must inspect all work covered by this article, may require safety-related additions or changes, and must enforce the article’s provisions.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8037. The commission may grant such additional time and shall inspect all work which is included in the provisions of this article, and may make such further additions or changes as the commission deems necessary for the purpose of safety to employees and the general public. The commission shall enforce the provisions of this article. (Enacted by Stats. 1951, Ch. 764.)
  116. 8038.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Surface Transmission [8026 - 8038] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8038. Any violation of any provision of this article is a misdemeanor. (Enacted by Stats. 1951, Ch. 764.)
  117. 8051.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person may not build or rebuild certain underground utility spaces unless they meet specified minimum interior dimensions, with two stated exceptions.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8051. No person shall build or rebuild any subway, manhole, chamber, or underground room used or to be used to contain, encase, cover, or conduct any wire, cable, or appliance, to conduct or handle electricity, unless such subway, manhole, chamber, or underground room has an inside measurement of not less than four feet at the maximum points between the side walls thereof, and between the end walls thereof, and not less than five feet at all points between the floor and the top or ceiling thereof, or if circular in shape, at least four feet diameter inside measurement and not less than five feet at all points between the floor and ceiling thereof. This section does not apply to any such subway, manhole, chamber, or underground room, within which it is not intended or required that any human being perform work or labor or be employed. This section does not apply where satisfactory proof is submitted to the commission that it is impracticable or physically impossible to comply with this law within the space or location so designated by the proper municipal authorities. (Enacted by Stats. 1951, Ch. 764.)
  118. 8052.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person must not build or rebuild certain openings to the outside air in underground electrical spaces if they are smaller than the stated minimum sizes.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8052. No person shall build or rebuild in any subway, manhole, chamber, or underground room used or to be used to contain, encase, cover, or conduct any wire, cable, or appliance to conduct or handle electricity, any opening to outer air which is less than 26 inches if circular in shape, or less than 24 inches by 26 inches clear measurement if rectangular in shape. (Enacted by Stats. 1951, Ch. 764.)
  119. 8053.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person must not build or rebuild an opening at ground level in certain underground utility spaces if it is within 3 feet of a railway or streetcar track.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8053. No person shall build or rebuild in any subway, manhole, chamber, or underground room, used or to be used to contain, encase, cover, or conduct any wire, cable, or appliance to conduct or handle electricity, any opening which is at the surface of the ground, within the distance of three feet at any point from the rail of any railway or streetcar track. This section does not apply where satisfactory proof is submitted to the commission that it is impracticable or physically impossible to comply with this law in the space or location so designated by the proper municipal authorities. (Enacted by Stats. 1951, Ch. 764.)
  120. 8054.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person must not build or rebuild certain underground utility spaces unless the floor is made of stone, concrete, brick, or a similar non-decomposing material.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8054. No person shall build or rebuild any subway, manhole, chamber, or underground room, used or to be used, to contain, encase, cover, or conduct any wire, cable, or appliance to conduct or handle electricity unless the floor of the subway, manhole, chamber, or underground room is made of stone, concrete, brick, or other similar material not subject to decomposition. This section does not apply to any subway, manhole, chamber, or underground room within which it is not intended or required that any human being perform work or labor or be employed. (Enacted by Stats. 1951, Ch. 764.)
  121. 8055.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person must not build, rebuild, or maintain certain underground utility spaces unless they are kept sanitary and free of stagnant water, seepage, drainage, and other health-dangerous offensive matter.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8055. No person shall build or rebuild or maintain any subway, manhole, chamber, or underground room used, or to be used, to contain, encase, cover, or conduct any wire, cable, or appliance to conduct or handle electricity, unless such subway, manhole, chamber, or underground room is kept at all times in a sanitary condition and free from stagnant water, seepage, or other drainage, or any offensive matter dangerous to health, either by sewer connection or otherwise. This section does not apply to any subway, manhole, chamber, or underground room within which it is not intended or required that any human being perform work or labor, or be employed. (Enacted by Stats. 1951, Ch. 764.)
  122. 8056.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may inspect covered work and make needed additions or changes for safety, and it must enforce 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8056. The commission may inspect all work which is included in the provisions of this article, and may make such further additions or changes as the commission deems necessary for the purpose of safety to employees and the general public. The commission shall enforce the provisions of this article. (Enacted by Stats. 1951, Ch. 764.)
  123. 8057.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor.

    ## 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 5. Electrical Line Construction [8001 - 8057] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Underground Transmission [8051 - 8057] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8057. Any violation of any provision of this article is a misdemeanor. (Enacted by Stats. 1951, Ch. 764.)
  124. 8101.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The section states California’s policy to encourage electrical utilities and irrigation districts to prevent or remove economic waste by defining areas each will serve or not serve.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8101. Under certain conditions the sale and distribution of electric power and energy in the same geographical area both by an electrical utility and by an irrigation district, results in duplication of service, waste of materials, increase in costs, waste of manpower and economic loss, and is detrimental to the efficiency and best interests of such districts. It is the policy of this State to induce such utilities and irrigation districts to prevent or remove such economic waste and to adopt more efficient and economic methods of distribution of electric power and energy, and to that end encourage the definition of areas to be served or not to be served by each. (Enacted by Stats. 1951, Ch. 764.)
  125. 8102.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A utility may ask the commission to limit or define the areas in which it may sell or distribute electric power or energy, but the petition must include specified facts, contracts, descriptions, and requested relief.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8102. Any utility may petition the commission setting forth in its petition the following: (a) That the petitioner and an irrigation district formed under the laws of this State are both engaged or propose to engage in the sale and distribution of electric power and energy in the described area or areas or in contiguous areas, or that the petitioner proposes to sell an electric distribution system in a described area, to such irrigation district. (b) That the petitioner and irrigation district are desirous of entering into a contract in which, among other things, and as one of the considerations therefor, they consent to the limitation of areas which each are to serve or are to be excluded from serving. (c) A copy of the contract or proposed contract. (d) A description of the respective areas that the limitations will affect and the terms of the contract, if any, or the conditions, if any, existing in connection with such limitations or the sale or acquisition of a utility distribution system. (e) A prayer that the commission issue its order limiting the area or areas within which the petitioner may, directly or indirectly, sell or distribute electric power or energy or define the area or areas within which the petitioner shall not sell or distribute electric power or energy as indicated in the petition and set forth in a contract or proposed contract. (Enacted by Stats. 1951, Ch. 764.)
  126. 8103.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must investigate and may hold hearings if it thinks they are desirable.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8103. Thereupon, the commission shall cause an investigation to be made and may conduct such hearings in connection therewith as it considers desirable. (Enacted by Stats. 1951, Ch. 764.)
  127. 8104.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If the commission makes the required findings, it must issue an order limiting or defining the areas where a utility may sell or distribute electric power or energy.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8104. If the commission finds that it is for the best interests of the State and of the utility, and not incompatible with any public interest that the petition be granted, it shall make and issue its order limiting the area or areas within which the utility shall have the right and authority to sell or distribute electric power or energy, directly or indirectly, or define the area or areas within which the utility shall not have the right or authority to sell or distribute electric power or energy, directly or indirectly. The commission may, in its order, approve and thereby authorize the contract or conditions, if any, in connection therewith. No limitation or definition of area or areas or statement of conditions shall be included in the order except as contained in the petition and contract. (Enacted by Stats. 1951, Ch. 764.)
  128. 8106.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Commission-approved area limitations or designations are treated as complying with 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8106. Where limitation of areas to be served or limitations or designations of areas not to be served by the utility and by an irrigation district have heretofore been approved or are hereafter approved by the commission they shall be deemed to have complied with this article. (Enacted by Stats. 1951, Ch. 764.)
  129. 8107.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If conduct is done in compliance with this article or an order under it and to further its purposes, that proof is a complete defense to certain monopoly- and restraint-of-trade claims.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8107. In any civil or criminal action or proceeding for violation of the Cartwright Act (Chapter 530, Statues of 1907), Part 2 of Division 7 of the Business and Professions Code, or any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with this article or an order issued under it and in furtherance of the purposes and provisions of this article is a complete defense in such action or proceeding. (Enacted by Stats. 1951, Ch. 764.)
  130. 8108.

    ## 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If a commission-approved contract or order limits a utility’s electric service, the utility must not serve electricity where or how that contract or order forbids 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 6. Electric Service Areas [8101 - 8108] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Designation by Public Utilities Commission [8101 - 8108] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8108. If, in any contract submitted and approved by the commission or in any order made by the commission pursuant to application and petition as in this article provided, it is provided that the utility is not to serve or furnish electric energy in a specified area or areas, or is to furnish or serve electric energy under limited or specified circumstances only, or is to refrain from serving or furnishing electric energy in certain specified areas or under certain specified circumstances or under certain specified limitations, then, from and after the effective date of such order of the commission, it shall be unlawful for the utility to serve electric energy in any area or in any manner which the contract and order provides that service shall not be rendered, and the affected district shall be entitled, as a matter of right, to an injunction to prevent any such unlawful act on the part of the utility. (Enacted by Stats. 1951, Ch. 764.)
  131. 816.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Public utilities may issue certain securities and create liens, but only as allowed by law and under commission rules; the State keeps supervisory control.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 816. The power of public utilities to issue stocks and stock certificates or other evidence of interest or ownership and bonds, notes, and other evidences of indebtedness and to create liens on their property situated within this State is a special privilege, the right of supervision, regulation, restriction, and control of which is vested in the State, and such power shall be exercised as provided by law under such rules as the commission prescribes. (Enacted by Stats. 1951, Ch. 764.)
  132. 816.5.

    ## 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Certain rail carriers and passenger stage corporations do not need commission authority to enter specified financing contracts for motor vehicle or railroad equipment.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 816.5. Nothing in this article or in Article 6 (commencing with Section 851) requires a common carrier by railroad subject to the Interstate Commerce Act (49 U.S.C. Sec. 10101 et seq.) or passenger stage corporation to secure from the commission authority to execute any conditional sales contract for the purchase of motor vehicle or railroad equipment or any note or chattel mortgage on that equipment securing the payment of all, or any part, of the purchase price. (Amended by Stats. 1996, Ch. 1042, Sec. 22. Effective September 29, 1996.)
  133. 817.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A public utility may issue certain stocks, certificates, bonds, notes, and similar debt instruments, but only for the listed purposes.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 817. A public utility may issue stocks and stock certificates or other evidence of interest or ownership, and bonds, notes, and other evidences of indebtedness payable at periods of more than 12 months after the date thereof, for any one or more of the following purposes and no others: (a) For the acquisition of property. (b) For the construction, completion, extension, or improvement of its facilities. (c) For the improvement or maintenance of its service. (d) For the discharge or lawful refunding of its obligations. (e) For the financing of the acquisition and installation of electrical and plumbing appliances and agricultural equipment which are sold by other than a public utility, for use within the service area of the public utility. (f) For the reorganization or readjustment of its indebtedness or capitalization upon a merger, consolidation, or other reorganization. (g) For the retirement of or in exchange for one or more outstanding stocks or stock certificates or other evidence of interest or ownership of such public utility, or bonds, notes, or other evidence of indebtedness of such public utility, with or without the payment of cash. (h) For the reimbursement of moneys actually expended from income or from any other money in the treasury of the public utility not secured by or obtained from the issue of stocks or stock certificates or other evidence of interest or ownership, or bonds, notes, or other evidences of indebtedness of the public utility, for any of the aforesaid purposes except maintenance of service and replacements, in cases where the applicant has kept its accounts and vouchers for such expenditures in such manner as to enable the commission to ascertain the amount of money so expended and the purposes for which such expenditure was made. (Amended by Stats. 1959, Ch. 1370.)
  134. 818.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A public utility may not issue certain stocks, stock certificates, bonds, notes, or other indebtedness due more than 12 months later unless it first gets a commission order authorizing the issue.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 818. No public utility may issue stocks and stock certificates, or other evidence of interest or ownership, or bonds, notes, or other evidences of indebtedness payable at periods of more than 12 months after the date thereof unless, in addition to the other requirements of law it shall first have secured from the commission an order authorizing the issue, stating the amount thereof and the purposes to which the issue or the proceeds thereof are to be applied, and that, in the opinion of the commission, the money, property, or labor to be procured or paid for by the issue is reasonably required for the purposes specified in the order, and that, except as otherwise permitted in the order in the case of bonds, notes, or other evidences of indebtedness, such purposes are not, in whole or in part, reasonably chargeable to operating expenses or to income. (Enacted by Stats. 1951, Ch. 764.)
  135. 819.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may investigate and hold a hearing before deciding whether to allow a utility to issue stocks or debt, and it may approve, deny, or condition that permission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 819. To enable it to determine whether it will issue the order, the commission may hold a hearing and may make such additional inquiry or investigation, examine such witnesses, books, papers, documents, and contracts, and require the filing of such data as it deems of assistance. The commission may by its order grant permission for the issue of such stocks or stock certificates or other evidence of interest or ownership, or bonds, notes, or other evidences of indebtedness in the amount applied for, or in a lesser amount, or refuse such permission, or grant it subject to such conditions as it deems reasonable and necessary. The commission may authorize issues of bonds, notes, or other evidences of indebtedness, less than, equivalent to or greater than the authorized or subscribed capital stock of a public utility corporation. (Amended by Stats. 1953, Ch. 702.)
  136. 820.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission cannot authorize capitalization above what was actually paid for a franchise, permit, or related right, and public utilities may not issue debt against certain consolidation or merger 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 820. The commission shall have no power to authorize the capitalization of the right to be a corporation, or the capitalization of any franchise or permit, or the right to own, operate, or enjoy any such franchise or permit, in excess of the amount (exclusive of any tax or annual charge) actually paid to the State or to a political subdivision thereof as the consideration for the grant of such franchise, permit, or right. No contract for consolidation or lease shall be capitalized, nor shall any public utility issue any bonds, notes, or other evidences of indebtedness against or as a lien upon any contract for consolidation or merger. (Enacted by Stats. 1951, Ch. 764.)
  137. 8201.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A city-franchise water company must properly and adequately serve water to the people in its service area, including water quality that meets or exceeds State Department of Health standards.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8201. Any water company having a franchise to use the streets of a city, shall properly and adequately serve with water the inhabitants of the territory for the service of which it has such franchise. As used in this section, to “properly and adequately serve with water” includes furnishing water of a quality meeting or exceeding standards established by the State Department of Health pursuant to Section 4026 of the Health and Safety Code. (Amended by Stats. 1974, Ch. 229.)
  138. 8202.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Depending on who has jurisdiction in the city, either the commission must enforce Section 8201 or the city’s governing body must adopt rules to enforce Section 8201.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8202. If the commission has jurisdiction of extensions and service in the city it shall enforce a compliance with Section 8201. If the commission does not have such jurisdiction, then the governing body of the city shall adopt rules to enforce a compliance with Section 8201. (Enacted by Stats. 1951, Ch. 764.)
  139. 8203.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A person harmed by a water company’s failure to follow city-adopted regulations may sue that water company and recover twice the damages suffered.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8203. In addition to the penalties which may be provided by the governing body of a city for failure to comply with such regulations adopted by it, any person aggrieved by the failure of any water company to comply with such regulations may recover, by civil action against such water company, twice the amount of damages he may sustain by reason of such failure. (Enacted by Stats. 1951, Ch. 764.)
  140. 8204.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section defines “water company” 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Adequate Water Service [8201 - 8204] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 8204. “Water company” as used in this article, includes any person, firm, or private corporation engaged in the business of supplying water for domestic use within any city. (Enacted by Stats. 1951, Ch. 764.)
  141. 821.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A public utility may issue long-term bonds or other interest-bearing securities, and may issue preferred stock with warrants or conversion terms, subject to this article.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 821. Subject to the provisions of this article, any public utility may issue bonds, or other interest bearing securities maturing at periods of more than 12 months after the date thereof, and may issue one or more classes of preferred stock which may have attached thereto warrants entitling the holder to subscribe for shares of common stock in such amounts, at such future dates, at such prices and on such terms and conditions as may be specified in the warrants. Such bonds, or other interest bearing obligations and such preferred stock also may be issued with provision therein that they may be converted into shares of common stock in such amounts, at such future dates, at such prices, and on such terms and conditions as may be specified therein. (Enacted by Stats. 1951, Ch. 764.)
  142. 822.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The commission may approve the terms and conditions for issuing or exchanging certain securities, but only after an application and a hearing on fairness.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 822. Pursuant to this part the commission may, upon an application for an order to issue stocks, bonds, debentures, notes, or other securities or to deliver other consideration in exchange for one or more bona fide outstanding stocks, bonds, debentures, notes, or other securities, claims or property interests, or partly in such exchange and partly for cash, approve the terms and conditions of such issuance and exchange or such delivery and exchange and the fairness of such terms and conditions, after a hearing upon the fairness thereof. All persons to whom it is proposed to issue stocks, bonds, debentures, notes or other securities or to deliver such other consideration in such exchange may appear at such hearing. (Amended by Stats. 1977, Ch. 235.)
  143. 8226.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Railroad and Steamboat Police [8226 - 8227] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The Governor may appoint and commission railroad-company-designated persons as police officers, if the railroad company applies and the appointees are duly sworn.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Railroad and Steamboat Police [8226 - 8227] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8226. The Governor of the state may, upon the application of any railroad company, appoint and commission during his or her pleasure one or more persons designated by the company, to serve at the expense of the company, as police officers, who shall have the powers and authority of peace officers listed in Section 830.33 of the Penal Code, after being duly sworn. The company designating these persons shall be responsible civilly for any abuse of their authority. (Amended by Stats. 1990, Ch. 82, Sec. 16. Effective May 3, 1990.)
  144. 8227.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Railroad and Steamboat Police [8226 - 8227] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Peace officers designated under Section 8226 must wear a shield in plain view when in uniform and carry it on their person, presenting it on request, when on duty but not in uniform.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Railroad and Steamboat Police [8226 - 8227] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 8227. Every peace officer designated under Section 8226 shall, when in uniform, wear in plain view a shield bearing the words “railroad police,” and the name of the company for which he or she is commissioned. When on duty, but not in uniform, the peace officer shall carry the shield upon his or her person and present it upon request. (Amended by Stats. 1990, Ch. 82, Sec. 17. Effective May 3, 1990.)
  145. 823.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Public utilities generally need commission consent before using securities or their proceeds outside authorized purposes, issuing certain notes over a 12-month term, or refunding short-term notes with other securities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 823. (a) No public utility shall, without the consent of the commission, apply any part of the issue of any stock or stock certificate or other evidence of interest or ownership, or bond, note, or other evidence of indebtedness, or any proceeds thereof, to any purpose not specified in the commission’s order, or to any purpose specified in the order in excess of the amount authorized for such purpose, or issue or dispose thereof on any terms less favorable than those specified in the order, or a modification thereof. (b) A public utility may issue notes, for proper purposes and not in violation of any provision of law, payable at periods of not more than 12 months after the date of issuance of the notes without the consent of the commission. (c) Notwithstanding the provisions of subdivision (b), no public utility as defined in Section 201(e) of the Federal Power Act (49 Stat. 847, 16 U.S.C. 824) shall, without the consent of the commission, issue notes payable at periods of not more than 12 months after the date of issuance of the notes if such notes and all other notes payable at periods of not more than 12 months after the date of issuance of such notes on which such public utility is primarily or secondarily liable would exceed in aggregate amount 5 percent of the par value of the other securities then outstanding. In the case of securities having no par value, the par value for the purposes of this subsection shall be the fair market value as of the date of issue. (d) No note payable at a period of not more than 12 months after the date of issuance of such note shall, in whole or in part, be refunded by any issue of stocks or stock certificates or other evidence of interest or ownership, or of bonds, notes of any term or character, or any other evidence of indebtedness, without the consent of the commission. (Amended by Stats. 1969, Ch. 700.)
  146. 824.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may require public utilities to account for how they use the proceeds from sales of stocks, bonds, notes, and similar securities, and may set reasonable rules for that purpose.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 824. The commission may require public utilities to account for the disposition of the proceeds of all sales of stocks and stock certificates or other evidence of interest or ownership, and bonds, notes, and other evidences of indebtedness, in such form and detail as it deems advisable, and may establish such rules as it deems reasonable and necessary to insure the disposition of such proceeds for the purposes specified in its order. (Enacted by Stats. 1951, Ch. 764.)
  147. 825.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Stock and related securities of a public utility issued without an effective commission authorization order are void.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 825. All stock and every stock certificate or other evidence of interest or ownership, and every bond, note, or other evidence of indebtedness, of a public utility, issued without an order of the commission authorizing the issue thereof then in effect or not conforming in its provisions to any of the provisions which it is required by the order of authorization to contain, is void. No failure in any other respect to comply with the terms or conditions of the order of authorization of the commission shall render void any stock or stock certificate or other evidence of interest or ownership, or any bond, note, or other evidence of indebtedness, except as to a corporation or person taking it otherwise than in good faith and for value and without actual notice. (Enacted by Stats. 1951, Ch. 764.)
  148. 8251.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Use of “Spotter” Reports [8251 - 8252] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A public service corporation that uses a “spotter” cannot discipline or fire an employee based on the spotter’s report about integrity, honesty, or rule breaches unless the employee requests and receives notice and a hearing.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Use of “Spotter” Reports [8251 - 8252] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8251. It is unlawful for any public service corporation, or agent, superintendent, or manager thereof, employing any special agent, detective, or person commonly known as a “spotter,” for the purpose of investigating, obtaining, and reporting to the employer information concerning its employees, to discipline or discharge any employee, where such act of discipline or the discharge is based upon a report by such special agent, detective, or spotter, which report involves a question of integrity, honesty, or a breach of rules of the employer, unless such employer, its agent, superintendent, or manager, gives notice and accords a hearing to the employee thus accused, when requested by the employee. At such hearing the employer shall state specific charges on which act of discipline or discharge is based, and the accused employee shall have the right to furnish testimony in his defense. (Enacted by Stats. 1951, Ch. 764.)
  149. 8252.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Use of “Spotter” Reports [8251 - 8252] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Violating this article is a misdemeanor punishable by a fine, jail time, or both.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Use of “Spotter” Reports [8251 - 8252] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 8252. Each violation of this article by any person, firm, association, or corporation is a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars ($100) and not more than six hundred dollars ($600), or by imprisonment in the county jail for a period of not more than one (1) year, or by both such fine and imprisonment. In case of a public service corporation committing any violation of this article, the imprisonment when imposed shall be imposed upon the officers or agents thereof committing such offense. (Amended by Stats. 1983, Ch. 1092, Sec. 362. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  150. 826.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A public utility that issues securities contrary to the commission’s order, this part, or the state Constitution, or uses sale proceeds for unauthorized or excessive purposes, can be fined $500 to $20,000 for each offense.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 826. Every public utility which, directly or indirectly issues or causes to be issued, any stock or stock certificate or other evidence of interest or ownership, or bond, note, or other evidence of indebtedness, in nonconformity with the order of the commission authorizing the issue, or contrary to the provisions of this part, or of the Constitution of this State, or which applies any part of the proceeds from the sale thereof, to any purpose other than the purpose or purposes specified in the commission’s order or in an amount in excess of the amount authorized for a specified purpose in the order, is subject to a penalty of not less than five hundred dollars ($500), nor more than twenty thousand dollars ($20,000) for each offense. (Enacted by Stats. 1951, Ch. 764.)
  151. 827.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    This section makes it a felony for covered persons or anyone else to knowingly misuse utility securities, make or file false statements to the commission, apply sale proceeds contrary to the commission’s order, or negotiate securities issued in violation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 827. Every officer, agent, or employee of a public utility, and every other person is guilty of a felony who does any of the following acts: (a) Knowingly authorizes, directs, aids in, issues, or executes, or causes to be issued or executed, any stock or stock certificate or other evidence of interest or ownership, or bond, note, or other evidence of indebtedness, in nonconformity with the order of the commission authorizing the issue, or contrary to the provisions of this part or of the Constitution of this State. (b) Knowingly makes any false statement or representation in any proceeding before the commission or with knowledge of its falsity files or causes to be filed with the commission any false statement or representation which tends in any way to influence the commission to make an order authorizing the issue of any stock or stock certificate or other evidence of interest or ownership, or any bond, note, or other evidence of indebtedness, or which results in procuring from the commission the making of any such order. (c) With knowledge that any false statement or representation was made to the commission, in any proceeding, tending in any way to influence the commission to make such order, issues or executes or negotiates, or causes to be issued, executed, or negotiated any such stock or stock certificate or other evidence of interest or ownership, or bond, note, or other evidence of indebtedness. (d) Directly or indirectly, knowingly applies, or causes or assists to be applied any part of the proceeds from the sale of any stock or stock certificate or other evidence of interest or ownership, or bond, note, or other evidence of indebtedness, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose. (e) With knowledge that any stock or stock certificate or other evidence of interest or ownership, or bond, note, or other evidence of indebtedness, has been issued or executed in violation of any of the provisions of this part, negotiates, or causes the same to be negotiated. (Enacted by Stats. 1951, Ch. 764.)
  152. 8276.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. )

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    The commission must prohibit certain public utilities from putting Libya-related retirement fund investment losses into their plant operating budgets.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. ) ## 8276. The commission shall prohibit any public utility that has any retirement funds invested in the government of Libya, or in any corporation based in that country, from including in its plant operating budget any losses incurred as a result of those investments. (Amended by Stats. 1994, Ch. 31, Sec. 6. Effective March 30, 1994.)
  153. 8277.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. )

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    The commission may require every public utility to give it a list of retirement fund investments in Libya or in corporations based in Libya.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. ) ## 8277. The commission shall require every public utility to provide the commission with a list of its retirement fund investments in the government of Libya, or in any corporation based in that country. (Amended by Stats. 1994, Ch. 31, Sec. 7. Effective March 30, 1994.)
  154. 8278.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. )

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    The commission must verify the accuracy of information provided under Section 8277 and must disallow losses from certain Libya-related investments when setting public utility rates.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. ) ## 8278. The commission shall verify the accuracy of the information provided pursuant to Section 8277, and shall disallow any losses incurred as a result of investments in the government of Libya, or in any corporation based in that country, in establishing rates for the public utility. (Amended by Stats. 1994, Ch. 31, Sec. 8. Effective March 30, 1994.)
  155. 8279.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. )

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    The commission may apply this article to public utility retirement fund investments in other countries if comparable conditions justify 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Retirement Fund Investment Losses [8276 - 8279] ( Article 4 added by Stats. 1986, Ch. 1255, Sec. 1. ) ## 8279. This article does not prevent the commission from applying this article to public utility retirement fund investments in other countries such as, but not limited to, Libya, if comparable conditions warrant that application. (Amended by Stats. 1994, Ch. 31, Sec. 9. Effective March 30, 1994.)
  156. 828.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    This section says the State is not required to pay or guarantee certain securities or debt issued under this part.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 828. No provision of this part, and no act done or performed under or in connection therewith, shall obligate the State to pay or guarantee, in any manner whatsoever, any stock or stock certificate or other evidence of interest or ownership, or bond, note, or other evidence of indebtedness, authorized, issued, or executed under the provisions of this part. (Enacted by Stats. 1951, Ch. 764.)
  157. 8281.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. )

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    This section states California’s policy to support women, minority, disabled veteran, and LGBT business enterprises in regulated public utility procurement.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. ) ## 8281. (a) The Legislature hereby finds and declares that the essence of the American economic system of private enterprise is free, open, and transparent competition. Only through free, open, and transparent competition can free markets, reasonable and just prices, and creative and innovative opportunities for growth of personal initiative and individual judgment be ensured. The preservation and expansion of that competition are basic to the economic well-being of this state and that well-being cannot be realized unless the actual and potential capacity of women, minority, disabled veteran, and LGBT business enterprises is encouraged and developed. Therefore, it is the declared policy of the state to aid the interests of women, minority, disabled veteran, and LGBT business enterprises in order to preserve reasonable and just prices and a free competitive enterprise, to ensure that a fair proportion of the total purchases and contracts or subcontracts for commodities, supplies, technology, property, and services for regulated public utilities, including, but not limited to, renewable energy, wireless telecommunications, broadband, smart grid, and rail projects, are awarded to women, minority, disabled veteran, and LGBT business enterprises, and to maintain and strengthen the overall economy of the state. (b) (1) The Legislature finds all of the following: (A) The opportunity for full participation in our free enterprise system by women, minority, disabled veteran, and LGBT business enterprises is essential if this state is to attain social and economic equality for those businesses and improve the functioning of the state economy. By providing more transparency on who is performing the work in the state, the state will see a broader and deeper economic impact. (B) Public agencies and some regulated utilities that have established short- and long-range women, minority, disabled veteran, and LGBT business enterprise goals are awarding 30 percent or more of their contracts to these business enterprises. (C) Women, minority, disabled veteran, and LGBT business enterprises have traditionally received less than a proportionate share of regulated public utility procurement contracts, especially in renewable energy, wireless telecommunications, broadband, smart grid, and rail projects. (D) It is in the state’s interest to expeditiously improve the economically disadvantaged position of women, minority, disabled veteran, and LGBT business enterprises. It is also in the state’s interest to see the number of women, minority, disabled veteran, and LGBT business enterprises increase by unbundling the work with prime contractors and enabling subcontractors of the prime contractor to report their subcontracted spending with women, minority, disabled veteran, and LGBT business enterprises to further enhance the opportunities for women, minority, disabled veteran, and LGBT business enterprises. (E) The position of these businesses can be substantially improved by providing long-range substantial goals for procurement by regulated public utilities of technology, equipment, supplies, services, materials, and construction work, especially in renewable energy, wireless telecommunications, broadband, smart grid, and rail projects, from women, minority, disabled veteran, and LGBT businesses. (F) That procurement also benefits the regulated public utilities and consumers of the state by encouraging the expansion of the number of suppliers for procurements, thereby encouraging competition among the suppliers and promoting economic efficiency in the process. (G) That the long-term economic viability of this state depends substantially on the ability of renewable energy, wireless telecommunications, broadband, smart grid, and rail projects to incorporate women, minority, disabled veteran, and LGBT businesses into those projects. (H) Employment within the state benefits local communities on many different levels, including, but not limited to, the state receiving more revenue from employee taxes, more consumable expenditures, and more wealth within the state. Monitoring employment beyond women, minority, disabled veteran, and LGBT entrepreneurs expands the economic reach to all suppliers and utilities operating in the state. (2) It is the purpose of this article to do all of the following: (A) Encourage greater economic opportunity for women, minority, disabled veteran, and LGBT business enterprises. (B) Promote competition among regulated public utility suppliers in order to enhance economic efficiency in the procurement of electrical, gas, water, wireless telecommunications service provider, and telephone corporation contracts and contracts of their commission-regulated subsidiaries and affiliates. (C) Clarify and expand the program for the procurement by regulated public utilities of technology, equipment, supplies, services, materials, and construction work from women, minority, disabled veteran, and LGBT business enterprises. (Amended by Stats. 2024, Ch. 784, Sec. 3. (SB 1177) Effective January 1, 2025.)
  158. 8282.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. )

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    This section defines terms used for women-, minority-, disabled veteran-, LGBT business enterprises, renewable energy projects, and “control”/“operate.” It also says the contracting utility must presume certain listed groups are included within “minority.”

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. ) ## 8282. For the purposes of this article, the following definitions apply: (a) “Control” means exercising the power to make policy decisions. (b) “Disabled veteran business enterprise” has the same meaning as defined in Section 999 of the Military and Veterans Code. (c) “LGBT business enterprise” means a business enterprise that is at least 51-percent owned by a lesbian, gay, bisexual, or transgender person or persons; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more lesbian, gay, bisexual, or transgender persons; and whose management and daily business operations are controlled by one or more of those individuals. (d) “Minority business enterprise” means a business enterprise that is at least 51-percent owned by a minority group or groups; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority groups, and whose management and daily business operations are controlled by one or more of those individuals. The contracting utility shall presume that minority includes African Americans, Hispanic Americans, Native Americans, and Asian Pacific Americans. (e) To “operate” means to be actively involved in the day-to-day management. It is not enough to merely be an officer or director. (f) “Renewable energy project” means a project for the development and operation of an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1). (g) “Women business enterprise” means a business enterprise that is at least 51-percent owned by a woman or women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more of those individuals. (Amended by Stats. 2016, Ch. 86, Sec. 271. (SB 1171) Effective January 1, 2017.)
  159. 8283.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. )

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    The commission must require certain utility corporations and providers above revenue thresholds to submit annual procurement plans or simplified data, and it must set guidelines and receive annual reports.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. ) ## 8283. (a) The commission shall require each electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000), and their commission-regulated subsidiaries and affiliates, to submit annually a detailed and verifiable plan for increasing procurement from women, minority, disabled veteran, and LGBT business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, wireless telecommunications, broadband, smart grid, vegetation management, and rail projects. (b) These annual plans shall include short- and long-term goals and timetables, but not quotas, and shall include methods for encouraging both prime contractors and grantees to engage women, minority, disabled veteran, and LGBT business enterprises in subcontracts in all categories that provide subcontracting opportunities, including, but not limited to, renewable energy, energy storage system, wireless telecommunications, broadband, smart grid, vegetation management, and rail projects. (c) The commission shall establish guidelines for all electrical corporations, gas corporations, water corporations, wireless telecommunications service providers, electric service providers, and telephone corporations with gross annual California revenues exceeding twenty-five million dollars ($25,000,000), and their commission-regulated subsidiaries and affiliates, to be used in establishing programs pursuant to this article. (d) Every electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000) shall furnish an annual report to the commission regarding the implementation of programs established pursuant to this article in a form that the commission shall require, and at the time that the commission shall annually designate. (e) (1) The Legislature declares that each electrical corporation, gas corporation, water corporation, mobile telephony service provider, electric service provider, and telephone corporation that is not required to submit a plan pursuant to subdivision (a) is encouraged to voluntarily adopt a plan for increasing women, minority, disabled veteran, and LGBT business enterprise procurement in all categories. (2) The Legislature declares that each cable television corporation, direct broadcast satellite provider, exempt wholesale generator contracting to sell electricity to a retail seller, distributed energy resource contractor, and energy storage system company is encouraged to voluntarily adopt a plan for increasing women, minority, disabled veteran, and LGBT business enterprise procurement and to voluntarily report activity in this area to the Legislature on an annual basis. (f) The commission shall require each electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding fifteen million dollars ($15,000,000), but not more than twenty-five million dollars ($25,000,000), to annually submit data in a simplified form to the commission on its procurement from women, minority, disabled veteran, and LGBT business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, wireless telecommunications, broadband, smart grid, vegetation management, and rail projects. (g) (1) As part of each annual report or data submission required pursuant to subdivision (d) or (f), the electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, or telephone corporation shall provide all of the following information in the aggregate: (A) The number of new contractors and subcontractors certified pursuant to General Order 156 with which it contracted. (B) The total dollar amounts expended with in-state contractors certified under General Order 156. (C) The total dollar amounts expended with in-state subcontractors certified under General Order 156. (D) The percentage of the total workforce used by contractors and subcontractors that reside in California. (E) Data regarding the diversity of contractor or subcontractor workforces, to the extent that the data is provided voluntarily by the employees of the contractor or subcontractor. (2) An electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, or telephone corporation may use data provided to the commission pursuant to subdivision (b) of Section 8284 to satisfy the requirements of paragraph (1). (h) For purposes of this section, the following terms have the following meanings: (1) “Distributed energy resource contractor” means any corporation or other business entity that employs anyone licensed by the Contractors State License Board to perform installations of distributed energy resources, as defined in Section 8370. (2) “Energy storage system company” means any person or corporation operating a centralized or distributed energy storage system, as defined in Section 2835, that furnishes electricity to an electrical corporation, local publicly owned electric utility, community choice aggregator, or electric service provider within California, or that supplies electricity to a retail end-use customer of an electrical corporation, local publicly owned electric utility, community choice aggregator, or electric service provider within California. (3) “Other business entity” has the same meaning as defined in Section 174.5 of the Corporations Code. (Amended by Stats. 2024, Ch. 784, Sec. 4. (SB 1177) Effective January 1, 2025.)
  160. 8284.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. )

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    The commission must set eligibility rules for certain business enterprises, add verification questions, and require large utility corporations and related affiliates to run an outreach program.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. ) ## 8284. (a) (1) The commission shall, by rule or order, adopt criteria for verifying and determining the eligibility of women, minority, and LGBT business enterprises for procurement contracts. (2) The commission shall adopt the Department of General Services’ disabled veteran business enterprise certification eligibility requirements for verifying and determining the eligibility of disabled veteran business enterprises for procurement contracts, and shall not deem eligible those disabled veteran business enterprises that are not certified by the Department of General Services. (3) In initially adopting criteria for verifying and determining the eligibility of LGBT business enterprises for procurement contracts pursuant to paragraph (1), the commission shall adopt the LGBT status qualifiers created by the National Gay and Lesbian Chamber of Commerce. The commission may update these LGBT status qualifiers as appropriate. (b) The commission shall add all of the following questions to the verification form described in General Order 156: (1) Questions about the location of the business enterprise’s headquarters. (2) Questions about the business enterprise’s operating locations in California. (3) Questions about the percentage of the business enterprise’s employees that reside in California. (c) The commission shall develop, and require every electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000) and their commission-regulated subsidiaries and affiliates to implement, an outreach program to inform and recruit women, minority, disabled veteran, and LGBT business enterprises to apply for procurement contracts under this article. (Amended by Stats. 2024, Ch. 784, Sec. 5. (SB 1177) Effective January 1, 2025.)
  161. 8285.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. )

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    A person or corporation that falsely represents a business as a women, minority, LGBT, or disabled veteran business enterprise when seeking certain utility contracts can be punished.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. ) ## 8285. (a) Any person or corporation, through its directors, officers, or agents, that falsely represents a business as a women, minority, or LGBT business enterprise in the procurement of, or the attempt to procure, contracts from an electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, or telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000), or a commission-regulated subsidiary or affiliate subject to this article, or from an electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding fifteen million dollars ($15,000,000), but not more than twenty-five million dollars ($25,000,000), shall be punished by a fine of not more than five thousand dollars ($5,000), by imprisonment in a county jail for not more than one year or in the state prison, or by both that fine and imprisonment. In the case of a corporation, the fine or imprisonment, or both, shall be imposed on every director, officer, or agent responsible for the false statements. (b) Any person or corporation, through its directors, officers, or agents, that falsely represents a business as a disabled veteran business enterprise in the procurement of, or the attempt to procure, contracts from an electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, or telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000), or a commission-regulated subsidiary or affiliate subject to this article, or from an electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding fifteen million dollars ($15,000,000), but not more than twenty-five million dollars ($25,000,000), shall be punished according to the penalties established pursuant to subdivision (b) of Section 999.9 of the Military and Veterans Code. In the case of a corporation, the fine or imprisonment, or both, shall be imposed on every director, officer, or agent responsible for the false statements. (Amended by Stats. 2022, Ch. 703, Sec. 7. (SB 599) Effective January 1, 2023.)
  162. 8286.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. )

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    A corporation subject to this article may consider measures that help women, minority, disabled veteran, and LGBT business enterprises and small businesses participate in contracting.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Women, Minority, Disabled Veteran, and LGBT Business Enterprises [8281 - 8286] ( Heading of Article 5 amended by Stats. 2014, Ch. 633, Sec. 1. ) ## 8286. (a) In order to facilitate the participation of women, minority, disabled veteran, and LGBT business enterprises and small businesses in contract procurement, any corporation subject to this article may consider the following measures to include those businesses in all phases of their contracting: (1) Timely or progressive payments to those businesses. (2) An amendment of the performance bond requirements so that bond requirements of electrical, gas, and telephone corporations do not prohibitively burden those businesses from procuring the corporation’s business. (3) The provision of assistance to those businesses by securing contract payments to those businesses with letters of credit, negotiable securities, or other financing arrangements or measures. (b) This section does not restrict a corporation’s ability to require a bond. (Amended by Stats. 2022, Ch. 703, Sec. 8. (SB 599) Effective January 1, 2023.)
  163. 829.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    This section limits when Article 5 applies and lets the commission exempt public utilities from 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 829. (a) This article shall not apply to any person or corporation which transacts no business subject to regulation under this part, except performing services or delivering commodities for or to public utilities or municipal or other public corporations primarily for resale or use in serving the public or any portion thereof. This article shall apply to any public utility if the commission finds, in a proceeding to which the public utility is or may become a party, that the application of this article is required by the public interest. (b) (1) Except for Section 828, a telephone corporation that is not regulated under a rate-of-return regulatory structure is exempt from this article. This subdivision does not exempt a telephone corporation that is also an electrical corporation or a gas corporation, unless the commission determines the telephone corporation is exempt pursuant to subdivision (c). As used in this subdivision, a “rate-of-return regulatory structure” means a system under which the rates and charges of the telephone corporation are limited by a maximum permissible price that may be charged for a specific service. Telephone corporations regulated by a framework under which they may exercise pricing flexibility for all or most of the services offered are not regulated under a rate-of-return regulatory structure. (2) Notwithstanding paragraph (1), the commission may impose any requirement of this article on a telephone corporation if the commission finds, in a proceeding in which the telephone corporation is or may become a party, that the application of any provision of this article is required by the public interest. (c) The commission may from time to time by order or rule, and subject to such terms and conditions as may be prescribed therein, exempt any public utility or class of public utility from this article if it finds that the application thereof to such public utility or class of public utility is not necessary in the public interest. (Amended by Stats. 2007, Ch. 239, Sec. 1. Effective January 1, 2008.)
  164. 8290.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Diversity, Equity, and Inclusion Employment Report [8290 - 8290.2] ( Article 6 added by Stats. 2024, Ch. 784, Sec. 6. )

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    This section states the policy and purpose behind diversity, equity, and inclusion employment planning for utilities and related reporting.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Diversity, Equity, and Inclusion Employment Report [8290 - 8290.2] ( Article 6 added by Stats. 2024, Ch. 784, Sec. 6. ) ## 8290. (a) In addition to Section 8281, the Legislature finds and declares both of the following: (1) Public agencies and some regulated utilities should establish short- and long-term plans to advance diversity and equity, and include doing so in their employment practices. (2) Encouraging utility work to be performed locally and with a reasonably proportionate number of employees from women, minority, disabled veteran, and LGBT communities, the state is better serving and financially impacting the communities they serve. (b) It is the declared policy of the state to aid the interests of women, minority, disabled veteran, and LGBT individuals by providing access to local jobs for women, minorities, disabled veterans, and LGBT individuals through strong diversity, equity, and inclusion plans. (c) The purpose of this article is to promote and enhance diversity, equity, and inclusion employment plans for utilities in the state by including reporting entities’ workforce information in the commission’s analysis of the Supplier Diversity Program’s success. (Added by Stats. 2024, Ch. 784, Sec. 6. (SB 1177) Effective January 1, 2025.)
  165. 8290.2.

    ## 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Diversity, Equity, and Inclusion Employment Report [8290 - 8290.2] ( Article 6 added by Stats. 2024, Ch. 784, Sec. 6. )

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    Certain large utility-related entities must file annual workforce-diversity and DEI reports with 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 7. Miscellaneous Regulations [8201 - 8290.2] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Diversity, Equity, and Inclusion Employment Report [8290 - 8290.2] ( Article 6 added by Stats. 2024, Ch. 784, Sec. 6. ) ## 8290.2. (a) (1) The commission shall require each electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000), and their commission-regulated subsidiaries and affiliates, to annually submit to the commission a report describing the employment of women, minority, disabled veteran, and LGBT individuals at all levels of employment within their organization and describing the diversity, equity, and inclusion policies or activities that promote equitable recruitment and hiring. (2) The commission shall direct each community choice aggregator with gross annual revenues exceeding fifteen million dollars ($15,000,000), as described in subdivision (m) of Section 366.2, to annually submit to the commission a report describing the employment of women, minority, disabled veteran, and LGBT individuals at all levels of employment within its organization and describing the diversity, equity, and inclusion policies or activities that promote equitable recruitment and hiring. (b) Every entity specified in subdivision (a) shall furnish an annual report to the commission regarding the implementation of the programs established pursuant to this article in a form that the commission requires and at the time that the commission annually designates. (c) (1) The Legislature declares that each community choice aggregator, electrical corporation, gas corporation, water corporation, mobile telephony service provider, electric service provider, and telephone corporation that is not required to submit a report pursuant to subdivision (a) is encouraged to voluntarily adopt a plan for increasing women, minority, disabled veteran, and LGBT employment at all levels of employment in those entities. (2) The Legislature declares that each cable television corporation, direct broadcast satellite provider, exempt wholesale generator contracting to sell electricity to a retail seller, distributed energy resource contractor, and energy storage system company is encouraged to voluntarily adopt a plan for increasing women, minority, disabled veteran, and LGBT employment at all levels of employment in those entities. (Added by Stats. 2024, Ch. 784, Sec. 6. (SB 1177) Effective January 1, 2025.)
  166. 830.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A public utility may not take on certain guaranty-like obligations for another party’s securities with a maturity over 12 months unless it first gets an authorizing commission order.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Stocks and Security Transactions [816 - 830] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 830. No public utility shall assume any obligation or liability as guarantor, endorser, surety, or otherwise in respect of the securities of any other person, firm, or corporation, when such securities are payable at periods of more than 12 months after the date thereof, without having first secured from the commission an order authorizing it so to do. Every such assumption made other than in accordance with the order of the commission authorizing it is void. (Enacted by Stats. 1951, Ch. 764.)
  167. 8301.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 1. Nuclear Powerplant Communities Information [8301 - 8302] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1560, Sec. 3. )

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    This chapter may be cited as the Nuclear Powerplant Communities Information Act of 1985.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 1. Nuclear Powerplant Communities Information [8301 - 8302] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1560, Sec. 3. ) ## 8301. This chapter shall be known and may be cited as the Nuclear Powerplant Communities Information Act of 1985. (Amended by Stats. 1988, Ch. 1560, Sec. 4.)
  168. 8302.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 1. Nuclear Powerplant Communities Information [8301 - 8302] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1560, Sec. 3. )

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    Certain nuclear-powerplant utilities must periodically provide public safety and plant information, and send the Effluent Monitoring Report to the county health officer.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 1. Nuclear Powerplant Communities Information [8301 - 8302] ( Heading of Chapter 1 added by Stats. 1988, Ch. 1560, Sec. 3. ) ## 8302. Every privately owned and publicly owned public utility generating electricity by means of any nuclear powerplant and every privately owned and publicly owned public utility with a nuclear powerplant that is no longer producing electricity but is in the decommissioning process or is still radioactive shall do both of the following: (a) Provide periodically, as required by the United States Nuclear Regulatory Commission, but at least every two years, by mail or by hand delivery, with that information as may be required by the commission to be disseminated to the public, either to all residents within a 10-mile radius of the powerplant or to those persons designated by the commission, whichever is the greater number of persons, a general description of the powerplant, emergency evacuation information, and substantive revisions thereof, and the titles, addresses, and telephone numbers of the federal, state, and local public officials who may be contacted for more detailed information concerning powerplant status and discharges. (b) Provide, at least twice each year, a copy of the public utility’s “Effluent Monitoring Report” to the county health officer in the county where the nuclear powerplant is located. (Added by Stats. 1985, Ch. 1029, Sec. 1.)
  169. 8310.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 1.5. Worksite Automated External Defibrillators [8310- 8310.] ( Chapter 1.5 added by Stats. 2025, Ch. 361, Sec. 2. )

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    Utilities and their contractors must keep an AED at qualifying electrical worksites, adopt AED response/training procedures, and follow related safety and health code requirements.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 1.5. Worksite Automated External Defibrillators [8310- 8310.] ( Chapter 1.5 added by Stats. 2025, Ch. 361, Sec. 2. ) ## 8310. (a) Each utility, and independent contractor or subcontractor of a utility, shall do both of the following: (1) Have an automated external defibrillator (AED) available for emergency use at each worksite where two or more electrical utility workers are performing work on electrical transmission or distribution lines of 601 volts or more. (2) Adopt, consistent with its duty to furnish and use safety devices and safeguards as required by Section 6401 of the Labor Code and as part of its injury prevention program that conforms to the requirements of Section 6401.7 of the Labor Code, a written program of policies and procedures to ensure both of the following: (A) Any person who renders emergency care or treatment to a person in cardiac arrest by using an AED shall activate the emergency medical services system as soon as possible and report the use of the AED to the local EMS agency. (B) All employees, contractors, and subcontractors shall be trained on the use of an AED and the procedures to be followed in the event of an emergency, including, but not limited to, the requirement to activate the emergency medical services system as soon as possible and report the use of the AED to the local EMS agency. (b) Each utility, and independent contractor or subcontractor of a utility, shall comply with the requirements of Section 1797.196 of the Health and Safety Code. (c) A person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED is not liable for civil damages resulting from any acts or omissions of the person rendering the emergency care as provided in subdivision (b) of Section 1714.21 of the Civil Code. (d) A utility or an independent contractor or subcontractor of a utility that acquires an AED for emergency use, makes reasonable efforts to comply with the requirements of subdivision (a), and complies with subdivision (b), is not liable for any civil damages resulting from the emergency use of the AED as provided in subdivision (d) of Section 1714.21 of the Civil Code. (e) A person who renders emergency treatment by means of an AED and is not compensated for doing so, but receives compensation for other actions as a result of their unrelated employment, does not render emergency medical care “for compensation.” (f) Subdivisions (c) and (d) do not apply in cases described in subdivision (e) of Section 1714.21 of the Civil Code. (g) For purposes of this section, all of the following definitions apply: (1) “Electrical cooperative” has the same meaning as defined in Section 2776. (2) “Electrical corporation” has the same meaning as defined in Section 218. (3) “Local EMS agency” means an agency described in Section 1797.200 of the Health and Safety Code. (4) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3. (5) “Utility” means an electrical corporation, electrical cooperative, or local publicly owned electric utility. (Added by Stats. 2025, Ch. 361, Sec. 2. (AB 365) Effective January 1, 2026.)
  170. 8321.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    This section gives Chapter 2 the short name “the Nuclear Facility Decommissioning Act of 1985.”

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8321. This chapter shall be known and may be cited as the Nuclear Facility Decommissioning Act of 1985. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  171. 8322.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    This section states California’s policy goals for nuclear facility decommissioning, including public protection, fair cost allocation, and job protection for affected utility employees.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8322. The Legislature hereby finds and declares all of the following: (a) The citizens of California should be protected from exposure to radiation from nuclear facilities. (b) It is in the best interests of all citizens of California that the costs of electricity generated by nuclear facilities be fairly distributed among present and future California electric customers so that customers are charged only for costs that are reasonably and prudently incurred. (c) The costs of electricity generated by nuclear facilities, including the costs of their decontamination and decommissioning, should be reduced to the lowest level consistent with public health and safety. (d) The ultimate costs of the decommissioning of nuclear facilities are of significant magnitude, and introduce an element of financial risk to both electric customers and investors unless prudent provision is made for defraying those costs. (e) In order to reduce both risk and ultimate costs for all of its citizens, the State of California should establish a comprehensive framework for timely payment of the costs of decommissioning, and provide for allocation of risks and costs among the respective interests. (f) The principal considerations in establishing a state policy respecting the economic aspects of decommissioning are as follows: (1) Assuring that the funds required for decommissioning are available at the time and in the amount required for protection of the public. (2) Minimizing the cost to electric customers of an acceptable level of assurance. (3) Structuring payments for decommissioning so that electric customers and investors are treated equitably over time so that customers are charged only for costs that are reasonably and prudently incurred. (g) Decommissioning nuclear facilities causes electric utility employees to become unemployed through no fault of their own, and these employees are entitled to reasonable job protection the costs of which are properly includable in the costs of decommissioning. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  172. 8323.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    The commission or board must develop regulations and guidelines for each electric utility that owns or operates a nuclear powerplant.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8323. It is the intent of the Legislature in enacting this chapter to protect electric customers, both present and future, from the risks of unreasonable costs associated with ownership and operation of nuclear powerplants. To that end, the commission or board with respect to each electric utility owning or operating a nuclear powerplant, shall develop regulations and guidelines that promote realism in estimating costs, provide periodic review procedures that create maximum incentives for accurate cost estimations, and provide for decommissioning cost controls. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  173. 8324.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    This section defines key terms used in the chapter on decommissioning nuclear facilities.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8324. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Board” means the board of directors or other governing body of a publicly owned public utility owning or operating a nuclear power plant. (b) “Commission” means the Public Utilities Commission. (c) “Electrical utility” includes both an electrical corporation subject to the jurisdiction and control of the commission and a publicly owned public utility subject to the jurisdiction and control of its board, in either case owning or operating nuclear facilities for the generation of electricity. (d) “Decommissioning” means to remove nuclear facilities safely from service and to reduce residual radioactivity to a level that permits release of the property for unrestricted use and termination of license, or as otherwise defined by the Nuclear Regulatory Commission or its successor. Decommissioning includes other activities and costs, if any, which may be included in Internal Revenue Service regulations implementing Section 468A of the United States Internal Revenue Code. (e) “Nuclear facilities” means the site, building and contents, and equipment associated with any activity licensed by the Nuclear Regulatory Commission, or as may be otherwise defined by the Nuclear Regulatory Commission or its successor. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  174. 8325.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    Electrical corporations that own or operate nuclear facilities must establish an externally managed, segregated fund; they may also set up other funds for decommissioning costs.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8325. (a) Each electrical corporation owning, in whole or in part, or operating nuclear facilities, located in California or elsewhere, shall establish an externally managed, segregated fund for the purposes of this chapter. In addition, each electrical corporation may establish other funds, as appropriate, for payment of decommissioning costs of nuclear facilities. (b) The externally managed, segregated fund established pursuant to subdivision (a) shall be a fund which qualifies for a tax deduction pursuant to Section 468A of the United States Internal Revenue Code, and applicable regulations of the Internal Revenue Service adopted pursuant thereto, if that tax treatment is determined by the commission to be in the best long-term interests of the customers of the electrical utility. (c) The commission shall authorize an electrical corporation to collect sufficient revenues in rates to make the maximum contributions to the fund established pursuant to Section 468A of the United States Internal Revenue Code and applicable regulations, that are deductible for federal and state income tax purposes, and to otherwise recover the revenue requirements associated with reasonable and prudent decommissioning costs of the nuclear facilities for purposes of making contributions into other funds established pursuant to subdivision (a). (d) Notwithstanding any other provision of this section, an electrical utility, which is a publicly owned public utility subject to the jurisdiction and control of its board, shall establish and may manage a separate fund for purposes of this chapter. The board shall provide that the amounts of all payments into this fund are recoverable through the utility’s electric rates. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  175. 8326.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    Electrical utilities that own or operate nuclear facilities must give a decommissioning cost estimate to the commission or the board, and the estimate study must be periodically revised under procedures adopted by those bodies.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8326. (a) Each electrical utility owning, in whole or in part, or operating a nuclear facility, located in California or elsewhere, shall provide a decommissioning cost estimate to the commission or the board for all nuclear facilities which shall include all of the following: (1) An estimate of costs of decommissioning. (2) A description of changes in regulation, technology, and economics affecting the estimate of costs. (3) A description of additions and deletions to nuclear facilities. (4) Upon request of the commission or the board, other information required by the Nuclear Regulatory Commission regarding decommissioning costs. (b) The decommissioning costs estimate study shall be periodically revised in accordance with procedures adopted by the commission or the board pursuant to Section 8327. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  176. 8327.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    The commission or the board must review the electrical utility’s decommissioning cost estimate during each rate or charge proceeding.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8327. The commission or the board shall review, in conjunction with each proceeding of the electrical utility held for the purpose of considering changes in electrical rates or charges, the decommissioning costs estimate for the electrical utility in order to ensure that the estimate takes account of the changes in the technology and regulation of decommissioning, the operating experience of each nuclear facility, and the changes in the general economy. The review shall specifically include all cost estimates, the basis for the cost estimates, and all assumptions about the remaining useful life of the nuclear facilities. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  177. 8328.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    If decommissioning funds are not enough, the commission or board must decide whether extra costs are reasonable and prudently incurred, and may then authorize those costs to be charged to electric utility customers.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8328. The expenses associated with decommissioning of nuclear facilities shall be paid from the funds established pursuant to Section 8325. If the money in the funds is insufficient for payment of all decommissioning costs, the commission or the board shall determine whether the costs incurred in excess of the money in the funds are reasonable in amount and prudently incurred. If the commission or the board determines that the excess costs are reasonable in amount and prudently incurred, the commission or the board shall authorize these costs to be charged to the customers of the electric utility. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  178. 8329.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    The commission or the board must review and approve the estimated service life and estimated retirement date of all nuclear facilities when those figures are used to establish rates or charges.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8329. The commission or the board shall, for purposes of establishing rates or charges, review and approve the estimated service life and estimated retirement date of all nuclear facilities. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  179. 8330.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. )

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    Electrical utilities involved in nuclear facility decommissioning, closure, or removal must help employees who lose their jobs find comparable alternative employment.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 2. Decommissioning of Nuclear Facilities [8321 - 8330] ( Chapter 2 added by Stats. 1988, Ch. 1560, Sec. 5. ) ## 8330. Every electrical utility involved in decommissioning, closure, or removal of nuclear facilities, shall provide assistance in finding comparable alternative employment opportunities for its employees who become unemployed as the result of decommissioning, closure, or removal. The commission or the board shall authorize the electrical utility to collect sufficient revenue through electric rates and charges to recover the cost, if any, of compliance with this section. (Added by Stats. 1988, Ch. 1560, Sec. 5.)
  180. 8340.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 3. Greenhouse Gases Emission Performance Standard for Baseload Electrical Generating Resources [8340 - 8341] ( Chapter 3 added by Stats. 2006, Ch. 598, Sec. 2. )

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    This section defines terms used in the chapter on greenhouse gas emission performance standards for baseload electrical generating resources.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 3. Greenhouse Gases Emission Performance Standard for Baseload Electrical Generating Resources [8340 - 8341] ( Chapter 3 added by Stats. 2006, Ch. 598, Sec. 2. ) ## 8340. For purposes of this chapter, the following terms have the following meanings: (a) “Baseload generation” means electricity generation from a powerplant that is designed and intended to provide electricity at an annualized plant capacity factor of at least 60 percent. (b) “Combined-cycle natural gas” with respect to a powerplant means the powerplant employs a combination of one or more gas turbines and steam turbines in which electricity is produced in the steam turbine from otherwise lost waste heat exiting from one or more of the gas turbines. (c) “Electric service provider” means an “electric service provider” as defined in Section 218.3, but does not include corporations or persons employing cogeneration technology or producing electricity from other than a conventional power source consistent with subdivision (b) of Section 218. (d) “Greenhouse gases” means those gases listed in Section 38505 of the Health and Safety Code. (e) “Load-serving entity” means every electrical corporation, electric service provider, or community choice aggregator serving end-use customers in the state. (f) “Long-term financial commitment” means either a new ownership investment in baseload generation or a new or renewed contract with a term of five or more years, which includes procurement of baseload generation. (g) “Output-based methodology” means a greenhouse gases emission performance standard that is expressed in pounds of greenhouse gases emitted per megawatthour and factoring in the useful thermal energy employed for purposes other than the generation of electricity. (h) “Plant capacity factor” means the ratio of the electricity produced during a given time period, measured in kilowatthours, to the electricity the unit could have produced if it had been operated at its rated capacity during that period, expressed in kilowatthours. (i) “Powerplant” means a facility for the generation of electricity, and includes one or more generating units at the same location. (j) “Zero- or low-carbon generating resource” means an electrical generating resource that will generate electricity while producing emissions of greenhouse gases at a rate substantially below the greenhouse gases emission performance standard, as determined by the commission. (Amended by Stats. 2008, Ch. 558, Sec. 33. Effective January 1, 2009.)
  181. 8341.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 3. Greenhouse Gases Emission Performance Standard for Baseload Electrical Generating Resources [8340 - 8341] ( Chapter 3 added by Stats. 2006, Ch. 598, Sec. 2. )

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    This section requires utility regulators to set and enforce greenhouse gas emissions performance standards for baseload generation tied to long-term financial commitments.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 3. Greenhouse Gases Emission Performance Standard for Baseload Electrical Generating Resources [8340 - 8341] ( Chapter 3 added by Stats. 2006, Ch. 598, Sec. 2. ) ## 8341. (a) No load-serving entity or local publicly owned electric utility may enter into a long-term financial commitment unless any baseload generation supplied under the long-term financial commitment complies with the greenhouse gases emission performance standard established by the commission, pursuant to subdivision (d), for a load-serving entity, or by the Energy Commission, pursuant to subdivision (e), for a local publicly owned electric utility. (b) (1) The commission shall not approve a long-term financial commitment by an electrical corporation unless any baseload generation supplied under the long-term financial commitment complies with the greenhouse gases emission performance standard established by the commission pursuant to subdivision (d). (2) The commission may, in order to enforce this section, review any long-term financial commitment proposed to be entered into by an electric service provider or a community choice aggregator. (3) The commission shall adopt rules to enforce the requirements of this section, for load-serving entities. The commission shall adopt procedures, for all load-serving entities, to verify the emissions of greenhouse gases from any baseload generation supplied under a contract subject to the greenhouse gases emission performance standard to ensure compliance with the standard. (4) In determining whether a long-term financial commitment is for baseload generation, the commission shall consider the design of the powerplant and the intended use of the powerplant, as determined by the commission based upon the electricity purchase contract, any certification received from the Energy Commission, any other permit or certificate necessary for the operation of the powerplant, including a certificate of public convenience and necessity, any procurement approval decision for the load-serving entity, and any other matter the commission determines is relevant under the circumstances. (5) Costs incurred by an electrical corporation to comply with this section, including those costs incurred for electricity purchase agreements that are approved by the commission that comply with the greenhouse gases emission performance standard, are to be treated as procurement costs incurred pursuant to an approved procurement plan and the commission shall ensure timely cost recovery of those costs pursuant to paragraph (3) of subdivision (d) of Section 454.5. (6) A long-term financial commitment entered into through a contract approved by the commission, for electricity generated by a zero- or low-carbon generating resource that is contracted for, on behalf of consumers of this state on a cost-of-service basis, shall be recoverable in rates, in a manner determined by the commission consistent with Section 380. The commission may, after a hearing, approve an increase from one-half to 1 percent in the return on investment by the third party entering into the contract with an electrical corporation with respect to investment in zero- or low-carbon generation resources authorized pursuant to this subdivision. (c) (1) The Energy Commission shall adopt regulations for the enforcement of this chapter with respect to a local publicly owned electric utility. (2) The Energy Commission may, in order to ensure compliance with the greenhouse gases emission performance standard by local publicly owned electric utilities, apply the procedures adopted by the commission to verify the emissions of greenhouse gases from baseload generation pursuant to subdivision (b). (3) In determining whether a long-term financial commitment is for baseload generation, the Energy Commission shall consider the design of the powerplant and the intended use of the powerplant, as determined by the Energy Commission based upon the electricity purchase contract, any certification received from the Energy Commission, any other permit for the operation of the powerplant, any procurement approval decision for the load-serving entity, and any other matter the Energy Commission determines is relevant under the circumstances. (d) (1) On or before February 1, 2007, the commission, through a rulemaking proceeding, and in consultation with the Energy Commission and the State Air Resources Board, shall establish a greenhouse gases emission performance standard for all baseload generation of load-serving entities, at a rate of emissions of greenhouse gases that is no higher than the rate of emissions of greenhouse gases for combined-cycle natural gas baseload generation. Enforcement of the greenhouse gases emission performance standard shall begin immediately upon the establishment of the standard. All combined-cycle natural gas powerplants that are in operation, or that have an Energy Commission final permit decision to operate as of June 30, 2007, shall be deemed to be in compliance with the greenhouse gases emission performance standard. (2) In determining the rate of emissions of greenhouse gases for baseload generation, the commission shall include the net emissions resulting from the production of electricity by the baseload generation. (3) The commission shall establish an output-based methodology to ensure that the calculation of emissions of greenhouse gases for cogeneration recognizes the total usable energy output of the process, and includes all greenhouse gases emitted by the facility in the production of both electrical and thermal energy. (4) In calculating the emissions of greenhouse gases by facilities generating electricity from biomass, biogas, or landfill gas energy, the commission shall consider net emissions from the process of growing, processing, and generating the electricity from the fuel source. (5) Carbon dioxide that is injected in geological formations, so as to prevent releases into the atmosphere, in compliance with applicable laws and regulations shall not be counted as emissions of the powerplant in determining compliance with the greenhouse gases emissions performance standard. (6) In adopting and implementing the greenhouse gases emission performance standard, the commission, in consultation with the Independent System Operator shall consider the effects of the standard on system reliability and overall costs to electricity customers. (7) In developing and implementing the greenhouse gases emission performance standard, the commission shall address long-term purchases of electricity from unspecified sources in a manner consistent with this chapter. (8) In developing and implementing the greenhouse gases emission performance standard, the commission shall consider and act in a manner consistent with any rules adopted pursuant to Section 824a-3 of Title 16 of the United States Code. (9) An electrical corporation that provides electric service to 75,000 or fewer retail end-use customers in California may file with the commission a proposal for alternative compliance with this section, which the commission may accept upon a showing by the electrical corporation of both of the following: (A) A majority of the electrical corporation’s retail end-use customers for electric service are located outside of California. (B) The emissions of greenhouse gases to generate electricity for the retail end-use customers of the electrical corporation are subject to a review by the utility regulatory commission of at least one other state in which the electrical corporation provides regulated retail electric service. (e) (1) On or before June 30, 2007, the Energy Commission, at a duly noticed public hearing and in consultation with the commission and the State Air Resources Board, shall establish a greenhouse gases emission performance standard for all baseload generation of local publicly owned electric utilities at a rate of emissions of greenhouse gases that is no higher than the rate of emissions of greenhouse gases for combined-cycle natural gas baseload generation. The greenhouse gases emission performance standard established by the Energy Commission for local publicly owned electric utilities shall be consistent with the standard adopted by the commission for load-serving entities. Enforcement of the greenhouse gases emission performance standard shall begin immediately upon the establishment of the standard. All combined-cycle natural gas powerplants that are in operation, or that have an Energy Commission final permit decision to operate as of June 30, 2007, shall be deemed to be in compliance with the greenhouse gases emission performance standard. (2) The greenhouse gases emission performance standard shall be adopted by regulation pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (3) In determining the rate of emissions of greenhouse gases for baseload generation, the Energy Commission shall include the net emissions resulting from the production of electricity by the baseload generation. (4) The Energy Commission shall establish an output-based methodology to ensure that the calculation of emissions of greenhouse gases for cogeneration recognizes the total usable energy output of the process, and includes all greenhouse gases emitted by the facility in the production of both electrical and thermal energy. (5) In calculating the emissions of greenhouse gases by facilities generating electricity from biomass, biogas, or landfill gas energy, the Energy Commission shall consider net emissions from the process of growing, processing, and generating the electricity from the fuel source. (6) Carbon dioxide that is captured from the emissions of a powerplant and that is permanently disposed of in geological formations in compliance with applicable laws and regulations, shall not be counted as emissions from the powerplant. (7) In adopting and implementing the greenhouse gases emission performance standard, the Energy Commission, in consultation with the Independent System Operator, shall consider the effects of the standard on system reliability and overall costs to electricity customers. (8) In developing and implementing the greenhouse gases emission performance standard, the Energy Commission shall address long-term purchases of electricity from unspecified sources in a manner consistent with this chapter. (9) In developing and implementing the greenhouse gases emission performance standard, the Energy Commission shall consider and act in a manner consistent with any rules adopted pursuant to Section 824a-3 of Title 16 of the United States Code. (f) The Energy Commission, in a duly noticed public hearing and in consultation with the commission and the State Air Resources Board, shall reevaluate and continue, modify, or replace the greenhouse gases emission performance standard when an enforceable greenhouse gases emissions limit is established and in operation, that is applicable to local publicly owned electric utilities. (g) The commission, through a rulemaking proceeding and in consultation with the Energy Commission and the State Air Resources Board, shall reevaluate and continue, modify, or replace the greenhouse gases emission performance standard when an enforceable greenhouse gases emissions limit is established and in operation, that is applicable to load-serving entities. (Amended by Stats. 2007, Ch. 130, Sec. 223. Effective January 1, 2008.)
  182. 8350.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 3.5. Air Pollution Performance Standard for New Generation [8350- 8350.] ( Chapter 3.5 added by Stats. 2010, Ch. 422, Sec. 1. )

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    Utility entities and the commission may not back certain new power facilities unless the facilities meet listed air-pollution requirements.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 3.5. Air Pollution Performance Standard for New Generation [8350- 8350.] ( Chapter 3.5 added by Stats. 2010, Ch. 422, Sec. 1. ) ## 8350. (a) For purposes of this section, the following terms have the following meanings: (1) “Load-serving entity” has the same meaning as that term is defined in Section 8340. (2) “Long-term financial commitment” has the same meaning as that term is defined in Section 8340. (3) “New electrical generating facility” means an electrical generating unit for which all legally required permits have been received after January 1, 2011. If an electrical generating unit is added to an existing powerplant after January 1, 2011, only the incremental capacity from that unit added after January 1, 2011, is a new electrical generating facility. (4) “Shared pollution area” means an airshed encompassing a portion of California and a portion of an adjacent state or country, as determined by the United States Environmental Protection Agency. (b) A load-serving entity or local publicly owned electric utility shall not enter into, and the commission shall not approve for an electrical corporation, a long-term financial commitment with or for a new electrical generating facility constructed in California or in a shared pollution area if that facility does not meet the following requirements: (1) If the new electrical generating facility is in California, the facility meets best available control technology (BACT) standards, to control air pollution emissions from the operation of the facility, and complies with air pollution control district or air quality management district rules and regulations, and state and federal law. (2) If the new electrical generating facility is outside of California in a shared pollution area, the facility meets best available control technology (BACT) standards, to control air pollution emissions from the operation of the facility, that apply in the air basin in California adjacent to the facility. (Added by Stats. 2010, Ch. 422, Sec. 1. (AB 2037) Effective January 1, 2011.)
  183. 8360.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    This section states California’s policy to modernize the electrical transmission and distribution system to support safe, reliable, efficient, and secure electric service and a smart grid.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8360. It is the policy of the state to modernize the state’s electrical transmission and distribution system to maintain safe, reliable, efficient, and secure electrical service, with infrastructure that can meet future growth in demand and achieve all of the following, which together characterize a smart grid: (a) Increased use of cost-effective digital information and control technology to improve reliability, security, and efficiency of the electric grid. (b) Dynamic optimization of grid operations and resources, including appropriate consideration for asset management and utilization of related grid operations and resources, with cost-effective full cyber security. (c) Deployment and integration of cost-effective distributed resources and generation, including renewable resources. (d) Development and incorporation of cost-effective demand response, demand-side resources, and energy-efficient resources. (e) Deployment of cost-effective smart technologies, including real time, automated, interactive technologies that optimize the physical operation of appliances and consumer devices for metering, communications concerning grid operations and status, and distribution automation. (f) Integration of cost-effective smart appliances and consumer devices. (g) Deployment and integration of cost-effective advanced electricity storage and peak-shaving technologies, including plug-in electric and hybrid electric vehicles, and thermal-storage air-conditioning. (h) Provide consumers with timely information and control options. (i) Develop standards for communication and interoperability of appliances and equipment connected to the electric grid, including the infrastructure serving the grid. (j) Identification and lowering of unreasonable or unnecessary barriers to adoption of smart grid technologies, practices, and services. (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  184. 8361.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    For this chapter, “ISO” means the Independent System Operator described in the section.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8361. For purposes of this chapter, “ISO” means the Independent System Operator operating pursuant to Article 3 (commencing with Section 345) of Chapter 2.3 of Part 1 of Division 1. (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  185. 8362.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    The commission must set smart grid deployment plan requirements by July 1, 2010 and adopt rulemaking standards for functionality and interoperability; a plan may also support deployment by entities other than electrical corporations.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8362. (a) By July 1, 2010, the commission, in consultation with the Energy Commission, the ISO, and other key stakeholders shall determine the requirements for a smart grid deployment plan consistent with Section 8360 and federal law, including the provisions of Title XIII (commencing with Section 1301) of the Energy Independence and Security Act of 2007 (Public Law 110-140). The commission shall institute a rulemaking or expand the scope of an existing rulemaking to adopt standards and protocols to ensure functionality and interoperability developed by public and private entities, including, but not limited to, the National Institute of Standards and Technology, Gridwise Architecture Council, the International Electrical and Electronics Engineers, and the National Electric Reliability Organization recognized by the Federal Energy Regulatory Commission. An adopted smart grid deployment plan may provide for deployment of cost-effective smart grid products, technologies, and services by entities other than electrical corporations. The smart grid technologies and services shall improve overall efficiency, reliability, and cost-effectiveness of electrical system operations, planning, and maintenance. (b) This section does not require or authorize the commission to delay action on an application by an electrical corporation that is submitted prior to the commission determining the requirements for a smart grid deployment plan. (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  186. 8363.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    This chapter must be implemented so it does not compromise customer or worker safety, or the integrity or reliability of the electrical transmission and distribution system in this state.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8363. This chapter shall be implemented in a manner that does not compromise customer or worker safety or the integrity or reliability of the electrical transmission and distribution system in this state. (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  187. 8364.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    Each electrical corporation must develop and submit a smart grid deployment plan to the commission by July 1, 2011.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8364. (a) By July 1, 2011, each electrical corporation shall develop and submit a smart grid deployment plan to the commission for approval. (b) This section does not require or authorize the commission to delay action on an application by an electrical corporation that is submitted prior to the commission’s approval of the electrical corporation’s timely filed smart grid deployment plan. (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  188. 8366.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    Smart grid technology may be deployed to maximize benefits and minimize costs to ratepayers, and the commission must evaluate the impact of deployment on listed policy and infrastructure goals.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8366. Smart grid technology may be deployed in a manner to maximize the benefit and minimize the cost to ratepayers and to achieve the benefits of smart grid technology. The commission, in consultation with the Energy Commission, the ISO, and electrical corporations, shall evaluate the impact of deployment on major initiatives and policies including: (a) Implementation of new advanced metering initiatives. (b) Achievement of the renewables portfolio standard program requirements and the need to operate the smart grid of the future with a substantial increased percentage of electricity generated by eligible renewable energy resources. (c) Achievement of state goals for reducing emissions of greenhouse gases as set forth in the California Global Warming Solutions Act of 2006 and other state directives. (d) Achievement of the energy efficiency and demand response goals as required by Sections 454.5 and 454.55 and other state directives. (e) Modernizing the aging utility grid infrastructure. (f) Meeting the future energy growth needs of the state with new and innovative technologies and methods that utilize the existing assets more efficiently, result in a less environmentally adverse net impact on the state, meet stringent costs versus benefit assessments, and provide the ratepayers with new options in meeting their individual energy needs. (g) Implementation of technology to improve worker safety, protection, and productivity. (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  189. 8368.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    The commission may modify or adjust this chapter’s requirements for electrical corporations with fewer than 100,000 service connections.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8368. The commission may modify or adjust the requirements of this chapter for any electrical corporation with fewer than 100,000 service connections, as individual circumstances merit. (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  190. 8369.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. )

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    Local publicly owned electric utilities with more than 100,000 service connections must develop a smart grid deployment plan by July 1, 2011.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4. Smart Grid Systems [8360 - 8369] ( Chapter 4 added by Stats. 2009, Ch. 327, Sec. 1. ) ## 8369. Each local publicly owned electric utility with more than 100,000 service connections, shall, by July 1, 2011, develop a smart grid deployment plan, that is consistent with federal law, including the provisions of Title XIII (commencing with Section 1301) of the Energy Independence and Security Act of 2007 (Public Law 110-140). (Added by Stats. 2009, Ch. 327, Sec. 1. (SB 17) Effective January 1, 2010.)
  191. 8370.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. )

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    This section defines terms used in the microgrids chapter, including customer, distributed energy resource, large electrical corporation, and microgrid.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. ) ## 8370. For purposes of this chapter, the following definitions shall apply: (a) “Customer” means a customer of a local publicly owned electric utility or of a large electrical corporation. A person or entity is a customer of a large electrical corporation if the customer is physically located within the service territory of the large electrical corporation and receives bundled service, distribution service, or transmission service from the large electrical corporation. (b) “Distributed energy resource” means an electric generation or storage technology that complies with the emissions standards adopted by the State Air Resources Board pursuant to the distributed generation certification program requirements of Section 94203 of Title 17 of the California Code of Regulations, or any successor regulation. (c) “Large electrical corporation” means an electrical corporation with more than 100,000 service connections in California. (d) “Microgrid” means an interconnected system of loads and energy resources, including, but not limited to, distributed energy resources, energy storage, demand response tools, or other management, forecasting, and analytical tools, appropriately sized to meet customer needs, within a clearly defined electrical boundary that can act as a single, controllable entity, and can connect to, disconnect from, or run in parallel with, larger portions of the electrical grid, or can be managed and isolated to withstand larger disturbances and maintain electrical supply to connected critical infrastructure. (Added by Stats. 2018, Ch. 566, Sec. 2. (SB 1339) Effective January 1, 2019.)
  192. 8371.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. )

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    The commission must work with the Energy Commission and the Independent System Operator to take several microgrid-related actions by December 1, 2020.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. ) ## 8371. The commission, in consultation with the Energy Commission and the Independent System Operator, shall take all of the following actions by December 1, 2020, to facilitate the commercialization of microgrids for distribution customers of large electrical corporations: (a) Develop microgrid service standards necessary to meet state and local permitting requirements. (b) Without shifting costs between ratepayers, develop methods to reduce barriers for microgrid deployment. (c) Develop guidelines that determine what impact studies are required for microgrids to connect to the electrical corporation grid. (d) Without shifting costs between ratepayers, develop separate large electrical corporation rates and tariffs, as necessary, to support microgrids, while ensuring that system, public, and worker safety are given the highest priority. The separate rates and tariffs shall not compensate a customer for the use of diesel backup or natural gas generation, except as either of those sources is used pursuant to Section 41514.1 of the Health and Safety Code, or except for natural gas generation that is a distributed energy resource. (e) Form a working group to codify standards and protocols needed to meet California electrical corporation and Independent System Operator microgrid requirements. (f) Develop a standard for direct current metering in the commission’s Electric Rule 21 to streamline the interconnection process and lower interconnection costs for direct current microgrid applications. (Amended by Stats. 2019, Ch. 497, Sec. 248. (AB 991) Effective January 1, 2020.)
  193. 8371.5.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. )

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    An electrical corporation is not barred or discouraged from developing or owning a microgrid.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. ) ## 8371.5. Nothing in this chapter shall discourage or prohibit the development or ownership of a microgrid by an electrical corporation. (Added by Stats. 2018, Ch. 566, Sec. 2. (SB 1339) Effective January 1, 2019.)
  194. 8372.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. )

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    A local publicly owned electric utility’s governing board must create and publish a standardized microgrid interconnection process within 180 days after the first request to establish a microgrid.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.5. Microgrids [8370 - 8372] ( Chapter 4.5 added by Stats. 2018, Ch. 566, Sec. 2. ) ## 8372. (a) Within 180 days of the first request from a customer or developer to establish a microgrid, the governing board of a local publicly owned electric utility shall develop and make available a standardized process for the interconnection of a customer-supported microgrid, including separate electrical rates and tariffs, as necessary. The separate rates and tariffs shall not compensate a customer for the use of diesel backup or natural gas generation, except as either of those sources is used pursuant to Section 41514.1 of the Health and Safety Code, or except for natural gas generation that is a distributed energy resource. (b) The governing board shall ensure the microgrid rates and charges do not shift costs to, or from, a microgrid customer or nonmicrogrid customer, and shall ensure each microgrid and its components comply with the local publicly owned electric utility’s applicable regulatory requirements. (Added by Stats. 2018, Ch. 566, Sec. 2. (SB 1339) Effective January 1, 2019.)
  195. 8375.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.6. Notice and Recordation of a Decarbonization Charge [8375 - 8377] ( Chapter 4.6 added by Stats. 2022, Ch. 834, Sec. 2. )

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    The Legislature says this chapter is meant to create transparency about decarbonization charges for renters and home buyers.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.6. Notice and Recordation of a Decarbonization Charge [8375 - 8377] ( Chapter 4.6 added by Stats. 2022, Ch. 834, Sec. 2. ) ## 8375. (a) It is the intent of the Legislature to establish transparency for renters and home buyers regarding the existence of a decarbonization charge associated with a decarbonization upgrade located on a property. (b) The Legislature finds and declares that the act of an energy supplier, including, but not limited to, a gas corporation, recording a notice of decarbonization charge pursuant to this chapter does not constitute a debt collection. (Amended by Stats. 2025, Ch. 276, Sec. 1. (AB 737) Effective January 1, 2026.)
  196. 8376.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.6. Notice and Recordation of a Decarbonization Charge [8375 - 8377] ( Chapter 4.6 added by Stats. 2022, Ch. 834, Sec. 2. )

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    This section defines key terms used in the chapter on notice and recordation of a decarbonization charge.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.6. Notice and Recordation of a Decarbonization Charge [8375 - 8377] ( Chapter 4.6 added by Stats. 2022, Ch. 834, Sec. 2. ) ## 8376. For purposes of this chapter, the following definitions apply: (a) (1) “Decarbonization charge” means a charge that is added to the billing for service associated with the electrical meter, or other measuring device, under the control of an energy supplier located at the subscriber property where a decarbonization upgrade is located, and that is collected in order to pay for a decarbonization upgrade. (2) If an energy supplier is a gas corporation, as defined in Section 222, “decarbonization charge” shall be limited to a charge for measures that provide a measurable reduction in natural gas consumption and associated greenhouse gas emissions. (b) “Decarbonization upgrade” means all of the following: (1) A change to a subscriber property that reduces the demand for energy from an energy supplier. (2) A change to a subscriber property that allows for storage of energy. (3) A change to a subscriber property that reduces the use of fossil fuels. (4) A change to a subscriber property that converts water, wind, or sunlight to usable electricity. (c) “Energy supplier” means any of the following: (1) An entity that offers an electricity product for sale to retail consumers in California, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator. (2) Any private corporation or association organized for purposes of transmitting or distributing electricity exclusively to its stockholders or members at cost, including an electrical cooperative. (3) A gas corporation, as defined in Section 222. (d) “Subscriber” means a person or entity that purchases energy or energy services from an energy supplier and is billed for the energy or energy services by the energy supplier, either directly or by another entity on behalf of the energy supplier. (e) “Subscriber property” means residential, commercial, industrial, agricultural, or other real property owned, leased, or licensed for occupancy by the subscriber. (Amended by Stats. 2025, Ch. 276, Sec. 2. (AB 737) Effective January 1, 2026.)
  197. 8377.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.6. Notice and Recordation of a Decarbonization Charge [8375 - 8377] ( Chapter 4.6 added by Stats. 2022, Ch. 834, Sec. 2. )

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    This section requires energy suppliers to record and later remove notices about decarbonization charges, and requires the county recorder to index the notice.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 4.6. Notice and Recordation of a Decarbonization Charge [8375 - 8377] ( Chapter 4.6 added by Stats. 2022, Ch. 834, Sec. 2. ) ## 8377. (a) This chapter shall apply to any program or initiative administered by an energy supplier that has all of the following attributes: (1) The program or initiative makes a site-specific investment to fund the installation of decarbonization upgrades on subscriber properties. (2) The program or initiative recovers any portion of the site-specific investment through decarbonization charges associated with one or more electrical meters, or other measuring devices, associated with those upgraded subscriber properties. (3) The program or initiative imposes a duty to pay the decarbonization charge that arises from, and is evidenced by, a written agreement executed relative to the installation of the decarbonization upgrade on the subscriber property between the property owner, or all current property owners of record, if different than the subscriber, and the energy supplier. (4) Under the program or initiative, the subscriber’s obligation to pay the decarbonization charge is associated with the electrical meter, or other measuring device, located at the subscriber’s property on which the decarbonization upgrade is located and is transferable to any successor subscriber who subsequently receives energy service at the property. (b) The commission, or the governing board of a local publicly owned electric utility or electrical cooperative, as applicable, shall require an energy supplier, in administering the program or initiative, to facilitate proper notification of upgrades and decarbonization charge obligations to successor subscribers by completing all of the following: (1) The energy supplier shall record, no later than 30 days after funding a decarbonization upgrade, a notice of decarbonization charge with the county recorder of the county where the property subject to the decarbonization charge is located. A county recorder, upon recording a notice of decarbonization charge, shall index the notice of decarbonization charge in the general index by the name of the owner of the real property where the electrical meter, or other measuring device, affected by the decarbonization charge will be located. The notice shall be entitled “NOTICE OF DECARBONIZATION CHARGE” and shall comply with Section 27324 of the Government Code. The recordation of the notice of decarbonization charge shall be considered sufficient notice to a subsequent subscriber at a property with installed decarbonization upgrades of the subscriber’s obligation to pay the decarbonization charge for installed measures. (2) The recorded notice of decarbonization charge shall contain all of the following information: (A) The address or legal description, the assessor’s parcel number, and the name of the owner, of the real property where the electrical meter, or other measuring device, affected by the decarbonization charge will be located. (B) The decarbonization charge amount and payment period. (C) A description of the decarbonization upgrades funded with the decarbonization charge. (D) Contact information for the person or entity authorized to provide a prompt and accurate written statement of the outstanding charges and payoff amounts related to the decarbonization charge for which the notice of decarbonization charge was recorded. (3) Within 30 days of full cost recovery of the outstanding charges related to the recorded notice of decarbonization charge, the energy supplier shall record a notice of the full cost recovery and removal of the decarbonization charge with the county recorder of the county where the property subject to the decarbonization charge is located. The notice of the full cost recovery and removal of the decarbonization charge shall include a reference to the recorded notice of decarbonization charge. (4) Within 30 days of a decision by the energy supplier to cease collection of the charge, the energy supplier shall record a notice of removal of the decarbonization charge with the county recorder of the county where the property subject to the decarbonization charge is located. The notice of the removal of the decarbonization charge shall include a reference to the recorded notice of the decarbonization charge. (5) When the subscriber property is not owner-occupied, the written agreement between the energy supplier and the property owner executed relative to the installation of the decarbonization upgrade shall incorporate a requirement that the property owner shall cause the obligation to pay the decarbonization charge to appear in the terms through which the subscriber leases or licenses the property for occupancy. This paragraph shall only apply to written agreements executed after January 1, 2023. (Amended by Stats. 2025, Ch. 276, Sec. 3. (AB 737) Effective January 1, 2026.)
  198. 8380.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 5. Privacy Protections for Energy Consumption Data [8380 - 8381] ( Chapter 5 added by Stats. 2010, Ch. 497, Sec. 2. )

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    Utility customer energy-usage data is tightly restricted: utilities generally may not share or sell it, and they must protect it with reasonable security.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 5. Privacy Protections for Energy Consumption Data [8380 - 8381] ( Chapter 5 added by Stats. 2010, Ch. 497, Sec. 2. ) ## 8380. (a) For purposes of this section, “electrical or gas consumption data” means data about a customer’s electrical or natural gas usage that is made available as part of an advanced metering infrastructure, and includes incremental and monthly meter-specific electricity data, to the extent produced by that infrastructure, and the name, account number, and address of the customer. (b) (1) An electrical corporation or gas corporation shall not share, disclose, or otherwise make accessible to any third party a customer’s electrical or gas consumption data, except as provided in subdivision (f) or upon the consent of the customer. Customer consent may be verified through an electronic signature authorization process pursuant to the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code). (2) An electrical corporation or gas corporation shall not sell a customer’s electrical or gas consumption data or any other personally identifiable information for any purpose. (3) An electrical corporation or gas corporation or its contractors shall not provide an incentive or discount to the customer for accessing the customer’s electrical or gas consumption data without the prior consent of the customer. (4) An electrical or gas corporation that utilizes an advanced metering infrastructure that allows a customer to access the customer’s electrical and gas consumption data shall ensure that the customer has an option to access that data without being required to agree to the sharing of the customer’s personally identifiable information, including electrical or gas consumption data, with a third party. (c) If an electrical corporation or gas corporation contracts with a third party for a service that allows a customer to monitor the customer’s electricity or gas usage, and that third party uses the data for a secondary commercial purpose, the contract between the electrical corporation or gas corporation and the third party shall provide that the third party prominently discloses that secondary commercial purpose to the customer and secures the customer’s consent to the use of the customer’s data for that secondary commercial purpose prior to the use of the data. (d) An electrical corporation or gas corporation shall use reasonable security procedures and practices to protect a customer’s unencrypted electrical or gas consumption data from unauthorized access, destruction, use, modification, or disclosure. (e) An electrical corporation or gas corporation shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, a customer’s electrical or gas consumption data without a court-ordered subpoena or judicial warrant. (f) (1) This section does not preclude an electrical corporation or gas corporation from using customer aggregate electrical or gas consumption data for analysis, reporting, or program management if all information has been removed regarding the individual identity of a customer. (2) This section does not preclude an electrical corporation or gas corporation from disclosing a customer’s electrical or gas consumption data to a third party for system, grid, or operational needs, or the implementation of demand response, energy management, or energy efficiency programs, provided that, for contracts entered into after January 1, 2011, the utility has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer’s prior consent to that use. (3) Except as provided in subdivision (e), this section does not preclude an electrical corporation or gas corporation from disclosing electrical or gas consumption data as required or permitted under state or federal law or by an order of the commission. (g) If a customer chooses to disclose the customer’s electrical or gas consumption data to a third party that is unaffiliated with, and has no other business relationship with, the electrical or gas corporation, the electrical or gas corporation is not responsible for the security of that data, or its use or misuse. (Amended by Stats. 2020, Ch. 188, Sec. 2. (AB 2788) Effective January 1, 2021.)
  199. 8381.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 5. Privacy Protections for Energy Consumption Data [8380 - 8381] ( Chapter 5 added by Stats. 2010, Ch. 497, Sec. 2. )

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    Local publicly owned electric utilities face strict limits on sharing customer electrical consumption data, and must use consent and security safeguards in certain third-party arrangements.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 5. Privacy Protections for Energy Consumption Data [8380 - 8381] ( Chapter 5 added by Stats. 2010, Ch. 497, Sec. 2. ) ## 8381. (a) For purposes of this section, “electrical consumption data” means data about a customer’s electrical usage that is made available as part of an advanced metering infrastructure, and includes the name, account number, or residence of the customer. (b) (1) A local publicly owned electric utility shall not share, disclose, or otherwise make accessible to any third party a customer’s electrical consumption data, except as provided in subdivision (f) or upon the consent of the customer. (2) A local publicly owned electric utility shall not sell a customer’s electrical consumption data or any other personally identifiable information for any purpose. (3) A local publicly owned electric utility or its contractors shall not provide an incentive or discount to the customer for accessing the customer’s electrical consumption data without the prior consent of the customer. (4) A local publicly owned electric utility that utilizes an advanced metering infrastructure that allows a customer to access the customer’s electrical consumption data shall ensure that the customer has an option to access that data without being required to agree to the sharing of the customer’s personally identifiable information, including electrical consumption data, with a third party. (c) If a local publicly owned electric utility contracts with a third party for a service that allows a customer to monitor the customer’s electricity usage, and that third party uses the data for a secondary commercial purpose, the contract between the local publicly owned electric utility and the third party shall provide that the third party prominently discloses that secondary commercial purpose to the customer and secures the customer’s consent to the use of the customer’s data for that secondary commercial purpose prior to the use of the data. (d) A local publicly owned electric utility shall use reasonable security procedures and practices to protect a customer’s unencrypted electrical consumption data from unauthorized access, destruction, use, modification, or disclosure, and to prohibit the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer’s consent. (e) A local publicly owned electric utility shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, a customer’s electrical consumption data without a court-ordered subpoena or judicial warrant. (f) (1) This section shall not preclude a local publicly owned electric utility from using customer aggregate electrical consumption data for analysis, reporting, or program management if all information has been removed regarding the individual identity of a customer. (2) This section shall not preclude a local publicly owned electric utility from disclosing a customer’s electrical consumption data to a third party for system, grid, or operational needs, or the implementation of demand response, energy management, or energy efficiency programs, provided, for contracts entered into after January 1, 2011, that the utility has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer’s prior consent to that use. (3) Except as provided in subdivision (e), this section shall not preclude a local publicly owned electric utility from disclosing electrical consumption data as required under state or federal law. (g) If a customer chooses to disclose the customer’s electrical consumption data to a third party that is unaffiliated with, and has no other business relationship with, the local publicly owned electric utility, the utility shall not be responsible for the security of that data, or its use or misuse. (Amended by Stats. 2020, Ch. 188, Sec. 3. (AB 2788) Effective January 1, 2021.)
  200. 8385.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 6. Wildfire Mitigation [8385 - 8389] ( Chapter 6 added by Stats. 2016, Ch. 598, Sec. 1. )

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    The Office of Energy Infrastructure Safety must supervise an electrical corporation’s compliance with Chapter 6 starting July 1, 2021.

    ## Public Utilities Code - PUC ## DIVISION 4.1. PROVISIONS APPLICABLE TO PRIVATELY OWNED AND PUBLICLY OWNED PUBLIC UTILITIES [8301 - 8550] ( Heading of Division 4.1 amended by Stats. 1988, Ch. 1560, Sec. 2. ) ## CHAPTER 6. Wildfire Mitigation [8385 - 8389] ( Chapter 6 added by Stats. 2016, Ch. 598, Sec. 1. ) ## 8385. (a) For purposes of this chapter, all of the following definitions apply: (1) “Deenergization event” means the proactive interruption of electrical service for the purpose of mitigating or avoiding the risk of causing a wildfire. (2) “Electrical cooperative” has the same meaning as defined in Section 2776. (3) “Electrical corporation” has the same meaning as defined in Section 218. (4) “Large electrical corporation” has the same meaning as defined in Section 3280. (5) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3. (6) “Office” means the Office of Energy Infrastructure Safety, within the Natural Resources Agency. (b) Beginning July 1, 2021, the office shall supervise an electrical corporation’s compliance with the requirements of this chapter pursuant to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1). This chapter does not affect the commission’s authority or jurisdiction over an electrical corporation, electrical cooperative, or local publicly owned electric utility. (Amended by Stats. 2025, Ch. 119, Sec. 52. (SB 254) Effective September 19, 2025.)

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