Public Utilities Code — Part 6 | PUC — United States — California law | Esheria

Public Utilities Code

Part 6 of 38 · provisions 1,001–1,200

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. 11643.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    After a district formation election is called, the legislative body must notify the local agency formation commission’s executive officer by registered mail within five days, and the executive officer and commission must act on an impartial analysis within set deadlines.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11643.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)
  2. 11643.2.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Certain eligible voters, associations, and board members may file written arguments for or against proposed district formation.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11643.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  3. 11643.3.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    If multiple arguments for or against formation of the proposed district are filed on time, election officials must choose one argument to print and distribute to voters.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11643.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  4. 11643.4.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Election officials must print and mail a ballot pamphlet to each eligible voter for the district formation election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11643.4. The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The election officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 180. Effective January 1, 1995.)
  5. 11644.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The notice must state the proposed district’s name and describe the district and ward boundaries for electing directors.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11644. The notice shall state the name of the proposed district, and describe the boundaries thereof and the boundaries of the wards provided for the purpose of electing directors. (Enacted by Stats. 1951, Ch. 764.)
  6. 11645.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The election ballot must include the instructions required by law and a question asking whether the municipal utility district should be created and established, with YES and NO choices.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11645. The ballot for the election shall contain such instructions as are required by law to be printed thereon and in addition thereto the following: Shall the “ (giving name thereof) municipal utility district” be created and established? YES NO (Enacted by Stats. 1951, Ch. 764.)
  7. 11646.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Ballots must list the nominated persons for each ward and show each ward and its nominees separately.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11646. The ballots shall also contain the names of the persons nominated in each ward to serve as a member of the board from such ward, showing separately each ward and its nominees. (Enacted by Stats. 1951, Ch. 764.)
  8. 11647.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Any person may be nominated for director if a written petition is signed by at least 50 voters of the ward where the person lives.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11647. Any person may be nominated for the office of director upon written petition of at least 50 voters of the ward in which such person resides. (Enacted by Stats. 1951, Ch. 764.)
  9. 11648.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Candidates for director are voted on at large, and every voter in the proposed district may vote for all directors to be elected.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11648. Candidates for the office of director shall be voted upon at large, and every voter in the proposed district may vote for all of the directors to be elected. (Enacted by Stats. 1951, Ch. 764.)
  10. 11649.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Only a voter of the territory included in the proposed district is entitled to vote at the election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11649. No person shall be entitled to vote at the election unless he is a voter of the territory included in the proposed district. (Enacted by Stats. 1951, Ch. 764.)
  11. 11650.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11650. The election may be held on the same day as any other state, county, or city election, and be consolidated therewith. (Enacted by Stats. 1951, Ch. 764.)
  12. 11651.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The board of supervisors that called the election must meet the next Monday after the election and canvass the votes.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11651. The board of supervisors which called the election shall meet on Monday next succeeding the day of the election and canvass the votes cast thereat. (Enacted by Stats. 1951, Ch. 764.)
  13. 11652.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The board of supervisors must separately canvass election returns and must declare a district created and established for the areas that voted in favor, if the voter threshold in subdivision (c) is met.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11652. (a) The board of supervisors shall canvass, separately, the returns of each public agency and each parcel of unincorporated territory, if any. (b) Subject to subdivision (c), the board of supervisors shall declare a district created and established of those public agencies and parcels of unincorporated territory in which a majority of those persons who voted did so in favor of the creation of the district. Those public agencies and parcels of unincorporated territory in which a majority of those persons voting did not vote in favor of the creation of the district shall be excluded from the district. (c) A district may be created and established pursuant to subdivision (b) only if the number of registered voters in the approving public agencies and parcels of unincorporated territory is two-thirds or more of the total number of registered voters within the district as proposed to the voters. (Amended by Stats. 2001, 2nd Ex. Sess., Ch. 18, Sec. 1. Effective August 8, 2002.)
  14. 11653.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    A person may serve as a director only if the person is a resident and voter of the district. If territory is eliminated and creates board vacancies, the remaining directors must fill those vacancies by appointment, and ward lines may be ignored for that purpose.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11653. No person may serve as a director unless he is a resident and voter of the district as finally determined. Any vacancies on the board caused by the elimination of territory shall be filled by appointment by the remaining directors, in which case ward lines may be disregarded. (Enacted by Stats. 1951, Ch. 764.)
  15. 11654.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The board of supervisors must canvass the election returns and declare the highest-vote recipients for each ward elected as district directors if they are residents and voters as finally determined.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11654. The board of supervisors shall also canvass the returns of the election with respect to the persons voted for as directors, and shall declare the persons receiving the highest number of votes, for each ward, respectively, to be duly elected as directors of the district, if they are residents and voters thereof as finally determined. (Enacted by Stats. 1951, Ch. 764.)
  16. 11655.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The board of supervisors calling the election must make all arrangements for the election across the entire proposed district and pay its cost.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11655. The board of supervisors calling the election shall make all provision for the holding thereof throughout the entire district as proposed, and shall pay the cost thereof. (Enacted by Stats. 1951, Ch. 764.)
  17. 11656.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    If a special election is held only on organizing a district, the election cost must be reimbursed to the county that called it, and the tax for that reimbursement must be added to the next county tax bills.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Election [11641 - 11656] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11656. If a special election is held exclusively on the proposition of organizing a district, the expenditure therefor shall be reimbursed to the county which called the election by means of a tax on all the taxable property within the public agencies and unincorporated territory which was proposed to be included in the district, and this tax shall be added to the next county tax bills by the proper officials of the counties involved, respectively. (Enacted by Stats. 1951, Ch. 764.)
  18. 11681.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Establishment of the District [11681- 11681.] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The board of supervisors must file a certified copy of the election result order with the Secretary of State.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Establishment of the District [11681- 11681.] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11681. The board of supervisors shall cause a certified copy of the order declaring the result of the election to be filed in the Office of the Secretary of State, from and after which the establishment of the district shall be deemed complete. (Enacted by Stats. 1951, Ch. 764.)
  19. 11701.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Contest of Incorporation [11701- 11701.] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    Challenges to incorporation must be filed within three months after the election result order is filed with the Secretary of State.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Formation of Districts [11561 - 11701] ( Chapter 2 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Contest of Incorporation [11701- 11701.] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11701. No informality in any proceeding or in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the incorporation of any district. Any proceedings wherein the validity of incorporation is denied shall be commenced within three months from the date of filing the order declaring the result of the election with the Secretary of State, otherwise the incorporation and the legal existence of the district shall be held to be valid and in every respect legal and incontestable. (Enacted by Stats. 1951, Ch. 764.)
  20. 11801.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Government [11801- 11801.] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Each district is governed by a board of five directors, one from each ward, and the directors must be residents and voters of the wards they come from.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Government [11801- 11801.] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 11801. The government of every district is vested in a board of five directors, one from each ward, together with the other officers mentioned in this division. The directors shall be residents and voters of the respective wards from which they are nominated. (Enacted by Stats. 1951, Ch. 764.)
  21. 11821.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The first directors are elected at the formation election, and later director elections must be held at the same time as the general election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11821. The first directors are elected at the formation election as provided in Chapter 2. All elections of directors subsequent to the first shall be held at the same time as the general election in the manner provided in this article. (Enacted by Stats. 1951, Ch. 764.)
  22. 11822.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11822. Notice of election shall be published and no other notice of such election need be given. (Enacted by Stats. 1951, Ch. 764.)
  23. 11823.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must set ward boundaries for electing directors, and the board of directors must adjust ward boundaries by resolution.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11823. The board shall by resolution or ordinance fix the boundaries of the wards for the purpose of electing directors therefrom. The board of directors shall, by resolution, adjust the boundaries of any wards pursuant to Chapter 8 (commencing with Section 22000) of Division 21 of the Elections Code. (Amended by Stats. 1998, Ch. 435, Sec. 3. Effective January 1, 1999.)
  24. 11824.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The notice of election must refer to the wards established by the board.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11824. The notice of election shall refer to the wards established by the board. (Enacted by Stats. 1951, Ch. 764.)
  25. 11825.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Before an election, the county elections official must provide nomination papers and other required nomination forms for director candidates when requested, if the request is made no more than 113 days before the election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11825. Not more than 113 days prior to the election, upon request, the county elections official of the principal county containing the majority of the population of the ward from which the candidate is seeking election shall issue nomination papers and all other forms required for nomination to the office of director. (Amended by Stats. 2002, Ch. 221, Sec. 84. Effective January 1, 2003.)
  26. 11827.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Nomination papers may be circulated throughout the district.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11827. Nomination papers may be circulated throughout the district. (Enacted by Stats. 1951, Ch. 764.)
  27. 11828.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section sets the rules for nomination papers, signature gathering, filing, and ballot certification for district director candidates.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11828. (a) Except as otherwise provided in this division, the provisions of the Elections Code prescribed for independent nominations shall substantially govern the manner of appointment of circulators, the form of nomination papers and other forms, the securing of signatures, the filing of the candidate’s declaration of candidacy, and all other things necessary to get the name of the candidate upon the ballot. At the time of issuance of nomination papers, the county elections official shall cause to be entered on the first page of each section of the nomination papers the name of the candidate and the office for which he or she is a candidate. The county elections official shall imprint a stamp on the first page of each section of the nomination papers which reads “Official Filing Form,” and shall affix his or her signature. The county elections official shall keep a list containing the name and address of each candidate, the office for which he or she is a candidate, and the date on which the nomination papers were issued, which list shall be a public record. (b) Circulators may obtain signatures to the nomination paper of any candidate at any time not more than 113 days nor less than 88 days prior to the election. Each section of the nomination papers shall bear the name of a county and only qualified voters of that county shall sign the section. Nomination papers shall be signed either by 1 percent or by 10 of the registered voters from within the district, whichever is the lesser number, but in no event by more than 20 registered voters from within the district. Nomination papers shall be filed with the county elections official of the principal county containing the majority of the population of the ward from which the candidate is seeking election not more than 113 nor less than 88 days before the date of the election and shall be examined by the county elections official. If nomination papers for an incumbent director are not filed by 5 p.m. on the 88th day before the election, the voters shall have until 5 p.m. on the 83rd day before the election to nominate candidates other than the incumbent for that office. As soon as possible under the circumstances, the county elections official shall determine the number of valid signatures. If there are less than 10 valid signatures, the county elections official shall notify the candidate of that fact, and shall accept additional valid signatures at any time prior to the close of the period for circulating nomination papers. Each candidate, at least 88 days prior to the election, shall file a sufficient candidate’s declaration of candidacy with the county elections official with whom he or she filed the nomination papers. The county elections official shall certify the names of all candidates at least 76 days prior to the date of the election so that their names may be placed upon the ballot. (Amended by Stats. 1994, Ch. 923, Sec. 181. Effective January 1, 1995.)
  28. 11829.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must consolidate the district election with the general election, and supervisors must canvass, certify, and sometimes reprecinct the election area.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11829. The board shall in the notice, ordinance, or resolution calling an election consolidate it with the general election to be held at the same time in the respective counties in which the district is located and authorize the respective boards of supervisors to canvass the returns and certify the result of the canvass to the board. It shall be the duty of the board or boards of supervisors to so consolidate the election, canvass the returns, and cause the result thereof to be properly certified to the board of directors of the district. The election shall be held in all respects as if there were only one election, and only one ticket or ballot shall be used. When the county precinct boundaries do not coincide with the boundaries of the wards in the district, the board or boards of supervisors shall, for the purpose of the election only, reprecinct the territory in which the boundaries do not coincide, at least 30 days before the election. (Amended by Stats. 1957, Ch. 863.)
  29. 11830.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Director candidates are voted on at large, and district voters may vote for all directors being elected.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11830. Candidates for the office of director shall be voted upon at large, and every voter in the district may vote for all of the directors to be elected. (Enacted by Stats. 1951, Ch. 764.)
  30. 11831.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    After the canvass returns are received from the boards of supervisors, the board must meet, determine the election results, and declare the elected candidate or candidates.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11831. Upon receipt of the returns of the canvass by the respective boards of supervisors the board shall meet and determine results of the election and declare the candidate or candidates elected. (Enacted by Stats. 1951, Ch. 764.)
  31. 11832.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The district secretary must issue certificates of election, signed and authenticated, right after the board determines the election result.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Election of Directors [11821 - 11832] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 11832. The secretary of the district shall issue certificates of election, signed by him and duly authenticated, immediately following the determination of the result of the election by the board. (Enacted by Stats. 1951, Ch. 764.)
  32. 11850.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. )

    Verify source ↗

    In covered districts, the board expands from five directors to seven, and director candidates are elected by ward voters rather than at large.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. ) ## 11850. (a) Notwithstanding any other provision of this chapter, in any district formed prior to January 1, 1974, and containing a population of 1,000,000 or more on that date, the number of directors on the district board shall be increased from five to seven as provided in this article. (b) In any district to which subdivision (a) is applicable and in any district which has owned and operated an electric distribution system for at least eight years and which has a population of 250,000, or more, candidates for the office of director shall be elected by the voters of the ward each represents and shall not be voted upon at large. Nomination papers may be circulated only within the ward from which the candidate is to be elected, and shall be signed either by 1 percent of the voters within the ward or by 10 voters, whichever is the lesser number, but in no event by more than 20 voters within the ward. District circulators shall be residents of the ward in which they seek signatures and may obtain signatures only from registered voters residing within that ward. (Amended by Stats. 1985, Ch. 985, Sec. 22.)
  33. 11851.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. )

    Verify source ↗

    If this district’s board must expand from five to seven directors, the board in office on January 1, 1974 must, within 90 days, create seven wards and set their boundaries.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. ) ## 11851. In any district in which the number of directors is required to be increased from five to seven as provided in Section 11850, the board of directors in office on January 1, 1974, shall, by resolution or ordinance adopted within 90 days after such date, divide the territory of the district into seven wards, and fix the boundaries thereof. The boundaries shall be fixed such that the wards are as equal in number of registered voters as may be. (Added by Stats. 1973, Ch. 337.)
  34. 11852.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. )

    Verify source ↗

    The two additional directors must be nominated and elected using the district’s director-election process, and the election must be held at the same time as the 1974 statewide general election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. ) ## 11852. The two additional directors provided for by this article shall be nominated and elected in the manner and at the election called and conducted within the district for the election of district directors pursuant to Article 2 (commencing with Section 11821) of this chapter and held at the same time as the 1974 statewide general election. (Added by Stats. 1973, Ch. 337.)
  35. 11852.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. )

    Verify source ↗

    If too few candidates file for a ward, the county elections official must notify the district board, and the board may appoint someone or hold the election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. ) ## 11852.5. (a) Notwithstanding any other provision of law, if, in a district subject to this article, by 5 p.m. on the 83rd day prior to the day fixed for the general election, no one or only one person has filed a declaration of candidacy for a particular ward, the county elections official shall submit a certificate of these facts to the district board and inform the board that it may, at a regular or special meeting held on or before the 76th day prior to the election, adopt one of the following courses of action: (1) If only one person has filed a declaration of candidacy for a ward, appoint that person to the office. (2) If no one has filed a declaration of candidacy for a ward, appoint a person to the office who would be qualified on the date the election would have been held. (3) If either no one or only one person has filed a declaration of candidacy for a ward, hold the election. (b) If the board makes an appointment pursuant to subdivision (a), the elections official shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made. The person appointed, if any, shall qualify and take office and serve exactly as if elected at an election for the office. (c) If by the 76th day prior to the day fixed for the election, the district board has not appointed the sole candidate to the office pursuant to paragraph (1) of subdivision (a) or has not adopted a process to appoint, or appointed, a qualified person to the office pursuant to paragraph (2) of subdivision (a), the election shall be held. (d) A district board may adopt a process to appoint a qualified person to the office pursuant to paragraph (2) of subdivision (a). Upon adoption of this process, the district board shall appoint a qualified person to office no later than the day fixed for the election. (e) This section shall apply to all elections held in any district subject to this article that takes place on or after January 1, 2014. (Added by Stats. 2013, Ch. 108, Sec. 1. (AB 408) Effective January 1, 2014.)
  36. 11853.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. )

    Verify source ↗

    Additional directors must take office right away when their election certificates are issued; later-elected directors take office on January 1 after election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. ) ## 11853. The two additional directors elected pursuant to this article shall take office immediately upon the issuance of the certificates of election by the secretary of the district. Thereafter, directors elected pursuant to the additional seats created by this article shall take office on the first day of January next following their election. (Amended by Stats. 1985, Ch. 985, Sec. 23.)
  37. 11854.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. )

    Verify source ↗

    Additional directors elected under this article serve four-year terms, continuing until successors are elected and qualified.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. ) ## 11854. The term of office of the additional directors elected pursuant to this article shall be four years and until their successors are elected and qualified. (Added by Stats. 1973, Ch. 337.)
  38. 11855.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. )

    Verify source ↗

    This section says the article does not change the term of office of district directors who were already in office on the section’s effective date.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.5. Additional Directors [11850 - 11855] ( Article 2.5 added by Stats. 1973, Ch. 337. ) ## 11855. Nothing in this article shall effect the term of office of district directors in office on the effective date of this section. (Added by Stats. 1973, Ch. 337.)
  39. 11857.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. )

    Verify source ↗

    In the Sacramento Municipal Utility District, the district board’s number of directors must be increased from five to seven.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. ) ## 11857. Notwithstanding any other provision of this chapter, in the Sacramento Municipal Utility District, the number of directors on the district board shall be increased from five to seven as provided in this article. (Added by Stats. 1992, Ch. 845, Sec. 1. Effective January 1, 1993.)
  40. 11857.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. )

    Verify source ↗

    The board of directors in office on January 1, 1994, must divide the district into seven wards and fix their boundaries within 90 days, using a resolution or ordinance.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. ) ## 11857.1. To effectuate the increase as provided in Section 11857, the board of directors in office on January 1, 1994, shall, by resolution or ordinance adopted within 90 days after that date, divide the territory of the district into seven wards, and fix the boundaries thereof. The boundaries shall be fixed so that the wards are as equal in population as may be. (Amended by Stats. 1994, Ch. 59, Sec. 1. Effective January 1, 1995.)
  41. 11857.2.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. )

    Verify source ↗

    The two additional directors must be nominated and elected using the district director election process, and the election must be held at the same time as the 1994 statewide general election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. ) ## 11857.2. The two additional directors provided for by this article shall be nominated and elected in the manner and at the election called and conducted within the district for the election of district directors pursuant to Article 2 (commencing with Section 11821) of this chapter and held at the same time as the 1994 statewide general election. (Added by Stats. 1992, Ch. 845, Sec. 1. Effective January 1, 1993.)
  42. 11857.3.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. )

    Verify source ↗

    Additional directors take office immediately when election certificates are issued; later elected directors take office on January 1 after their election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. ) ## 11857.3. The two additional directors elected pursuant to this article shall take office immediately upon the issuance of the certificates of election by the secretary of the district. Thereafter, directors elected pursuant to the additional seats created by this article shall take office on the first day of January next following their election. (Added by Stats. 1992, Ch. 845, Sec. 1. Effective January 1, 1993.)
  43. 11857.4.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. )

    Verify source ↗

    The additional directors elected under this article serve a four-year term, and continue until their successors are elected and qualified.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. ) ## 11857.4. The term of office of the additional directors elected pursuant to this article shall be four years and until their successors are elected and qualified. (Added by Stats. 1992, Ch. 845, Sec. 1. Effective January 1, 1993.)
  44. 11857.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. )

    Verify source ↗

    This section says the article does not change the term of office of district directors who were already in office on the section’s effective date.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2.7. Sacramento Municipal Utility District [11857 - 11857.5] ( Article 2.7 added by Stats. 1992, Ch. 845, Sec. 1. ) ## 11857.5. Nothing in this article shall affect the term of office of district directors in office on the effective date of this section. (Added by Stats. 1992, Ch. 845, Sec. 1. Effective January 1, 1993.)
  45. 11861.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Directors elected at the formation election may hold office only until the first day of January after the next general election, and until successors are elected and qualified.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 11861. The directors elected at the formation election shall hold their respective offices only until the first day of January next following the next general election and until their successors are elected and qualified. (Amended by Stats. 1985, Ch. 985, Sec. 24.)
  46. 11862.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section sets how long district directors serve after the first election and in later elections.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 11862. Of the directors elected at the first election following the formation election, those three elected by the highest vote shall hold office for four years, and the other two for two years, and until their successors are elected and qualified. Thereafter, at each biennial general election, a number of directors corresponding to the number whose terms of office expire shall be elected for the term of four years. (Enacted by Stats. 1951, Ch. 764.)
  47. 11863.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Directors elected at the formation election take office immediately after the election result order is filed with the Secretary of State, once they have qualified according to law. Directors elected later start their terms on January 1 after the election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 11863. Directors elected at the formation election shall enter upon their official duties immediately upon the filing of the order declaring the result of the election with the Secretary of State, after qualifying according to law. The terms of directors elected after the formation election shall commence on the first day of January next following their election. (Amended by Stats. 1985, Ch. 985, Sec. 25.)
  48. 11865.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section sets the process and deadlines for filling a board vacancy, including appointment, special election, and fallback action by the district or county supervisors.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Terms of Office of Directors [11861 - 11865] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 11865. Vacancies on the board shall be filled as provided in this section: (a) (1) The remaining board members may fill the vacancy by appointment. The person appointed to fill the vacancy shall hold office until the person elected at the next district general election that is scheduled 90 or more days after the effective date of the vacancy has been qualified and takes office. The appointment shall be made within a period of 60 days immediately subsequent to the effective date of the vacancy. A notice of the vacancy shall be posted in three or more conspicuous places in the district at least 15 days before the appointment is made. (2) In lieu of making an appointment, the remaining members of the board may within 60 days of the vacancy call a special election to fill the vacancy. The person elected at the special election shall hold office for the remainder of the term in which the vacancy occurred. (b) If the vacancy is not filled by appointment as provided in paragraph (1) of subdivision (a), or if the board has not called for a special election within 60 days of the vacancy as provided in paragraph (2) of subdivision (a), the board of supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held may fill the vacancy by appointment within 90 days of the effective date of the vacancy or may order the district to call a special election to fill the vacancy. (c) If within 90 days of the effective date of the vacancy, the remaining members of the board or the appropriate board of supervisors have not filled the vacancy by appointment and no election has been called for, the district shall call a special election to fill the vacancy. (d) A person elected at an election to fill a position to which an appointment was made pursuant to this section shall take office immediately upon issuance of the certificate of election by the secretary of the district, after qualifying according to law, and shall hold office for the remainder of the term in which the vacancy occurs. (Amended by Stats. 2025, Ch. 242, Sec. 14. (SB 858) Effective January 1, 2026.)
  49. 11881.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11881. The oath of office of directors shall be taken, subscribed, and filed with the secretary of the district at any time after the director has notice of his election or appointment but not later than 15 days after the commencement of his term of office. No other filing is required. (Enacted by Stats. 1951, Ch. 764.)
  50. 11882.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must choose a president and vice president from among its members and set the time and place of its meetings.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11882. The board shall choose one of its members president, and another vice president, who shall be authorized to act for the president during his absence or disability, and shall provide for the time and place of holding its meetings, which shall be held at least once each month. (Enacted by Stats. 1951, Ch. 764.)
  51. 11883.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board is the district’s legislative body and decides all policy questions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11883. The board is the legislative body of the district and determines all questions of policy. (Enacted by Stats. 1951, Ch. 764.)
  52. 11884.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must provide for necessary administrative matters of the district that this division does not already cover.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11884. All matters and things necessary for the proper administration of the affairs of the district which are not provided for in this division shall be provided for by the board. (Enacted by Stats. 1951, Ch. 764.)
  53. 11885.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must supervise and regulate district utilities, including setting rates, rentals, charges, classifications, rules, contracts, practices, and schedules.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11885. The board shall supervise and regulate every utility owned and operated by the district, including the fixing of rates, rentals, charges, and classifications, and the making and enforcement of rules, regulations, contracts, practices, and schedules, for or in connection with any service, product, or commodity owned or controlled by the district. (Amended by Stats. 1965, Ch. 210.)
  54. 11886.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must create needed positions and set compensation for them, may abolish positions, and the general manager makes appointments unless another rule applies.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11886. The board shall by resolution determine and create such number and character of positions as are necessary properly to carry on the functions of the district and shall establish an appropriate salary, salary range, or wage for each position so created. The board may by resolution abolish any such position. Except as otherwise provided, appointments to such positions shall be made by the general manager in accordance with the civil service provisions applicable thereto. (Enacted by Stats. 1951, Ch. 764.)
  55. 11886.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A qualifying district board may delegate to the general manager the authority to take some or all actions listed in Section 11886.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11886.1. The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may delegate to the general manager the authority to take any or all of the actions provided for in Section 11886. (Added by Stats. 1987, Ch. 692, Sec. 1.)
  56. 11887.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district board with 600 or more employees may appoint up to 15 employees to specially qualified positions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11887. The board of any district having 600 or more employees may appoint not to exceed 15 employees to positions requiring peculiar and exceptional qualifications, including those of a scientific, professional, or expert character or of special confidence. (Enacted by Stats. 1951, Ch. 764.)
  57. 11887.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district board may exempt certain highly qualified positions from civil service if the district meets the stated size and system-history conditions and stays within a 5% cap.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11887.1. The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may, notwithstanding Section 11887, determine that additional positions requiring peculiar and exceptional qualifications, including, but not limited to, those of a scientific, professional, or expert character or of special confidence, or positions with significant managerial responsibility, shall be exempt from the district civil service if the total number of these exempt positions, including the exempt positions filled pursuant to Section 11887, does not exceed 5 percent of the total civil service positions of the district. However, the board may not determine any position to be exempt as long as that position is filled by an employee appointed pursuant to the district civil service. (Amended by Stats. 2009, Ch. 127, Sec. 1. (AB 863) Effective January 1, 2010.)
  58. 11887.2.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A qualifying district board may appoint or remove only certain exempt officers and employees, and it may contract for some officer services; related contracts cannot run longer than five years.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11887.2. The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may, notwithstanding any other provision of this division, appoint or remove only those officers or employees who are exempt from the district civil service and who either report directly to the board or report to another officer who reports directly to the board. All other officers and employees exempt from the district civil service shall be appointed by, and serve at the pleasure of, the general manager. The board may contract for the services of any officer who reports directly to the board or who reports to an officer who reports directly to the board and may authorize the general manager to contract for the services of other officers and exempt employees. The term of these contracts may not exceed five years in duration. (Added by Stats. 1987, Ch. 692, Sec. 3.)
  59. 11888.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may hire or contract for professional services needed by the district, or for work that cannot be satisfactorily done under the division’s civil service rules.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11888. The board may from time to time contract for or employ any professional service required by the district or for the performance of work or services which cannot satisfactorily be performed under the civil service provisions of this division. (Enacted by Stats. 1951, Ch. 764.)
  60. 11889.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must hire an expert, and the expert must examine and report on the district’s accounts at least annually.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11889. The board shall employ an expert who shall examine and report, at least annually, upon the system of accounts kept by the district. (Enacted by Stats. 1951, Ch. 764.)
  61. 11890.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    District officers and employees must be paid on a periodic schedule set by the board, and payroll must be prepared after each pay period.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11890. The salaries or wages of all officers and employees of a district shall be paid periodically as the board may prescribe. At the expiration of the period fixed for the payment of salaries or wages a payroll shall be prepared, showing all persons employed during the preceding salary period and stating the amount of compensation to which each person is entitled. Payment of the salary or wages of each person specified in the payroll may be made after approval of the payroll by the board or the general manager in accordance with rules adopted by the board. (Amended by Stats. 1985, Ch. 985, Sec. 26.)
  62. 11891.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11891. The board may provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the district without prior specific approval thereof by the board if the demand is for a purpose for which an expenditure has been previously approved by the board and in an amount not greater than the amount so authorized, and if the demand is approved by the general manager. (Enacted by Stats. 1951, Ch. 764.)
  63. 11891.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A qualifying district board may, by resolution, authorize payment of certain district demands without prior specific board approval if the district has operated a water distribution system for at least 10 years, follows the specified accounting system, and the demands are approved by the general manager.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11891.5. The board of any district which has owned and operated a water distribution system for at least 10 years and which maintains a system of accounting substantially in accordance with the Uniform System of Accounts for Water Utilities prescribed by the Public Utilities Commission may provide, by resolution, under the terms and conditions as it sees fit, for the payment, without prior specific approval by the board, of demands against the district which relate to obligations incurred for purposes and within the amounts specified for those purposes in a projection of the district’s operations for a period of not longer than one year, if the demands are approved by the general manager. The projection shall be expressed in terms of the major groups of accounts in the uniform system of accounts and shall be incorporated in the resolution. (Amended by Stats. 1987, Ch. 692, Sec. 4.)
  64. 11891.6.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district board may, by resolution, authorize payment of certain district demands without prior specific board approval if several conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11891.6. The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more which maintains a system of accounting substantially in accordance with the Uniform System of Accounts for Electrical Corporations prescribed by the Public Utilities Commission, or any other generally accepted accounting system, may provide, by resolution, under the terms and conditions as it sees fit, for the payment, without prior specific approval by the board, of demands against the district which relate to obligations incurred for purposes and within the amounts specified for those purposes in a projection of the district’s operations for a period of not longer than one year, if the demands are approved by the general manager. The projection shall be expressed in terms of the major groups of accounts in the system of accounts and shall be incorporated in the resolution. (Added by Stats. 1987, Ch. 692, Sec. 5.)
  65. 11892.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may create and administer revolving funds for the district, but the total amount cannot exceed $100,000.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11892. To facilitate the business of the district, the board may provide for the creation and administration of revolving funds as the needs of the district may require. The aggregate amount of the revolving funds shall not exceed one hundred thousand dollars ($100,000). The revolving funds shall be disbursed in accordance with rules established by the board, and all payments from any revolving fund shall be reported to the board and vouchers filed therefor. (Amended by Stats. 1981, Ch. 162, Sec. 1.)
  66. 11892.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A qualifying district board may create and administer revolving funds, but the funds must be used and reported under board-adopted rules and the total amount cannot exceed $200,000.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11892.1. Notwithstanding Section 11892, the board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may, to facilitate the business of the district, provide for the creation and administration of revolving funds as the needs of the district may require. The aggregate amount of the revolving funds shall not exceed two hundred thousand dollars ($200,000). The revolving funds shall be disbursed in accordance with the rules adopted by the board, and all payments from any revolving fund shall be reported to the board and vouchers filed therefor. (Added by Stats. 1987, Ch. 692, Sec. 6.)
  67. 11893.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If a legal holiday falls on Saturday, the board may resolve that the preceding Friday is a holiday in the district.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11893. If a legal holiday falls on a Saturday, the board may provide by resolution that the Friday preceding is a holiday within the district for the purpose of closing its offices and excusing its employees from work. (Added by Stats. 1968, Ch. 401.)
  68. 11894.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may adopt a resolution to treat the Friday after Thanksgiving as a district holiday, if needed to carry out a memorandum of understanding.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11894. The board may provide by resolution, if necessary to implement a memorandum of understanding adopted pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, that the Friday following the Thursday in November appointed as Thanksgiving Day is a holiday within the district for the purpose of closing its offices and excusing its employees from work. (Added by Stats. 1981, Ch. 368, Sec. 1. Effective September 9, 1981.)
  69. 11895.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may change its name by resolution adopted by a majority of its board.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Powers and Duties of Directors [11881 - 11895] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 11895. A district may, by resolution adopted by a majority of the board, change its name. A certified copy of the resolution changing the name of the district shall be recorded in each county included in whole or in part within the district and shall be transmitted to the Treasurer. (Amended by Stats. 1998, Ch. 829, Sec. 51. Effective January 1, 1999.)
  70. 11907.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A majority of the board is enough to form a quorum for business transactions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11907. A majority of the board constitutes a quorum for the transaction of business. (Enacted by Stats. 1951, Ch. 764.)
  71. 11908.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must set its own procedure rules, and it may authorize $100 compensation per meeting attendance or per day of service requested by the board. Directors may not receive any other compensation or be paid for more than six days in a calendar month.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11908. The board shall establish rules for its proceedings and may provide, by ordinance or resolution, that each member shall receive for each attendance at the meetings of the board, or for each day’s service rendered as a director by request of the board, the sum of one hundred dollars ($100). No director shall receive any other compensation, nor receive pay for more than six days in any one calendar month. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 22. Effective January 1, 2006.)
  72. 11908.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district with a seven-member board may set director compensation by resolution or ordinance, subject to stated caps and no automatic increases.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11908.1. (a) Notwithstanding Section 11908, a district with a board having seven directors may provide, by resolution or ordinance, that each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at public meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, or, in lieu of that compensation, a salary of not to exceed six hundred dollars ($600) per month subject to annual adjustments pursuant to subdivision (b), together with any expenses incurred in the performance of his or her duties required or authorized by the board. No resolution or ordinance establishing compensation pursuant to this subdivision shall provide for any automatic increase in that compensation. (b) Any district which adopts salaries for directors pursuant to subdivision (a) may increase those salaries by not more than 5 percent for each calendar year following the operative date of the last adjustment, commencing with the calendar year following adoption of the salary or increase. (c) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 23. Effective January 1, 2006.)
  73. 11908.2.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A qualifying district board may set director compensation and expense reimbursement by ordinance or resolution, with limits on daily pay, monthly days, and yearly increases.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11908.2. Notwithstanding Section 11908, the board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may provide, by ordinance or resolution, that each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at public meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of 10 days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. The board may, by resolution or ordinance, increase the compensation per day by not more than 5 percent for each calendar year following the operative date of the last adjustment, commencing with the 1988 calendar year. No resolution or ordinance establishing compensation pursuant to this subdivision shall provide for any automatic increase in that compensation. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 24. Effective January 1, 2006.)
  74. 11909.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must express its acts by motion, resolution, or ordinance, and those actions are valid only if approved by enough affirmative votes from directors.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11909. The acts of the board shall be expressed by motion, resolution, or ordinance. No ordinance, resolution, or motion shall have any validity or effect unless passed by the affirmative votes of at least three directors of a five-ward district, or at least four directors of a seven-ward district. (Amended by Stats. 1987, Ch. 692, Sec. 9.)
  75. 11910.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may not pass an ordinance too soon after introduction or outside a regular or adjourned regular meeting, and ordinances must be published after passage.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11910. (a) No ordinance shall be passed by the board within five days of the day of its introduction or at any time other than a regular or adjourned regular meeting. All ordinances or summaries of ordinances shall be published after passage. (b) The publication of ordinances, as required by subdivision (a), may be satisfied by either of the following actions: (1) Within 15 days after adoption of the ordinance or amendment to an ordinance, the board of directors shall publish a summary of the ordinance or amendment with the names of those directors voting for and against the ordinance or amendment and the secretary shall post in the office of the secretary of the board of directors a certified copy of the full text of the adopted ordinance or amendment along with the names of those directors voting for and against the ordinance or amendment. (2) If the general manager determines that it is not feasible to prepare a fair and adequate summary of the adopted ordinance or amendment, and if the board of directors so orders, within 15 days after adoption of the ordinance or amendment to an ordinance, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those directors voting for and against the ordinance or amendment. (Amended by Stats. 2004, Ch. 118, Sec. 26. Effective January 1, 2005.)
  76. 11911.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Ordinances for a municipal utility district must use the specified enacting clause.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11911. The enacting clause of all ordinances shall be as follows: “Be it enacted by the board of directors of ________ municipal utility district:” (Enacted by Stats. 1951, Ch. 764.)
  77. 11912.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Ordinances must be signed by the board president or vice president and attested by the secretary.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Meetings and Legislation [11907 - 11912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 11912. All ordinances shall be signed by the president of the board or the vice president, and attested by the secretary. (Enacted by Stats. 1951, Ch. 764.)
  78. 11926.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11926. The board shall appoint and fix the salary of a general manager, who shall have full charge and control of the construction of the works of the district and of their maintenance and operation, and also of the administration of the business affairs of the district. (Enacted by Stats. 1951, Ch. 764.)
  79. 11927.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must appoint a general manager, and when other things are equal, the chosen person should have experience in municipal engineering or in constructing or managing public utilities.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11927. All other things being equal, the board shall appoint as general manager some person who has had experience in municipal engineering or in the construction or management of public utilities. (Enacted by Stats. 1951, Ch. 764.)
  80. 11928.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11928. The general manager need not be a resident of this State at the time of his appointment. (Enacted by Stats. 1951, Ch. 764.)
  81. 11929.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The general manager serves for an indefinite term and can be removed only by board resolution meeting the required vote threshold. If requested, the manager must get written reasons and a public hearing before the final removal vote. The board may suspend the manager during that hearing and may not cut salary below the original amount unless it follows the same vote and hearing requirements.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11929. The general manager shall hold office for an indefinite term and may be removed by the board only upon the adoption of a resolution by the affirmative vote of not less than three members of the board of a five-ward district, or four members of the board of a seven-ward district. Before the general manager may be removed, he shall, if he demands it, be given a written statement of the reasons alleged for his removal and he shall have the right to be publicly heard thereon at a meeting of the board prior to the final vote on the resolution providing for his removal, but pending and during such hearing the board may suspend him from office. The board may not reduce the salary of the general manager below the amount fixed at the time of his original appointment except upon the adoption of a resolution by a like vote and after a like opportunity to be heard. The action of the board in suspending or removing the general manager or reducing his salary, if approved by a majority of the membership of the board, is final. (Amended by Stats. 1973, Ch. 337.)
  82. 11930.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may choose whether to appoint a general manager during the district’s first six months of operating the specified utility services.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11930. Notwithstanding this article, until such time as the district has operated, controlled, or used works or parts of works for providing the inhabitants and public agencies within the boundaries of the district with the utility services, or any of them, specified in this division, for a period of six months, the board may or may not appoint a general manager, who during such time holds office at the pleasure of the majority of the board. (Enacted by Stats. 1951, Ch. 764.)
  83. 11931.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may appoint an accountant, a secretary, a treasurer, and an attorney.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11931. The board may appoint an accountant, a secretary, a treasurer, and an attorney, who shall hold office during the pleasure of the board. (Enacted by Stats. 1951, Ch. 764.)
  84. 11932.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11932. The attorney shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of his profession for not less than three years next preceding his appointment. (Enacted by Stats. 1951, Ch. 764.)
  85. 11933.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may appoint assistants for district officers, and those assistants may do the same acts as their principal if the board authorizes them.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11933. The board may also provide for assistants to any officer of the district who shall hold office at the pleasure of the board and may perform any and all acts that their principal may perform, when authorized so to do by the board. (Enacted by Stats. 1951, Ch. 764.)
  86. 11934.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    The board may consolidate any district offices in one person.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11934. The board may consolidate any of the district offices in one person. (Enacted by Stats. 1951, Ch. 764.)
  87. 11935.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    Appointive district officers must take, subscribe, and file their oath of office with the district secretary within 15 days after their term begins, after they are notified of their appointment.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11935. The oath of office of all appointive officers of the district shall be taken, subscribed, and filed with the secretary of the district at any time after the officer has notice of his appointment but not later than 15 days after the commencement of his term of office. No other filing is required. (Enacted by Stats. 1951, Ch. 764.)
  88. 11936.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    Each appointive officer must give a bond in an amount the board may require.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11936. Each appointive officer shall give such bond and in such amount as the board may require. (Enacted by Stats. 1951, Ch. 764.)
  89. 11937.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The general manager has power to enforce district ordinances and manage district administration, including appointments, removals, reports, planning, and other duties set by the board.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11937. The powers of the general manager are: (a) To see that all ordinances of the district are enforced. (b) To administer the civil service system of the district and, except as otherwise provided in this division, to appoint to the positions created by the board which are subject to the civil service provisions of this division, such employees as are necessary for the administration of the affairs of the district, and to remove such employees, in accordance with the provisions of the civil service system. (c) To attend all meetings of the board and submit a general report of the affairs of the district. (d) To keep the board advised as to the needs of the district. (e) To prepare or cause to be prepared all plans and specifications for the construction of the works of the district. (f) To devote his entire time to the business of the district. (g) To perform such other and additional duties as the board may require. (Enacted by Stats. 1951, Ch. 764.)
  90. 11938.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    The general manager must arrange publication of a financial report summary within 90 days after each fiscal year ends.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11938. The general manager shall within 90 days from the end of each fiscal year cause to be published a summary of the financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally. (Amended by Stats. 2009, Ch. 332, Sec. 79.1. (SB 113) Effective January 1, 2010.)
  91. 11939.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    The district attorney must handle the district’s legal matters, give written advice when the board asks, serve as legal adviser to district officers, and prepare and approve district legal documents.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11939. The attorney shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. He shall give his advice or opinion in writing whenever required by the board. He shall be the legal adviser of the general manager and other district officers and shall prepare and approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. He shall perform such other and additional services as the board may require. (Enacted by Stats. 1951, Ch. 764.)
  92. 11940.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The accountant must keep and maintain an auditing and accounting system, prepare payment documents for district demands, and do other duties the board requires.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11940. The accountant shall install and maintain a system of auditing and accounting which shall completely and at all times show the financial condition of the district and provide reasonable assurance that the financial transactions of the district were executed in accordance with the instructions of the board. The accountant shall prepare all instruments necessary for the payment of demands against the district in accordance with the instructions of the board. The accountant shall perform such other duties as the board may require. (Amended by Stats. 1985, Ch. 985, Sec. 27.)
  93. 11941.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The district treasurer must hold district funds, pay authorized demands after the accountant determines they are authorized, and keep records of all receipts and disbursements.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11941. The treasurer shall be the custodian of the funds of the district and shall make payments and execute instruments for the payment of demands against the district after determination by the accountant that the demands are authorized. The treasurer shall keep an account of all receipts and disbursements. (Amended by Stats. 1985, Ch. 985, Sec. 28.)
  94. 11942.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    With board consent, the treasurer may place district securities with a qualifying bank trust department or trust company and must take a receipt; the custodian must follow the treasurer’s instructions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Other Officers [11926 - 11942] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 11942. With the consent of the board, the treasurer may: (a) Authorize the trust department of any state or national bank, or a trust company authorized to act as such, to receive as his agent deposits of any securities acquired by the district. (b) Place and maintain for safekeeping as a trust deposit with the trust department of any state or national bank, or a trust company authorized to act as such, any securities owned by the district. The bank or trust company selected shall have a total paid-in capital of at least one million dollars ($1,000,000). The treasurer shall take from the trust department or trust company a receipt for the securities, and neither the treasurer nor the district is responsible for the custody and safe return of the securities until they are withdrawn from the trust department or trust company by the treasurer. Any trust department or trust company to which securities are delivered, either as agent or depositary for the treasurer, shall make such disposition of the securities as the treasurer directs and is responsible only for strict compliance with written instructions given to it by the treasurer. All such securities are at all times subject to the order of the treasurer. (Amended by Stats. 1961, Ch. 1129.)
  95. 11950.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Initiative and Referendum [11950- 11950.] ( Article 7 added by Stats. 1979, Ch. 900. )

    Verify source ↗

    The initiative and referendum provisions of the Elections Code apply to every municipal utility district.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Internal Organization of Districts [11801 - 11950] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Initiative and Referendum [11950- 11950.] ( Article 7 added by Stats. 1979, Ch. 900. ) ## 11950. The initiative and referendum provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code shall apply to every municipal utility district. (Amended by Stats. 1994, Ch. 923, Sec. 182. Effective January 1, 1995.)
  96. 12.

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

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    This section says that, for interpretation, the masculine gender also includes the feminine and the neuter.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 12. The masculine gender includes the feminine and the neuter. (Enacted by Stats. 1951, Ch. 764.)
  97. 12.2.

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

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    “Spouse” includes “registered domestic partner.”

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 12.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 93. (SB 1005) Effective January 1, 2017.)
  98. 120000.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 1. General Provisions and Definitions [120000 - 120001] ( Chapter 1 added by Stats. 1975, Ch. 294. )

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    This division is known as the Mills-Deddeh Transit Development Act and may be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 1. General Provisions and Definitions [120000 - 120001] ( Chapter 1 added by Stats. 1975, Ch. 294. ) ## 120000. This division shall be known and may be cited as the Mills-Deddeh Transit Development Act. (Added by Stats. 1975, Ch. 294.)
  99. 120001.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 1. General Provisions and Definitions [120000 - 120001] ( Chapter 1 added by Stats. 1975, Ch. 294. )

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    “Board” means a county transit development board created under Chapter 2.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 1. General Provisions and Definitions [120000 - 120001] ( Chapter 1 added by Stats. 1975, Ch. 294. ) ## 120001. As used in this division, “board” means a county transit development board created pursuant to Chapter 2 (commencing with Section 120050). (Added by Stats. 1975, Ch. 294.)
  100. 120050.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. )

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    This section establishes the San Diego Metropolitan Transit Development Board, also called the San Diego Metropolitan Transit System, and treats the board as a rapid transit district and a public agency for specified legal purposes.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. ) ## 120050. (a) There is hereby established the San Diego Metropolitan Transit Development Board in that portion of the County of San Diego as described in Section 120054. (b) The board shall also be known as the San Diego Metropolitan Transit System. Any reference in law to the board shall be construed to include a reference to the San Diego Metropolitan Transit System. (c) (1) The board shall be considered a rapid transit district for the purposes set forth in Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. (2) The board shall be included within the meaning of “public agency,” as defined in Section 1450 of the Streets and Highways Code. (Amended by Stats. 2019, Ch. 636, Sec. 2. (AB 1810) Effective January 1, 2020.)
  101. 120050.2.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. )

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    The board’s chairperson is chosen by a two-thirds board vote when a quorum is present and serves a two-year term, but can be removed earlier by a similar vote.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. ) ## 120050.2. The board consists of 15 members selected as follows: (a) One member of the County of San Diego Board of Supervisors, appointed by the board of supervisors. (b) One member of each city council appointed individually by the city councils of the Cities of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, and Santee. (c) Four members of the City Council of the City of San Diego, one of whom shall be the mayor, and two members of the City Council of the City of Chula Vista, one of whom shall be the mayor, each appointed by their respective city council. (d) The chairperson of the board shall be selected by a two-thirds vote of the board, a quorum being present. The chairperson shall serve for a term of two years, except that he or she is subject to removal at any time by a two-thirds vote of the board, a quorum being present. (Amended by Stats. 2017, Ch. 658, Sec. 1. (AB 805) Effective January 1, 2018.)
  102. 120051.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. )

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    A specified board of supervisors member must represent one of the two supervisorial districts with the largest share of area in the incorporated part of San Diego County within the transit development board’s jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. ) ## 120051. The member of the board of supervisors appointed pursuant to subdivision (a) of Section 120050.2 shall represent one of the two supervisorial districts with the greatest percentage of its area within the incorporated area of the County of San Diego within the area under the jurisdiction of the transit development board as defined in Section 120054. (Amended by Stats. 2003, Ch. 594, Sec. 4. Effective January 1, 2004.)
  103. 120051.6.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. )

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    County and city governing bodies must appoint alternate members to the transit development board, and may appoint a second alternate in some cases.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. ) ## 120051.6. The alternate members of the board shall be appointed as follows: (a) The County of San Diego Board of Supervisors shall appoint a county supervisor, not already appointed under Section 120051, who represents one of the two supervisorial districts with the greatest percentage of its area within the incorporated area of the County of San Diego within the area under the jurisdiction of the transit development board as defined in Section 120054, to serve as an alternate member of the transit development board. (b) The city councils of the cities specified in subdivision (b) or (c) of Section 120050.2 shall each individually appoint a member of their respective city councils not already appointed pursuant to subdivision (b) or (c) of Section 120050.2 to serve as an alternate member of the transit development board for each member of the city on the board. (c) At its discretion, a city council or the county board of supervisors may appoint a second alternate member, in the same manner as first alternates are appointed, to serve on the board in the event that neither a member nor the alternate member is able to attend a meeting of the board. (d) An alternate member and second alternate member shall be subject to the same restrictions and shall have the same powers, when serving on the board, as a member. (Amended by Stats. 2017, Ch. 658, Sec. 4. (AB 805) Effective January 1, 2018.)
  104. 120054.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    This section defines the board’s area by listing the cities and unincorporated areas included in it, with one exception tied to Section 125052.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 2. Creation of Boards [120050 - 120054] ( Chapter 2 added by Stats. 1975, Ch. 294. ) ## 120054. The area of the board shall consist of all of the following: (a) The Cities of Chula Vista, Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, San Diego, and Santee. (b) All of the unincorporated area of the County of San Diego, except as otherwise included within the North San Diego County Transit Development Board in Section 125052. (c) All the unincorporated area of the County of San Diego surrounded by the cities specified in subdivisions (a) and (b). (Amended by Stats. 2003, Ch. 594, Sec. 7. Effective January 1, 2004.)
  105. 1201.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    Grade crossings involving roads and railroad tracks require the commission’s permission first.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1201. No public road, highway, or street shall be constructed across the track of any railroad corporation at grade, nor shall the track of any railroad corporation be constructed across a public road, highway, or street at grade, or shall the track of any railroad corporation be constructed across the track of any other railroad or street railroad corporation at grade, nor shall the track of a street railroad corporation be constructed across the track of a railroad corporation at grade, without having first secured the permission of the commission. This section shall not apply to the replacement of lawfully existing tracks. The commission may refuse its permission or grant it upon such terms and conditions as it prescribes. (Enacted by Stats. 1951, Ch. 764.)
  106. 1201.1.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    The commission must adopt rules and regulations setting uniform standards for when traffic enforcement begins after a railroad crossing warning signal starts.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1201.1. The commission, in consultation with the Department of Transportation, shall adopt rules and regulations prescribing uniform standards regarding the time after the warning signal begins at a railroad crossing at which traffic enforcement shall begin, after public hearings and consultation with transit districts or transportation commissions and multicounty rail transit entities established under Division 12 (commencing with Section 130000), that provide rail transportation. (Added by Stats. 1999, Ch. 841, Sec. 3. Effective January 1, 2000.)
  107. 1201.2.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A railroad crossing application must include specified location, map, profile, permit, and safety/regulatory information, and the commission may require additional information.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1201.2. An application for a railroad crossing submitted pursuant to Sections 1201 to 1205, inclusive, shall, at a minimum, include all of the following information: (a) A description of the location of the proposed crossing and plans of suitable scale that show all of the features of the crossing, including, but not limited to, streets, roads, tracks, and safety devices, and the location of any buildings, structures, or obstructions in the vicinity of the proposed crossing. (b) A map of suitable scale (1,000 to 3,000 feet per inch) showing the relation of the proposed crossing to existing roads and railroads in the general vicinity of the proposed crossing. (c) A profile showing the ground line and grade line and rate of grades of approach on all highways and railroads affected by the proposed crossing. (d) A copy of the franchise or permit that allows the railroad to cross the public road, highway, or street involved, if so required, from the authority having jurisdiction. (e) Any applicable safety and regulatory measures required pursuant to Section 309.7, Section 778, Sections 1201 to 1205, inclusive, or Section 99152, and any other information the commission may require. (Added by Stats. 2025, Ch. 224, Sec. 1. (SB 544) Effective January 1, 2026.)
  108. 120100.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must elect a vice chair at its first meeting and every year at the first January meeting.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120100. The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a vice chair who shall preside in the absence of the chair. In the event of the absence or inability to act by the chair or vice chair, the chair pro tempore shall preside. (Amended by Stats. 2005, Ch. 557, Sec. 3. Effective October 5, 2005.)
  109. 120101.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must establish rules for its proceedings.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120101. The board shall establish rules for its proceedings. (Added by Stats. 1975, Ch. 294.)
  110. 120102.5.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must adopt procedures for this section, and board actions generally need a quorum and an affirmative majority vote. A weighted vote can be called by members of any two jurisdictions after a vote is taken.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120102.5. (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions. (b) In the case of a weighted vote, the County of San Diego and each city shall, in total, exercise 100 votes to be apportioned annually based on population, except in the case of the City of San Diego. Each of the four representatives of the City of San Diego shall exercise 121/2 weighted votes, for a total of 50 votes. The representatives for the City of Chula Vista shall split the votes allocated to that city evenly among its representatives. (c) Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede the original action of the board. (d) If a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote. (e) For purposes of subdivision (b), the population of the County of San Diego is the population in the unincorporated area of the county within the area of jurisdiction of the transit development board pursuant to Section 120054. (f) The board shall adopt a policy and procedure to implement this section. (Amended by Stats. 2018, Ch. 92, Sec. 181. (SB 1289) Effective January 1, 2019.)
  111. 120103.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120103. The acts of the board shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1975, Ch. 294.)
  112. 120104.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must conduct all meetings as required by the Ralph M. Brown Act.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120104. All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code). (Added by Stats. 1975, Ch. 294.)
  113. 120105.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must perform several governance and operational duties, including budgeting, adopting rules, arranging audits, and managing transit guideway operations.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120105. The board shall perform the following duties: (a) Determine whether to operate exclusive public mass transit guideways or to let contracts for their operation in conformity with state labor laws and subdivision (d) of Section 120508. (b) Determine the means to finance the operation of public mass transit guideways. (c) Adopt an annual budget and fix the compensation of its officers and employees. (d) Adopt an administrative code, by ordinance, that shall prescribe the powers and duties of board officers, the method of appointment of board employees, and methods, procedures, and systems of operation and management of the board. The administrative code shall also provide for, among other things, the appointment of a general manager or chief executive officer, and the organization of the employees of the board into units for finance and administration, planning and operations, property acquisition and management, and community relations, and other units as the board deems necessary. (e) Cause a postaudit of the financial transactions and records of the board to be made at least annually by a certified public accountant. (f) Adopt all ordinances and make all rules and regulations proper or necessary to regulate the use, operation, and maintenance of its property and facilities, including its public transit systems and related transportation facilities and services operating within its area of jurisdiction, and to carry into effect the powers granted to the board. (g) Appoint such advisory commissions as it deems necessary. (h) Do any and all things necessary to carry out the purposes of this division. (Amended by Stats. 2005, Ch. 557, Sec. 4. Effective October 5, 2005.)
  114. 120105.5.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must appoint a general manager or chief executive officer who has experience managing, planning, and developing urban mass transportation systems.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120105.5. The board shall appoint a general manager or chief executive officer with experience in the management, planning, and development of urban mass transportation systems. (Amended by Stats. 2004, Ch. 615, Sec. 11. Effective January 1, 2005.)
  115. 120106.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    Notice of the public hearing for adopting the annual budget must be published at least 15 days before the hearing, and the proposed budget must be available for public inspection at least 15 days before the hearing.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120106. Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing. The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 1975, Ch. 294.)
  116. 120107.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    Board members must be compensated for attending board and committee meetings, and the board must fix the compensation amounts by ordinance after a public hearing.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120107. (a) Each member of the board, including alternate members appointed pursuant to Section 120051.6 when serving in the absence of a regular member, shall be compensated for each day the member attends meetings of the board and committees of the board, not to exceed six committee meetings in any one quarter, and for his or her necessary and reasonable expenses in performing his or her duties as a board member. (b) In addition, the board may, by resolution, authorize and designate members and alternates to be compensated for representing the board by attendance at specified meetings of other governmental entities and public agencies. (c) The board shall, by ordinance, after a public hearing, fix the amounts of compensation payable pursuant to subdivisions (a) and (b). (Amended by Stats. 1987, Ch. 142, Sec. 1.)
  117. 120108.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must keep accounting records and report accounting transactions under GASB accounting principles, including separate reporting of certain board-owned or controlled nonprofit or other entities in the annual report to the Controller.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120108. The board shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles as adopted by the Government Accounting Standards Board (GASB) of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller. The activities of any nonprofit corporation or other legal entity wholly owned or controlled by the board and operating a public transit system shall be reported separately in the board’s annual report to the Controller. (Added by Stats. 1986, Ch. 864, Sec. 2.)
  118. 120109.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board clerk must publish proposed and adopted ordinances in a newspaper of general circulation, and the ordinance may instead be handled through a summary or a display advertisement under specified conditions.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 3. Administration [120100 - 120109] ( Chapter 3 added by Stats. 1975, Ch. 294. ) ## 120109. (a) The clerk of the board shall cause a proposed ordinance or proposed amendment to an ordinance, and any ordinance adopted by the board, to be published at least once, in a newspaper of general circulation published and circulated in the board’s area of jurisdiction. (b) The publication of an ordinance, as required by subdivision (a), may be satisfied by either of the following actions: (1) The board may publish a summary of a proposed ordinance or proposed amendment to an ordinance. The summary shall be prepared by a person designated by the board. The summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the clerk of the board at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, the board shall publish a summary of the ordinance or amendment with the names of those board members voting for and against the ordinance or amendment and the clerk shall post in the office of the clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those board members voting for and against the ordinance or amendment. (2) If the person designated by the board determines that it is not feasible to prepare a fair and adequate summary of the proposed ordinance or amendment, and if the board so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the board’s area of jurisdiction shall be published at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information regarding, the adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those board members voting for and against the ordinance or amendment. (Added by Stats. 1990, Ch. 1397, Sec. 2.)
  119. 1202.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission has exclusive power over specified railroad crossing matters, including setting crossing terms, changing or closing crossings, requiring grade separations, and approving and supervising pilot projects for crossing safety measures.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202. The commission has the exclusive power: (a) To determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use, and protection of each crossing of one railroad by another railroad or street railroad, of a street railroad by a railroad, of each crossing of a public or publicly used road or highway by a railroad or street railroad, and of a street by a railroad or of a railroad by a street. (b) To alter, relocate, or abolish by physical closing any crossing set forth in subdivision (a). (c) To require, where in its judgment it would be practicable, a separation of grades at any crossing established and to prescribe the terms upon which the separation shall be made and the proportions in which the expense of the construction, alteration, relocation, or abolition of crossings or the separation of grades shall be divided between the railroad or street railroad corporations affected or between these corporations and the state, county, city, or other political subdivision affected. (d) To authorize on an application-by-application basis and supervise the operation of pilot projects to evaluate proposed crossing warning devices, new technology, or other additional safety measures at designated crossings, with the consent of the local jurisdiction, the affected railroad, and other interested parties, including, but not limited to, represented railroad employees. (Amended by Stats. 2017, Ch. 425, Sec. 10. (SB 385) Effective January 1, 2018.)
  120. 1202.05.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must create and run a pilot or limited demonstration and research project on colored pavement markings at one or more at-grade highway-railroad crossings by January 1, 2026, if federal law allows it, and must report its findings to the Legislature within one year after the project ends.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.05. (a) To the extent permitted by federal law or regulation, the commission shall develop and implement a pilot or limited demonstration and research project for colored pavement markings at one or more at-grade highway-railroad crossings no later than January 1, 2026, to measure and evaluate the effectiveness of such a project to reduce incidents. The commission shall report its findings to the Legislature no later than one year after project completion, in compliance with Section 9795 of the Government Code. (b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2023, Ch. 288, Sec. 1. (SB 506) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions.)
  121. 1202.1.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If the parties disagree about railroad crossing cost apportionment and the applicant is willing to advance needed funds, the commission must quickly hold a hearing, issue an interim decision within 20 days on specified issues, and later decide 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.1. In any proceeding under Section 1202, where the application to the commission states that the parties are not in agreement as to apportionment of costs, but the applicant is willing to advance the amount of money reasonably necessary to enable the respondent to complete the work to be done by it, the commission shall set the application for hearing as soon as its calendar permits on all of the following questions: (a) The necessity for the project. (b) The approval of the location and the engineering plans, including provisions for handling traffic during construction and the work to be performed by each party. (c) The sum to be advanced by the applicant for the work to be done by the respondent. The commission shall render as promptly as possible an interim decision effective within 20 days on the questions, reserving for a later hearing and decision the question of apportionment of costs. The decision shall also order the respondent to proceed upon receipt of the sum to be advanced by the applicant without delay to perform the work to be done by the respondent, integrating the work with that of the applicant or its contractor in such manner that neither will unreasonably obstruct or delay the work of the other, to the end that the people of the state may have the use of the project at the earliest possible date. In the event of the failure or refusal of the respondent to grant a right of entry to permit the applicant to proceed with the work to be performed by it or its contractor, the applicant may, pursuant to Section 19 of Article I of the Constitution, obtain an order of immediate possession in a court of competent jurisdiction if a condemnation action has previously been filed in that court, or file the action and obtain an order of immediate possession in the event the action has not previously been filed. Upon obtaining the order, the applicant may proceed in the same manner as if a right of entry had been granted, and the respondent shall proceed with its own work and integrate it with that of the applicant or its contractor. In the final decision apportioning costs, the commission shall credit the sum advanced by the applicant against the applicant’s share of the costs. In the final decision, the commission shall also credit against the applicant’s share of the costs any increases in those costs found by the commission to be directly attributable to the respondent’s willful failure or refusal, after the effective date of the interim decision, to proceed with its own work or to integrate its work with that of the applicant or its contractor. (Amended by Stats. 1984, Ch. 144, Sec. 167.)
  122. 1202.2.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must apportion maintenance costs for certain automatic grade-crossing protection the same way the construction cost was divided, unless the affected parties agree otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.2. In apportioning the cost of maintenance of automatic grade-crossing protection constructed or altered after October 1, 1965 under Section 1202, as between the railroad or street railroad corporations and the public agencies affected, the commission shall divide such maintenance cost in the same proportion as the cost of constructing such automatic grade-crossing protection is divided. The liability of cities, counties and cities and counties to pay the share of maintenance costs assigned to such local agencies by the commission shall be limited to funds set aside for allocation to the commission pursuant to Section 1231.1. The railroad or street railroad corporations and the public agencies affected may agree on a different division of maintenance costs. If the public agency affected agrees to assume a greater proportion of the cost of maintenance than the apportionment of the cost of construction, the difference shall be paid by the public agency from funds other than the State Highway Fund or any other state fund. (Added by Stats. 1965, Ch. 1644.)
  123. 1202.3.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may allocate improvement costs to a county, city, or other political subdivision for certain railroad crossing cases, but if specified conditions are not met it must order the crossing closed.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.3. Notwithstanding any other provision of this chapter, in any proceeding under Section 1202, in the case of a crossing involving a publicly used road or highway not on a publicly maintained road system, the commission may apportion expense for improvements to the county in the case of unincorporated territory, city or other political subdivision if the commission finds (a) that the owner or owners of private property served by such publicly used crossing agree to expressly dedicate and improve, and the affected public agency agrees to accept, a right-of-way or roadway over such property for a reasonable distance from such crossing as determined by the commission, or (b) that a judicial determination of implied dedication of such road or highway over the railroad right-of-way to public use, based on public user in the manner and for the time required by law, has taken place. If neither of these conditions is found to exist, the commission shall order the crossing abolished by physical closing. In no event shall a railroad be required to bear costs for the improvement of a publicly used crossing in excess of what it would be required to bear in connection with the improvement of a public street or highway crossing. (Added by Stats. 1971, Ch. 1477.)
  124. 1202.4.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If a city or county adopts a qualifying railroad-crossing mobility plan, the commission must provide an engineer to help with safety review before the application is filed.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.4. If a city or county develops and adopts, by resolution upon a majority vote of the city council or the board of supervisors, a plan to improve mobility for multimodal access that calls for new or modified railroad crossings, the commission shall make an engineer available from the Rail Crossings and Engineering Branch to assist and advise that city or county on the safety of the planned railroad crossings before the filing of an application to the commission for the approval of the new or modified railroad crossings. (Added by Stats. 2019, Ch. 233, Sec. 1. (AB 1017) Effective January 1, 2020.)
  125. 1202.5.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section tells the commission how to split grade-separation costs between railroads and public agencies, with different rules depending on who initiated the project and whether a crossing is eliminated.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.5. In prescribing the proportions in which the expense of construction, reconstruction, alteration, or relocation of grade separations shall be divided between railroad or street railroad corporations and public agencies, in proceedings under Section 1202, the commission, unless otherwise provided in this section, shall be governed by the following standards: (a) Where a grade separation project, whether initiated by a public agency or a railroad, will not result in the elimination of an existing grade crossing, located at or within a reasonable distance from the point of crossing of the grade separation, the commission shall require the public agency or railroad applying for authorization to construct such grade separation to pay the entire cost. (b) Where a grade separation project initiated by a public agency will directly result in the elimination of one or more existing grade crossings, located at or within a reasonable distance from the point of crossing of the grade separation, the commission shall apportion against the railroad 10 percent of the cost of the project. The remainder of such costs shall be apportioned against the public agency or agencies affected by such grade separation. (c) Where a grade separation project initiated by a railroad will directly result in the elimination of an existing grade crossing, located at or within a reasonable distance from the point of crossing of the grade separation, the commission shall apportion 10 percent of the cost, attributable to the presence of the highway facilities, against the public agency or agencies affected by the project, and the remainder thereof to the railroad or railroads applying for authorization to construct such grade separation. (d) Where the project consists of an alteration or reconstruction of an existing grade separation for the purpose of increasing the capacity of the structure for highway purposes, the commission shall apportion 10 percent of the cost against the railroad and the balance against the public agency or agencies affected by the grade separation. There shall be no apportionment of cost to the railroad if it did not bear any of the cost of the original project, in which case the public agency or agencies shall pay 100 percent of the cost of the alteration or reconstruction of the grade separation. An allocation of funds set aside pursuant to Section 190 of the Streets and Highways Code may be made for such a project notwithstanding subdivision (d) of Section 2454 of the Streets and Highways Code. Where the project consists of an alteration or reconstruction of an existing grade separation for the purpose of increasing the capacity of the structure for railway purposes, the commission shall apportion 10 percent of the cost against the public agency or agencies affected and the balance against the railroad applying for authorization to alter or reconstruct the grade separation. There shall be no apportionment of cost to the public agency or agencies if the agency or agencies did not bear any of the cost of the original project, in which case the railroad shall pay 100 percent of the cost of the alteration or reconstruction of the grade separation. (e) In the event the commission finds that a particular project does not clearly fall within the provisions of any one of the above categories, the commission shall make a specific finding of fact on the relation of the project to each of the categories, and in apportioning the costs, it shall assess against the railroad a reasonable percentage, if any, of the cost not exceeding the percentage specified in subdivision (b), dependent on the findings of the commission with respect to the relation of the project to each category. The remainder of such cost shall be apportioned against the public agency or agencies affected by the project. (f) In the event the commission finds that the respective shares of any apportionment should be divided between two or more railroads or two or more public agencies, the commission, to the extent that it has jurisdiction to do so in a particular proceeding before it, shall divide the shares between the railroads or the public agencies, or both, on any reasonable basis, to be decided by the commission, but in so doing shall follow the standards hereinabove prescribed for apportionment between railroads and public agencies, respectively. (g) The standards herein prescribed for apportionment of costs of grade separations shall not be applicable where federal funds are used. On such projects, the apportionments shall be in accordance with federal law and the rules, regulations, and orders of the federal agency administering such law, where applicable. (h) No provision of this section or of the Public Utilities Code shall be construed as in any way limiting the right of public agencies or railroads to negotiate agreements apportioning costs of grade separations, and the validity of any and all such agreements is hereby recognized for all purposes regardless whether the method of apportionment prescribed therein conforms to the standards hereinabove prescribed. As used in this section “public agency” includes a separation of grade district, as well as the state, a county, city, or other political subdivision. (Amended by Stats. 1991, Ch. 1035, Sec. 1.)
  126. 1202.6.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Certain public entities may pay some or all of a railroad’s share of a grade separation project, and may join the cost negotiations and agreement if they choose to pay.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.6. Any municipal corporation, transit district, rapid transit district, or other public entity which provides rail passenger transportation services through a contract with a railroad corporation, may pay all or part of the share of a grade separation project allocated to such railroad corporation, or all or part of such share of a project’s cost negotiated and agreed upon as the railroad’s share by the railroad and a public agency or agencies pursuant to subdivision (h) of Section 1202.5. In any case where the municipal corporation, transit district, rapid transit district, or other public entity agrees to pay all or part of the railroad’s share, it may enter into the negotiations allocating costs and may be a party to the agreement assessing such costs. (Added by Stats. 1970, Ch. 961.)
  127. 1202.7.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    When certain recently installed grade-crossing safety signal equipment is removed for upgrade or closure projects, and the commission finds it meets new-equipment standards and is safe, it must be made available for reuse to specified recipients.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1202.7. Whenever existing automatic grade-crossing safety signal equipment that was installed within the previous 10 years is planned for removal due to upgrade or closure projects undertaken pursuant to Section 130 of Title 23 of the United States Code, and the commission determines that it will meet the same performance criteria and inspection standards as new equipment and therefore be safe to use, the signal equipment shall be made available to the following: (a) With the consent of the participating railroad, to a state agency designated by the commission, for storage and potential use at a railroad crossing currently nominated by the commission for funding to eliminate hazards of railway-highway crossings pursuant to Section 130 of Title 23 of the United States Code. (b) To other railroads for use at other railway-highway crossings within the state. (Added by Stats. 2006, Ch. 885, Sec. 2. Effective September 30, 2006.)
  128. 120200.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 1. Corporate Powers [120200 - 120202] ( Article 1 added by Stats. 1975, Ch. 294. )

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    The board has perpetual succession and may adopt and alter a seal.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 1. Corporate Powers [120200 - 120202] ( Article 1 added by Stats. 1975, Ch. 294. ) ## 120200. The board has perpetual succession and may adopt a seal and alter it at its pleasure. (Added by Stats. 1975, Ch. 294.)
  129. 120201.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 1. Corporate Powers [120200 - 120202] ( Article 1 added by Stats. 1975, Ch. 294. )

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    The board may sue and be sued, unless another law provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 1. Corporate Powers [120200 - 120202] ( Article 1 added by Stats. 1975, Ch. 294. ) ## 120201. The board may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1975, Ch. 294.)
  130. 120202.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 1. Corporate Powers [120200 - 120202] ( Article 1 added by Stats. 1975, Ch. 294. )

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    Board employees and the board’s sole-member nonprofit public benefit corporation get the same listed immunities, exemptions, and benefits that apply to public agency personnel performing their functions.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 1. Corporate Powers [120200 - 120202] ( Article 1 added by Stats. 1975, Ch. 294. ) ## 120202. (a) All of the privileges, immunities from liability, and exemptions from laws, ordinances, and rules, and all pension, relief, disability, workers’ compensation, and other benefits that apply to the activity of officers, agents, or employees of a public agency when performing their respective functions shall apply to employees of the board, and to any nonprofit public benefit corporation of which the board is the sole member. (b) All claims for money or damages against the board or its employees, and against any nonprofit public benefit corporation of which the board is the sole member or the employees of that corporation, shall be governed by Part 1 (commencing with Section 810), Part 2 (commencing with Section 814), Part 3 (commencing with Section 900), and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code applicable to public agencies and their employees, or by other statutes or regulations expressly applicable thereto. (Repealed and added by Stats. 2005, Ch. 557, Sec. 6. Effective October 5, 2005.)
  131. 120220.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

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    The board may make contracts and stipulations of any kind, including for eminent domain matters, indemnity, labor, and other acts needed to exercise its powers.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120220. The board may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this division. (Amended by Stats. 2005, Ch. 557, Sec. 7. Effective October 5, 2005.)
  132. 120220.5.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

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    The board may arrange for a security force and may contract for security, police, and related services.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120220.5. The board may provide and maintain by contract with a public agency or by other means, a security force to enforce its regulations, to preserve and protect any public transit system or project financed pursuant to this division, and to preserve and protect the public peace, health, and safety with respect to its system or projects. Alternatively, the board may contract with a private patrol operator licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, with the county sheriff and municipal police departments within the areas described in Section 120054, and with other transit development boards for security, police, and related services. (Added by Stats. 2005, Ch. 557, Sec. 8. Effective October 5, 2005.)
  133. 120221.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may enter contracts with U.S. departments or agencies, public agencies, or any person if it decides the terms are in its best interest.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120221. The board may contract with any department or agency of the United States of America, with any public agency, or with any person upon such terms and conditions as the board finds is in its best interest. (Added by Stats. 1975, Ch. 294.)
  134. 120221.5.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

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    The board may not award a construction contract over $1,000,000 unless the entity gives an enforceable commitment to use a skilled and trained workforce, subject to listed exceptions.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120221.5. The board shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the board an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (a) This subdivision shall not apply if any of the following requirements are met: (1) The board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the board has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the board before January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (Added by Stats. 2017, Ch. 658, Sec. 6. (AB 805) Effective January 1, 2018.)
  135. 120222.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must use competitive procurement rules for certain contracts and keep acquisition guidelines.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120222. (a) The Legislature finds and declares that a compelling interest exists in ensuring that all federal, state, local, and private funds available to the board are captured and used in a timely manner. In order to maximize the use of federal, state, local, and private funds and to maintain a competitive posture in seeking supplemental federal funds, the board may establish and use a flexible contracting process to maximize its efficient use of public funds. (b) Except in cases when an article of a specified brand or trade name is the only article that will properly meet the needs of the board or in an emergency declared by the vote of two-thirds of the membership of the board, all contracts for the acquisition or lease of materials, supplies, or equipment in an amount of one hundred fifty thousand dollars ($150,000), or in excess of that amount as authorized by the board, shall be made or entered into with the lowest responsible bidder meeting specifications. For purposes of determining the lowest bid, the amount of sales tax shall be excluded from the total amount of the bid. When the expected purchase amount of the contract equals or exceeds five thousand dollars ($5,000) and is less than one hundred fifty thousand dollars ($150,000), the board shall seek a minimum of three quotations, either written or oral, to permit comparison of prices and other terms. (c) Except in cases of an emergency declared by the vote of two-thirds of the membership of the board, the board shall for all contracts for the acquisition of services that exceed one hundred fifty thousand dollars ($150,000), that will not be performed by an entity described in Section 120221.5, and that are not within a category of services defined in Section 4525 of the Government Code, solicit bids in writing and award the contract in a competitive procurement process that is in the best interest of the board, including, but not limited to, a negotiated procurement that may evaluate price as a consideration. When the expected amount of the service contract equals or exceeds five thousand dollars ($5,000) and does not exceed one hundred fifty thousand dollars ($150,000), the board shall seek a minimum of three quotations, either written or oral, to permit comparison of prices and other terms. (d) The board shall award contracts for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services that are in excess of one hundred fifty thousand dollars ($150,000) in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (e) Notwithstanding this chapter, the board may use any procurement method authorized for state or local agencies under state or federal law, including, but not limited to, a competitive negotiation process in accordance with the provisions of Article 7.5 (commencing with Section 20216) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. The board shall maintain acquisition and contracting guidelines and comply with those guidelines in the procurement of all goods and services. (f) Provisions in any federally funded contract concerning disadvantaged business enterprises that are in accordance with the request for proposals shall not be subject to negotiation with the successful bidder. (Amended by Stats. 2022, Ch. 110, Sec. 1. (AB 1833) Effective January 1, 2023.)
  136. 120223.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may buy supplies, equipment, or materials in the open market without following the usual contract, bid, or advertisement rules if it meets one of two voting-and-bidding conditions.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120223. (a) If, after rejecting bids received under Section 120222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion, the supplies, equipment, or materials may be purchased at a lower price in the open market, the board may proceed to purchase these supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements. (b) If, after solicitation of bids under Section 120222, the board determines and declares by a majority vote that it has not received a responsive bid, the board may proceed to purchase the supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements. (Amended by Stats. 1982, Ch. 1313, Sec. 5.)
  137. 120224.1.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

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    The general manager or chief executive officer may authorize certain emergency spending for direct purchases of goods and services if remedial measures are needed and other remedies are inadequate. Afterward, they must report to the board explaining why the action was necessary.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120224.1. (a) Upon determining that immediate remedial measures to avert or alleviate damage to, or to repair or restore damaged or destroyed property of, the board are necessary in order to insure that the facilities of the board are available to serve the transportation needs of the general public or to comply with any state or federal regulation with respect to the operation of public transportation services, and upon determining that available remedial measures, including procurement in compliance with Sections 120222, and 120223, are inadequate, the general manager or chief executive officer may authorize the expenditure of money previously appropriated by the board specifically for the direct purchases of goods and services, without observance of the provisions of those sections. (b) The general manager or chief executive officer, after the expenditure authorized under subdivision (a) has been made, shall submit to the board a full report explaining the necessity for that action. (Amended by Stats. 2005, Ch. 557, Sec. 11. Effective October 5, 2005.)
  138. 120224.2.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may authorize prototype equipment or modifications for operational testing if two-thirds of the board finds ordinary procurement under Sections 120222 and 120223 is not adequate.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120224.2. Notwithstanding Section 120222 and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections 120222 and 120223 does not constitute a method of procurement adequate for the operation of board facilities or equipment, the board may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further observance of any provisions requiring contracts, bids, or advertisements. (Added by Stats. 1982, Ch. 1313, Sec. 8.)
  139. 120224.3.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

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    The board may approve certain purchases without following contract, bid, or advertisement requirements if specific findings are made.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120224.3. Notwithstanding Section 120222, the board may direct the purchase of any supply, equipment, or materials without observance of any provision requiring contracts, bids, or advertisements upon a finding by two-thirds of all members of the board that there is only a single source of procurement therefor and that the purchase is for the sole purpose of duplicating, repairing, or replacing supply, equipment, or materials that are in use, including upgrades or migrations of proprietary intellectual property. (Amended by Stats. 2005, Ch. 557, Sec. 12. Effective October 5, 2005.)
  140. 120224.4.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    This section lets certain bidders or proposal submitters protest a procurement, but it requires specific filing deadlines and a written protest statement.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120224.4. (a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted in accordance with Sections 120222 and 120223 as follows: (1) Protests based on the content of the procurement solicitation shall be filed with the board within 10 calendar days after the procurement solicitation is first advertised. The general manager or the chief executive officer, or the designee of the general manager or chief executive officer, shall issue a written decision on the protest prior to opening of the procurement solicitation. A protest may be renewed by refiling the protest with the board within 15 calendar days after the mailing of the notice of the intent to award. (2) Any bidder may protest the intent to award on any ground not based upon the content of the procurement solicitation by filing a protest with the board within 15 calendar days after the mailing of the notice of the intent to award. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of the procurement solicitation in the case of protests based on the content of the procurement solicitation, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the procurement solicitation. (b) The decision of the protest by the board shall be in writing and constitutes a final administrative decision for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure. (Amended by Stats. 2005, Ch. 557, Sec. 13. Effective October 5, 2005.)
  141. 120225.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may insure the transit system, or any part of it, against accident or destruction, and may also provide insurance under the referenced Government Code provision.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120225. The board may insure against any accident or destruction of the system or any part thereof. The board may also provide insurance as provided in Part 6 (commencing with Section 989), Division 3.6, Title 1 of the Government Code. (Added by Stats. 1975, Ch. 294.)
  142. 120226.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may contract for the services of independent contractors.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120226. The board may contract for the services of independent contractors. (Added by Stats. 1975, Ch. 294.)
  143. 120227.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board and the Board of Administration must enter into a contract, and the board must make its officers and employees members of the system, with stated exceptions.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120227. The board and the Board of Administration of the Public Employees’ Retirement System shall enter into a contract, and the board shall make all of its officers and employees members of the system, except as follows: (a) Members of the board. (b) Officers and employees excluded pursuant to Section 20492 of the Government Code. (Amended by Stats. 1978, Ch. 577.)
  144. 120228.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may enter into joint powers agreements to operate exclusive public mass transit guideways, subject to Section 120260.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 2. Contracts [120220 - 120228] ( Article 2 added by Stats. 1975, Ch. 294. ) ## 120228. Subject to Section 120260, the board may enter into joint powers agreements to operate exclusive public mass transit guideways. (Added by Stats. 1975, Ch. 294.)
  145. 120240.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may acquire, hold, lease, mortgage, sell, or otherwise dispose of real and personal property needed to exercise its powers.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. ) ## 120240. The board may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property necessary to the full or convenient exercise of its powers. (Amended by Stats. 1978, Ch. 577.)
  146. 120241.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    If only part of a parcel is needed for board purposes and the remainder would be of little value or create severance-damage claims, the board may take the whole parcel and may sell or exchange the excess.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. ) ## 120241. Whenever a portion of a parcel of real property is to be taken for board purposes and the remainder is to be left in such state or condition as to be of little value to its owner, or to give rise to claims or litigation concerning severance or other damage, the board may acquire the whole parcel and may sell the excess portion or exchange it for other property suitable for board purposes. (Added by Stats. 1975, Ch. 294.)
  147. 120242.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may use eminent domain and take property needed for its powers, but must proceed in the board’s name and pay specified relocation-related costs and damages when it exercises that power.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. ) ## 120242. The board shall have or exercise the right of eminent domain in the manner provided by law for the condemnation of private property for public use. The board may take any property necessary or convenient to the exercise of the powers granted in this division, whether the property is already devoted to the same use or otherwise. In the proceedings, venue, and trial relative to the exercise of the right, the board has all the rights, powers, and privileges of an incorporated city and all rights, powers, and privileges conferred in this division. The board shall proceed in the name of the board in condemnation proceedings. The board, in exercising such power, shall, in addition to the damages for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public agency or utility which is required to be moved to a new location. If property is condemned by the board, the board may take possession and use the property in accordance with the provisions of Section 1243.5 of the Code of Civil Procedure. (Added by Stats. 1975, Ch. 294.)
  148. 120243.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The Public Utilities Commission sets just compensation for board eminent-domain takings of public utility property, and the board may bring those proceedings in the Commission or superior court.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. ) ## 120243. The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the board. No taking or acquisition by the board which would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as defined in Section 230, shall be permitted, unless the Public Utilities Commission, after a hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of such property and that such taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. The board may commence and maintain such eminent domain proceedings in the Public Utilities Commission or the superior court at its option. (Added by Stats. 1975, Ch. 294.)
  149. 120244.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board is entitled to the benefit of certain reservations or grants tied to public agencies building or maintaining roads, highways, or other crossings over public or private lands.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 3. Property [120240 - 120244] ( Article 3 added by Stats. 1975, Ch. 294. ) ## 120244. The board is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands. (Added by Stats. 1975, Ch. 294.)
  150. 120260.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    The board must provide input to the San Diego Association of Governments about planning and constructing exclusive public mass transit guideways in its jurisdiction, and do so consistently with the California Transportation Plan and the regional transportation plan.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120260. The board shall provide input to the San Diego Association of Governments on the planning and construction of exclusive public mass transit guideways in the area under its jurisdiction in conformance with the California Transportation Plan and the regional transportation plan developed pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of the Government Code. (Amended by Stats. 2015, Ch. 303, Sec. 447. (AB 731) Effective January 1, 2016.)
  151. 120261.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    If the board determines a countywide agency can operate exclusive public mass transit guideways, the board must contract with that agency for that operation.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120261. Subject to Section 120260, if the board determines that there is a countywide agency capable of operating exclusive public mass transit guideways, the board shall contract with that agency for such operation. (Added by Stats. 1975, Ch. 294.)
  152. 120263.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    Guideway development must prioritize areawide corridors of travel, and commission approval is required before using certain state funds for a guideway system intended solely for an activity center.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120263. Priority for guideway development shall be given to meeting the transportation needs of areawide corridors of travel. If the transit development board determines that a guideway system intended solely for an activity center is appropriate, the approval of the California Transportation Commission is necessary prior to the use of funds allocated from the State Highway Account in the State Transportation Fund for the guideway system. (Amended by Stats. 1984, Ch. 1124, Sec. 11.)
  153. 120264.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    The transit development board may acquire, build, maintain, and operate public transit systems and related facilities and services, and may also let an operating contract if it follows the stated conditions.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120264. The transit development board may acquire, construct, maintain, and operate (or let a contract in conformity with state labor laws and subdivision (d) of Section 120508 to operate) public transit systems and related transportation facilities and services as it deems necessary to carry out the purposes of this division in conformity with, and to the extent provided in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7). The various systems, facilities, and services may be administered by the transit development board under the name of the San Diego Metropolitan Transit System. (Amended by Stats. 2005, Ch. 557, Sec. 16. Effective October 5, 2005.)
  154. 120266.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    The board may contract with San Diego city and county governments to license or regulate certain for-hire vehicle services, and it must levy fees to cover the full cost of that licensing and regulation.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120266. (a) The board may enter into contracts with any city in the County of San Diego and with the County of San Diego to license or regulate by ordinance any for-hire vehicle services rendered wholly within the city’s corporate limits or within the unincorporated area of the county. (b) The board shall levy the fees necessary to recover the full cost of licensing and regulating these services. (c) For purposes of this section, “for-hire vehicle services” means vehicles, other than public transportation vehicles, transporting passengers over public streets for compensation, which includes taxicabs, passenger jitney service, low-speed vehicles, nonemergency medical vehicles to the extent that the commission does not have regulatory authority, charters, and sightseeing vehicles. The term “for-hire vehicle services” does not include any public transportation services operated by the North County Transit District established pursuant to Division 11.5 (commencing with Section 125000). (Amended by Stats. 2021, Ch. 89, Sec. 1. (AB 302) Effective January 1, 2022.)
  155. 120267.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    The board may regulate vehicle safety and driver qualifications for passenger jitney service in the specified San Diego County areas, and must levy fees to recover the full cost of that regulation.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120267. (a) The board may, by ordinance, regulate vehicle safety and driver qualifications for passenger jitney service operating between cities in the County of San Diego and between a city in the County of San Diego and unincorporated portions of the County of San Diego. (b) The board shall levy the fees necessary to recover the full cost of regulating these services. (c) For purposes of this section, the term “passenger jitney service” includes every corporation or person engaged as a common carrier, for compensation, in the ownership, control, operation, or management of a passenger transportation service by motor vehicles of not more than 15-passenger capacity, excluding the driver, that operates between fixed termini and over a regular route and generally on short nonscheduled headways. (Amended by Stats. 2021, Ch. 89, Sec. 2. (AB 302) Effective January 1, 2022.)
  156. 120268.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    The board may make cooperative agreements with local cities and the County of San Diego about bus passenger loading zones.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120268. The board may enter into cooperative agreements with cities within its area of jurisdiction and with the County of San Diego to establish uniform policies and regulations governing the use of bus passenger loading zones and establishing responsibility and standards for the maintenance of bus loading zones and any associated improvements. (Added by Stats. 1991, Ch. 222, Sec. 3.)
  157. 120269.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. )

    Verify source ↗

    If the board licenses or regulates certain vehicle services and those services use drivers who are not already subject to or exempt from drug and alcohol testing rules, the board must adopt a mandatory testing certification program.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 4. Facilities and Services [120260 - 120269] ( Heading of Article 4 amended by Stats. 1978, Ch. 577. ) ## 120269. (a) If the board licenses or regulates any for-hire vehicle services, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, Section 1032.1 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers. (b) The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code. (c) Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances. (Amended by Stats. 2021, Ch. 89, Sec. 3. (AB 302) Effective January 1, 2022.)
  158. 1203.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If an expense is apportioned to a corporation or political subdivision, it must pay the amount from available treasury funds as ordered by the commission. If no funds are available, local tax/assessment officials must add the amount to the next levy and collect it. The commission may also direct how designated parties are paid or reimbursed.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1203. Each corporation and political subdivision to which any of the expense is apportioned shall pay from the funds available therefor in its treasury the amount apportioned to it at the time and to the parties specified by the order of the commission. If that amount is not so paid the corporation or political subdivision entitled thereto under the order may sue therefor in any court of competent jurisdiction. If no such funds are available the appropriate boards, officers, and employees intrusted with the levy and collection of the taxes or assessments of such political subdivision shall do all acts necessary to include in the next succeeding tax or assessment levy the amount due and shall collect that amount, whereupon the amount due shall be paid in accordance with the commission’s order. The commission may by order designate the State, certain of the corporations, and political subdivisions affected, to do all or specified portions of the acts required by any order of the commission made under the provisions of Sections 1202 to 1205, inclusive, and may prescribe the manner and the time within which the parties so designated shall be paid or reimbursed by the other corporations, the State, and political subdivisions among which the expense of the work has been apportioned by the commission. (Enacted by Stats. 1951, Ch. 764.)
  159. 120300.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 5. Transportation Planning [120300 - 120302] ( Article 5 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The San Diego Association of Governments must handle long-term transportation system planning for the board area.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 5. Transportation Planning [120300 - 120302] ( Article 5 added by Stats. 1975, Ch. 294. ) ## 120300. The San Diego Association of Governments that includes the area of the board shall be responsible for long-term transportation system planning in that area. The planning shall be directed to, among other things: (a) Identification of corridors of travel. (b) Definition of the transportation problems of each corridor. (c) Definition of the transportation goals for each corridor. (d) Definition of land use goals, with the concurrence of affected local jurisdiction, to be supported by transportation investment decisions in each corridor. (e) Recommendation of priority corridors for guideway development. (f) Recommendation of the mix of alternative transportation modes appropriate for deployment in light of transportation needs and goals for each corridor. (g) Recommendation of environmental, economic, energy, and social policies that should guide transportation investment decision within corridors. (Amended by Stats. 2005, Ch. 557, Sec. 17. Effective October 5, 2005.)
  160. 120301.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 5. Transportation Planning [120300 - 120302] ( Article 5 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board is responsible for operational planning for public transportation services it operates within its jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 5. Transportation Planning [120300 - 120302] ( Article 5 added by Stats. 1975, Ch. 294. ) ## 120301. With respect to the area under its jurisdiction, the board shall be responsible for operational planning, which includes all planning and monitoring necessary for the operation, implementation, modification, and elimination of public transportation services operated by the board. (Amended by Stats. 2005, Ch. 557, Sec. 18. Effective October 5, 2005.)
  161. 120302.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 5. Transportation Planning [120300 - 120302] ( Article 5 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must publish notice of the public hearing time and place, and the notice must be published at least 15 days before the hearing. Hearing materials must also be available for public inspection at least 15 days before the hearing.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 5. Transportation Planning [120300 - 120302] ( Article 5 added by Stats. 1975, Ch. 294. ) ## 120302. Notice of the time and place of the public hearing by the board shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing. The materials for the public hearing shall be available for public inspection at least 15 days prior to the hearing. (Amended by Stats. 2005, Ch. 557, Sec. 19. Effective October 5, 2005.)
  162. 120350.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    Article 6 and Article 7 must be implemented in line with, and subject to, the San Diego Regional Transportation Consolidation Act.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. ) ## 120350. The provisions of Article 6 (commencing with Section 120350) and Article 7 (commencing with Section 120400) shall be implemented in conformity with, and subject to, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7). (Repealed and added by Stats. 2005, Ch. 557, Sec. 21. Effective October 5, 2005.)
  163. 120351.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The designated recipient, the San Diego Association of Governments, must allocate federal transit funds, and the board must prepare project programs for federal funding.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. ) ## 120351. The designated recipient for purposes of Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code shall be the San Diego Association of Governments, and it shall be responsible for allocating federal transit funds to eligible recipients. The board shall prepare the program of projects for transit capital and operating assistance projects in its area of jurisdiction for receipt of federal funds. The San Diego Association of Governments shall allocate the funds to the board to fund its projects. If a dispute regarding the allocation of funds arises between the board and the North San Diego County Transit Development Board, the two boards shall negotiate in good faith to resolve the dispute. If the negotiation does not result in resolving the dispute prior to adoption of the annual regional transportation improvement program, the San Diego Association of Governments shall resolve the dispute and allocate the funds accordingly. (Amended by Stats. 2005, Ch. 557, Sec. 22. Effective October 5, 2005.)
  164. 120352.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may receive certain federal mass transit money and reallocate it for those purposes.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. ) ## 120352. The board may receive any money pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code for mass transit purposes, and reallocate that money for those purposes in accordance with federal law and rules and regulations. (Amended by Stats. 2005, Ch. 557, Sec. 23. Effective October 5, 2005.)
  165. 120354.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board must combine transit funding resources and adopt an annual policy for prioritizing their use; other public entities in the board’s area may not file certain public transportation funding applications.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. ) ## 120354. (a) No other public entity within the area of the board’s jurisdiction may file an application for funds for public transportation under Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code. (b) The board shall consolidate all available local, state, and federal transit financial resources for public mass transit operators and systems within its jurisdiction and, in coordination with the various operators, shall adopt a policy for annually prioritizing the use of those funds for all of the following: (1) Services provided pursuant to the Americans with Disabilities Act of 1990 (Public Law 101-336). (2) Local match requirements for federal and state transit capital grants. (3) The local and regional service base. (4) Any additional planning and operation of transit services and development and implementation of capital programs approved by the board. (Added by Stats. 2001, Ch. 297, Sec. 2. Effective January 1, 2002.)
  166. 120355.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may take any necessary action to obtain funding available under the cited federal law.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. ) ## 120355. The board may take all action necessary to obtain funding available pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code. (Amended by Stats. 2005, Ch. 557, Sec. 25. Effective October 5, 2005.)
  167. 120356.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may create and keep reserve funds for its planning, procurement, construction, and acquisition programs.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 6. Transportation Funding [120350 - 120356] ( Article 6 added by Stats. 1975, Ch. 294. ) ## 120356. The board may establish and maintain reserve funds for its planning, procurement, construction, and acquisition programs with moneys received from private and public contributions, donations and assessments, licenses, leases, sales, and rental income, and any other revenues of the board, except revenues received pursuant to Sections 99260, 99275, 99312, 99313, and 99319. (Added by Stats. 1986, Ch. 864, Sec. 3.)
  168. 1204.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may allocate the cost of a grade separation to a district or split it between the district and the political subdivision, and may let the political subdivision handle the work and related proceedings.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1204. If the legislative body of the political subdivision determines that special benefits will accrue from the separation of grades to one or more districts within the political subdivision, and has made a finding to that effect and that the cost thereof, other than the portion to be paid by the railroad, interurban railroad, or street railroad involved, should be paid by such district or partly by the district and partly by the political subdivision, the commission may provide that such proportion of the total cost of the separation of grades, including the acquisition of property and the damage to property or an interest therein, as is not payable by the owners of the railroad, interurban railroad, or street railroad involved, may be assessed upon the district or that a part thereof may be paid by the district and a part by the political subdivision in accordance with the finding of the legislative body of the latter. The commission may provide that the physical work of making the grade separation as well as the proceedings for letting contracts therefor, collecting and enforcing the assessments, and making payment for damages and for the acquisition of property shall be done through the agency of the political subdivision in accordance with law. The order of the commission shall authorize the officers of the political subdivision to enter upon so much of the right of way of the railroad, interurban railroad, or street railroad as is necessary to effect the physical grade separation. (Enacted by Stats. 1951, Ch. 764.)
  169. 120400.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 7. Public Contributions, Grants, Loans, and Contracts Cooperation [120400- 120400.] ( Article 7 added by Stats. 1975, Ch. 294. )

    Verify source ↗

    The board may accept public contributions, grants, or loans and may make contracts and cooperate with public agencies or the United States for public transportation services.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 7. Public Contributions, Grants, Loans, and Contracts Cooperation [120400- 120400.] ( Article 7 added by Stats. 1975, Ch. 294. ) ## 120400. The board may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the purpose of financing the planning, acquisition, construction, or operation of public transportation services, and may enter into contracts and cooperate with, and accept cooperation from, any public agency or the United States, or agency thereof, in the planning, acquisition, construction, or operation of any of those public transportation services in accordance with any legislation that Congress or the Legislature of the State of California may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or any public agency in the planning, acquisition, construction, or operation of any of those public transportation services. The board may do any and all things necessary in order to avail itself of this aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted. (Amended by Stats. 2005, Ch. 557, Sec. 26. Effective October 5, 2005.)
  170. 120450.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. )

    Verify source ↗

    Violating a board ordinance, rule, or regulation about nonpayment of fare on covered transit is an infraction, usually fined up to $75; after a second conviction, it becomes a misdemeanor with higher penalties.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. ) ## 120450. Violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare on any transit vehicle or in any transit station owned, controlled, or used by the board shall be an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the second conviction under this section, shall be a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Amended by Stats. 2000, Ch. 1035, Sec. 2.4. Effective January 1, 2001.)
  171. 120450.5.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. )

    Verify source ↗

    A person must not knowingly give false information, orally or in writing, to a public officer or employee enforcing this article.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. ) ## 120450.5. No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of the provisions of this article when that person knows that the information is false. A violation of this section is an infraction punishable by a fine not to exceed fifty dollars ($50), except that such a violation by a person, after the second conviction of a violation of this section, shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail not to exceed six months, or by both that fine and imprisonment. This section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal. (Added by Stats. 1983, Ch. 294, Sec. 2.)
  172. 120451.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. )

    Verify source ↗

    Violating board rules about unauthorized use, tampering, interference, or loitering at transit facilities is an infraction, with higher penalties after a first conviction.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. ) ## 120451. Violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned, controlled, or used by the board, or prohibiting unauthorized tampering or interference with, or loitering in or about, transit facilities owned, controlled, or used by the board, including, but not limited to, transit centers, rail stations, bus shelters, and bus stops on public and private property, is an infraction punishable by a fine not exceeding fifty dollars ($50), except that such a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding six months, or by both that fine and imprisonment. (Amended by Stats. 2000, Ch. 1035, Sec. 2.6. Effective January 1, 2001.)
  173. 120452.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. )

    Verify source ↗

    Violating a board rule that bans unauthorized entry onto certain transit vehicles is an infraction, with a fine up to $50; after the first conviction, it becomes a misdemeanor with higher penalties.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 8. Penalties [120450 - 120452] ( Article 8 added by Stats. 1980, Ch. 485, Sec. 3. ) ## 120452. Violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any manner attaching oneself to vehicles operated upon exclusive public mass transit guideways owned or controlled by the board, is an infraction punishable by a fine not exceeding fifty dollars ($50), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (Amended by Stats. 2005, Ch. 557, Sec. 27. Effective October 5, 2005.)
  174. 120470.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. )

    Verify source ↗

    The board may invest surplus money in its treasury, including certain fund money, but only if no agreement or covenant limits the kinds of investments.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. ) ## 120470. Subject to any agreement or covenant between the board and the holders of any of its obligations limiting or restricting classes of investments, the board may invest any surplus money in its treasury, including money in any sinking fund, reserve fund, or other fund created or established for the benefit of holders of any outstanding obligations of the board, in any of the following: (a) Its own bonds. (b) Treasury notes, certificates of indebtedness, bills, bonds of the United States, or any other evidence of indebtedness secured by the full faith and credit of the United States. (c) Obligations issued pursuant to the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.) or the National Housing Act (12 U.S.C. Sec. 1701 et seq.). (d) Treasury notes or bonds of this state, or of any public corporation, municipal corporation, public district, or political subdivision within this state which are legal security for the deposit of public funds. (e) Any investment in which county funds may be placed pursuant to the general laws of the state. (Added by Stats. 1983, Ch. 599, Sec. 1.)
  175. 120471.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. )

    Verify source ↗

    The provision allows an investment to be made by direct purchase of bonds, treasury notes, or obligations, either at the original sale or later.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. ) ## 120471. The investment may be made by direct purchase of any issue of the bonds, treasury notes, or obligations, or part thereof, at the original sale or by the subsequent purchase of the bonds, treasury notes, or obligations. (Added by Stats. 1983, Ch. 599, Sec. 1.)
  176. 120472.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. )

    Verify source ↗

    The board may sell investment bonds, treasury notes, or other obligations and reinvest the proceeds in similar investments.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. ) ## 120472. Any bonds, treasury notes, or obligations purchased and held as investments by the board may, from time to time, be sold and the proceeds reinvested in bonds, treasury notes, or obligations as provided in this article. (Added by Stats. 1983, Ch. 599, Sec. 1.)
  177. 120473.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. )

    Verify source ↗

    The board must sell its bonds, treasury notes, or obligations from time to time, in season, and use the proceeds for the purposes tied to the original treasury money.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 9. Investments [120470 - 120473] ( Heading of Article 9 renumbered from Article 10 by Stats. 1984, Ch. 1124, Sec. 13. ) ## 120473. Sales of any bonds, treasury notes, or obligations purchased and held by the board shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds, treasury notes, or obligations were originally purchased was placed in the treasury of the board. (Added by Stats. 1983, Ch. 599, Sec. 1.)
  178. 120480.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    The board may impose a retail transactions and use tax, but must set the area before voters act and cannot spend the revenue outside transportation and transit purposes.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120480. (a) A retail transactions and use tax ordinance applicable to the entirety of, or a portion of, the incorporated and unincorporated territory within the area of the board pursuant to Section 120054 shall be imposed by the board in accordance with Section 120485, the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 120483. (b) If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter remains in full force and effect. The board may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this chapter. (c) The portion of the area of the board to which the tax would apply shall be determined by the board before the electors vote on the measure. (d) If the tax only applies to a portion of an area of the board, both of the following shall apply: (1) (A) The incorporated area of each city and of contiguous cities within the area of the board shall be either wholly included within that portion or wholly excluded from that portion. For purposes of this subparagraph, “contiguous cities” means two or more cities with shared borders. (B) The entire unincorporated area of the board shall either be wholly included within that portion or wholly excluded from that portion. (2) (A) The board shall not enter into a construction contract over one million dollars ($1,000,000) that would be in part or wholly financed through the tax with any entity unless the entity provides to the board an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (B) This paragraph shall not apply if any of the following requirements are met: (i) The board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project. (ii) The board has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (iii) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the board before January 1, 2019. (iv) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (C) For purposes of this paragraph, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (e) The revenues derived from the tax shall be spent within, or for the benefit of, the portion of the area of the board to which the tax applies, and shall be spent only on transportation and transit infrastructure and services. (f) Any revenues derived from the tax shall supplement, and not supplant, other transportation revenues available to the portion of the area of the board to which the tax applies. (Amended by Stats. 2019, Ch. 758, Sec. 2. (AB 1413) Effective January 1, 2020.)
  179. 120481.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    The board must state key tax details in the ordinance, may set a tax term, and the ordinance must include an expenditure plan.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120481. (a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, the portion of the area of the board to which the tax would apply, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section. (b) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the board as well as any repair, redesign, or ongoing maintenance of a right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway. (Amended by Stats. 2019, Ch. 758, Sec. 3. (AB 1413) Effective January 1, 2020.)
  180. 120482.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    The county must conduct the election called by the board, and the election must be called and conducted like other county elections.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120482. (a) The county shall conduct an election called by the board pursuant to Section 120480. (b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. (Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
  181. 120483.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    A transactions and use tax ordinance becomes operative after a delay, and the board must contract with the California Department of Tax and Fee Administration and provide street and boundary information on a deadline.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120483. (a) A transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 150 days after adoption of the ordinance. (b) (1) Before the operative date of the ordinance, the board shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of the ordinance. The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section. (2) Notwithstanding Section 7272 of the Revenue and Taxation Code, the maximum amount of preparatory costs incurred may exceed those costs as described in paragraph (1), if the increased amount reflects necessary preparatory costs. (c) Within 45 days from the date the ordinance is approved by the voters, the board shall provide the California Department of Tax and Fee Administration with a complete alphabetical list of all streets within the affected area under the jurisdiction of the board pursuant to Section 120054, which shall include beginning and ending street numbers, and shall maintain that list on its internet website. The board shall also provide a legal description and a map or plat, that both describe the boundaries of the applicable area of the board pursuant to Section 120054. (Amended by Stats. 2019, Ch. 758, Sec. 4. (AB 1413) Effective January 1, 2020.)
  182. 120484.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    The board may allocate tax revenues for public transit purposes if the use is consistent with the applicable regional transportation improvement program and regional transportation plan.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120484. The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan. (Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
  183. 120485.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    The board may impose a tax rate up to one-half of 1 percent if the voters in the affected part of the county approve it.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120485. The board, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of one-half of 1 percent under this article and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature. (Amended by Stats. 2019, Ch. 758, Sec. 5. (AB 1413) Effective January 1, 2020.)
  184. 120486.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    The board may seek authorization to issue bonds payable from retail transactions and use tax proceeds as part of the ballot proposition approving the tax.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120486. The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax. (Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
  185. 120487.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    A challenge to the validity of the retail transactions and use tax ordinance, related bonds, or related proceedings must be started within six months after the election approving the ordinance.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120487. Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
  186. 120488.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. )

    Verify source ↗

    The board may not impose taxes other than the transactions and use tax approved by voters under this article.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 4. Powers and Functions [120200 - 120488] ( Chapter 4 added by Stats. 1975, Ch. 294. ) ## ARTICLE 11. Transactions and Use Tax [120480 - 120488] ( Article 11 added by Stats. 2017, Ch. 658, Sec. 7. ) ## 120488. The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article. (Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
  187. 1205.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If a commission order makes a political subdivision pay part of a grade-separation cost without charging a benefited district, the subdivision’s legislative body may ask the commission to modify the 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1205. If any order of the commission provides for the payment of a portion of the cost of any such grade separation by a political subdivision without authorizing the assessment of all or any part thereof upon a benefited district, the legislative body of the political subdivision may at any time thereafter apply to the commission to have the order modified in accordance with any finding made by the legislative body, and the commission may thereupon make a new or modified order in the same manner as if such application had been made to it before the making of the order. (Enacted by Stats. 1951, Ch. 764.)
  188. 1205.5.

    ## 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 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must decide whether a ratesetting proceeding is an exempt railroad crossing application and, if so, use an expedited review and approval process.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1205.5. (a) The commission, upon initiating a ratesetting proceeding, shall determine whether the proceeding is an exempt railroad crossing application. If the application is deemed an exempt railroad crossing application, the commission shall issue a proposed resolution with an expedited review and approval process pursuant to subdivisions (b) and (c). (b) Before exempting any applications pursuant to subdivision (a), the commission shall adopt an expedited review and approval process for exempt railroad crossing applications at a voting meeting after considering input from stakeholders and other public comments. (c) The process adopted by the commission pursuant to subdivision (b) shall, at minimum, require public notice of the application and service of the application to relevant stakeholders, including, but not limited to, railroads, rail transit agencies, and local authorities, including county and regional transportation authorities. The resolution of an exempt railroad crossing application shall be publicly noticed on the commission’s voting agenda and be subject to public comment. (d) For purposes of this section, “exempt railroad crossing application” means a railroad application submitted pursuant to Sections 1201 to 1205, inclusive, with clear public benefit, without valid protest objecting, in whole or in part, to the application, and where the commission determines there is no need for an evidentiary hearing or a more comprehensive review. (Added by Stats. 2025, Ch. 224, Sec. 2. (SB 544) Effective January 1, 2026.)
  189. 120500.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    Employees have rights to self-organization, to form or join labor organizations, to bargain collectively, and to engage in protected concerted activities. The board must not prefer one union over another.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120500. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities as permitted under the Federal Labor Management Relations Act, 1947, as amended, for the purpose of collective bargaining or other mutual aid or protection. It is declared to be in the public interest that the board shall not express any preference for one union over another. (Added by Stats. 1978, Ch. 577.)
  190. 120501.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    If a majority of employees want union representation and majority status is determined under Section 120505, the board must meet and confer in good faith with the employees’ recognized representatives to try to reach a written contract.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120501. Whenever a majority of the employees employed by the board in a unit that is the appropriate unit for collective bargaining indicate a desire to be represented by a labor organization and upon determining as provided in Section 120505, that such labor organization represents the majority of the employees in that appropriate unit, the board shall meet and confer in a good-faith effort to agree on the terms of a written contract with the recognized representatives of such employees governing wages, salaries, hours, working conditions, and benefits, including, but not limited to, health and welfare, sick leave, insurance, or pension or retirement provisions. (Added by Stats. 1978, Ch. 577.)
  191. 120502.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    If a labor dispute about pay, hours, working conditions, or benefits is not resolved in good-faith negotiations, the board and labor organization may jointly submit it to arbitration.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120502. In case of a labor dispute over wages, salaries, hours, working conditions, and benefits on the making or maintaining of collective-bargaining agreements and the terms to be included in such agreements, which is not resolved by negotiations in good faith between the board and the labor organization, upon the joint request of both, the board and the labor organization may submit the dispute to the decision of the majority of an arbitration panel. The arbitration panel shall be composed of one representative of the board, and one representative of the labor organization, and they shall endeavor to agree upon the selection of the third member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the State Conciliation Service. The labor organization and the board shall, alternately, strike a name from the list so supplied, and the name remaining, after the labor organization and the board have stricken four names, shall be designated as the third arbitrator. The labor organization and the board shall determine by lot who shall first strike a name from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto. The expenses of arbitration shall be borne equally by the parties. Each party shall bear its own costs. (Added by Stats. 1978, Ch. 577.)
  192. 120503.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    If the parties do not agree to arbitration, either party may notify the State Conciliation Service, which must assess the dispute and certify its findings to the Governor. The Governor must then appoint a three-person factfinding commission within 10 days, and the parties must keep dispute conditions unchanged except by mutual agreement while also continuing public service for the specified period.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120503. In the event the board and the representatives of the employees do not agree to submit the dispute to an arbitration panel as provided in Section 120502, the State Conciliation Service may be notified by either party that a labor dispute exists and that there is no agreement to arbitrate. The service shall determine whether or not the labor dispute may be resolved by the parties and, if not, the issues concerning which the dispute exists. Upon such determination, the service shall certify its findings to the Governor of the State of California who shall, within 10 days of receipt of certification, appoint a factfinding commission consisting of three persons. The commission shall immediately convene and inquire into and investigate the issues involved in the dispute and shall report to the Governor within 30 days of the date of its creation. After the creation of such commission, and for 30 days after such commission has made its report to the Governor, no change, except by mutual agreement, shall be made by the parties to the controversy in the conditions out of which the labor dispute arose and service to the public shall be provided. (Added by Stats. 1978, Ch. 577.)
  193. 120504.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    The board must not discriminate in employment against any person on the listed protected bases, and it must not make contracts with labor organizations or groups that deny membership or discriminate on those bases.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120504. (a) A contract or agreement shall not be made with any labor organization, association, or group that denies membership to, or in any manner discriminates against, any employee on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. (b) The board shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 30. Effective January 1, 2005.)
  194. 120505.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    If there is a representation question, the State Conciliation Service must handle it, hold a prompt public hearing, determine the proper bargaining unit, run an election, and certify the result.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120505. If there is a question of whether a labor organization represents a majority of employees or whether the proposed unit is the appropriate unit for collective bargaining, the question shall be submitted to the State Conciliation Service for disposition. The service shall promptly hold a public hearing, after due notice to all interested parties, and shall thereupon determine the unit appropriate for the purposes of collective bargaining. In making such determination and in establishing rules and regulations governing petitions and the conduct of hearings and elections, the service shall be guided by relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended. The service shall provide for an election to determine the question of representation and shall certify the results to the parties. Any certification of a labor organization to represent or act for the employees in any collective-bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within such collective unit exists until the lapse of one year from the date of certification or the expiration of any collective-bargaining agreement, whichever is later, except that no collective-bargaining agreement shall be construed to be a bar to representation proceedings for a period of more than two years. (Added by Stats. 1978, Ch. 577.)
  195. 120506.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    The board must negotiate in good faith with the certified labor organization, reach a written collective-bargaining agreement on wages, hours, working conditions, and benefits, and follow that agreement.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120506. The obligation of the board to meet and confer in good faith with the duly certified labor organization and to agree on the terms of a written collective-bargaining agreement with such labor organization covering the wages, hours, working conditions, and benefits of the employees represented by such labor organization in the appropriate unit, and to comply with the terms thereof, shall not be limited or restricted by the provisions of the Government Code or other laws or statutes. The obligations of the board to bargain collectively shall extend to all subjects of collective bargaining which are, or may be, mandatory subjects of collective bargaining with a private employer, including retroactive provisions and benefits for retired employees. (Added by Stats. 1978, Ch. 577.)
  196. 120507.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

    Verify source ↗

    Board employees may authorize payroll deductions, and the board may then make those deductions from their wages or salaries.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120507. Notwithstanding the provisions of the Government Code, employees of the board may authorize and, upon such authorization, the board may make deductions from wages and salaries of such employees: (a) Pursuant to a collective-bargaining agreement with a duly designated or certified labor organization for the payment of union dues, fees, or assessments. (b) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan. (c) For any purpose for which deductions may be authorized by employees of any private employer. (Added by Stats. 1978, Ch. 577.)
  197. 120508.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

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    This section lets the board abolish or merge certain nonprofit transit entities, and says the board becomes the sole employer if that happens.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120508. (a) This article also applies to the employee relations of employees of a nonprofit entity that operates public mass transit services and that is solely owned by the board. For employee relations regarding these employees, “board,” as used in this article, means the board and the board of directors of the nonprofit entity as the joint employer of the employees. (b) The board may, at any time in its sole discretion, abolish any nonprofit entity or merge any nonprofit entity with another nonprofit entity or with the board. (c) Upon abolishing or merging a nonprofit entity pursuant to subdivision (b), the board shall become the sole employer of the employees of the nonprofit entity and shall assume sole responsibility to observe all existing labor contracts established and maintained pursuant to this article. (d) Except as may be agreed upon through the collective bargaining process, nothing in this section shall prohibit or limit the right of the board to contract with common carriers of persons operating under a franchise, license, or other agreement. Any provision in an existing collective bargaining agreement made applicable to the board in its capacity as a joint employer with a nonprofit entity pursuant to subdivision (a) or sole successor employer pursuant to subdivision (b) that is intended to prohibit or limit the right of a nonprofit entity to contract out covered bargaining unit services to another common carrier of persons shall not be binding upon the board with respect to any contract for services entered into, renewed, or extended by the board prior to January 1, 2004, and thereafter shall apply only to contracts for bargaining unit services covered by an existing collective bargaining agreement assumed by or binding upon the board as a joint employer unless otherwise agreed upon through the collective bargaining process. The amendments to this subdivision made by Chapter 557 of the Statutes of 2005 are intended solely to clarify existing law and shall not be interpreted either to enlarge or contract the board’s right to contract out for public transportation services. (Amended by Stats. 2009, Ch. 140, Sec. 167. (AB 1164) Effective January 1, 2010.)
  198. 120509.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. )

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    The board may, with required consent, contract to enroll collectively bargained employees in the Public Employees’ Retirement System or another retirement system, and transferred employees must receive benefits at least as good as before.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 1. Employees Relations [120500 - 120509] ( Article 1 added by Stats. 1978, Ch. 577. ) ## 120509. (a) Upon the request of the board, as defined in Section 120508, with the consent of any labor organization acting as the exclusive representative of employees whose collective bargaining rights are subject to Section 120508, the board may enter into a contract to enroll the collectively bargained employees as members of the Public Employees’ Retirement System or another retirement system. (b) A contract to enroll employees in the Public Employees’ Retirement System shall be subject to the provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code. (c) Employees transferred from any existing retirement system or pension plan to the Public Employees’ Retirement System or any other retirement system by operation of this section shall receive benefits immediately after enrollment in, or transfer to, the system that are at least equal to, or greater than, the benefits the employees would have been entitled to immediately before enrollment in, or transfer to, the system. (Added by Stats. 2003, Ch. 202, Sec. 2. Effective January 1, 2004.)
  199. 12051.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The general manager must adopt a civil service system for district civil service employees.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12051. The general manager shall adopt a civil service system for the selection, examination, employment, classification, advancement, suspension, and discharge of employees included in the “district civil service.” (Enacted by Stats. 1951, Ch. 764.)
  200. 12052.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The general manager must adopt rules and regulations for the civil service provisions and may amend existing rules from time to time.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12052. The general manager shall adopt rules and regulations to carry out the purposes of the civil service provisions of this division and may from time to time amend existing rules. Except as otherwise provided herein such rules shall govern applications, examinations, eligibility, duration of eligible lists; certifications of eligibles; appointments; promotions; transfers; resignations; layoffs or reductions in force, both permanent and temporary, due to lack of work or funds, retrenchment, or completion of work; the filling of positions, temporary, seasonal, and permanent; classification; and such other matters as are not in conflict with the civil service provisions of this division. (Enacted by Stats. 1951, Ch. 764.)

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