12801-12827
PUBLIC UTILITIES CODE
SECTION 12801-12827
12801. A district may acquire, construct, own, operate, control, or
use, within or without, or partly within or partly without, the
district, works or parts of works for supplying the inhabitants of
the district and public agencies therein, or some of them, with
light, water, power, heat, transportation, telephone service, or
other means of communication, or means for the collection, treatment,
or disposition of garbage, sewage, or refuse matter, and may do all
things necessary or convenient to the full exercise of the powers
herein granted. The district may also purchase any of such
commodities or services from any other utility district, public
agency, person, or private company, and distribute them.
12802. A district may accept, without limitation by any other
provisions of this division requiring approval of indebtedness,
contributions of money, rights of way, labor, materials and any other
property for the construction, maintenance, and operation of any
enterprise in which the district is authorized to engage, and may
enter into any contracts and cooperate with and accept cooperation
from the State, or any department, instrumentality, or agency
thereof, or any public agency of the State in the construction,
maintenance, and operation of, and in financing the construction,
maintenance, and operation of, any such enterprise.
12803. Except as provided in this division with reference to sewage
disposal, a district shall not interfere with or exercise any
control over any existing utility owned and operated by any public
agency in the district, unless by consent of the legislative body of
the public agency and upon such terms as are mutually agreed upon
between the board and the legislative body of the public agency.
12804. Whenever there is a surplus of water, light, heat, or power
above that which is required by inhabitants or public agencies within
a district, the district may sell or otherwise dispose of the
surplus outside of the district to persons, firms, and public or
private corporations, or public agencies outside the district.
12805. Whenever any of the facilities, works, or utilities of the
district, or part thereof, is not used or employed to its fullest
capacity for the benefit or requirements of the district or its
inhabitants, the district may enter into an agreement with public
agencies or any person, firm, or corporation, upon such terms and
conditions as are satisfactory to the board, for renting, leasing, or
otherwise using the available portion or parts of the facilities,
works, or utilities, and in connection with any such agreement,
renting, or leasing the district may undertake or perform any
services incidental thereto.
12806. The district and any public agencies included therein may at
any time enter into appropriate contracts for the use by any such
public agencies of commodities or service furnished by any of the
works acquired, owned, or operated, or authorized to be acquired,
constructed, or completed by the district, or of any of the
facilities of the district.
12807. A district may sell or otherwise dispose of any water,
sewage effluent, fertilizer, or other by-product resulting from the
operation of a sewage disposal system, and may construct, maintain,
and operate such pipelines and other works as are necessary for that
purpose.
12808. A district may construct works across or along any street or
public highway, or over any of the lands which are the property of
the State, and it shall have the same rights and privileges
appertaining thereto as are granted to municipalities within the
State. The district shall restore any such street or highway to its
former state as near as may be, and in compliance with local
ordinances, and shall not use it in a manner to unnecessarily impair
its usefulness. A district may also construct its works across any
stream or watercourse.
12808.5. (a) Notwithstanding Sections 53091 and 65402 of the
Government Code, Section 12808 of the Public Utilities Code and
Section 1469 of the Streets and Highways Code or any other provision
of law, no district may locate or construct, any lines, for the
transmission or distribution of electrical energy, including poles
and other accessory structures, unless such facilities are approved
pursuant to this section.
(b) The district shall hold a public hearing on proposed
facilities which are subject to this section.
(1) Mailed notice of the public hearing shall be provided at least
10 days prior to the hearing, to the owners of all property within
300 feet of the route along which such facilities are proposed to be
located.
(2) If mailed notice as required in paragraph (1) above would
result in notice to more than 250 persons, as an alternative to such
mailed notice, notice may be given by placing a display advertisement
of at least one-fourth page in a newspaper of general circulation
within the area affected by the proposed facility.
(c) After holding a hearing as provided in subdivision (b), the
district shall submit any proposed facilities to the legislative body
of each local agency in which such facilities are to be located. The
legislative bodies shall conduct a public hearing, receive evidence,
and, within 60 days, adopt a resolution approving, approving an
alternative, or disapproving, the proposed facilities.
Any resolution adopted pursuant to this subdivision shall contain
findings concerning:
(1) The consistency of the proposed facilities with the local
agency's general plan and applicable redevelopment and specific
plans.
(2) Whether there are feasible alternatives to the proposal.
(3) Such other factors related to the public health, safety and
welfare as are included within the ordinance adopted by the local
agency pursuant to subdivision (e) of this section.
Failure of a legislative body to render a decision within 60 days
shall be deemed to constitute an approval of the proposed facilities.
(d) Notwithstanding the provisions of subdivision (c), the
governing board of the district by vote of four-fifths of its members
may render a local agency's decision inapplicable to proposed
facilities if the district, at a publicly noticed hearing, determines
by resolution that there is no feasible alternative to the district'
s proposal. Prior to adopting the resolution, the district shall read
into the record the local agency's resolution. The board shall,
within 10 days, notify the city or county concerned of such action.
If the governing board has taken such action the local agency may
commence an action in the superior court of the county whose action
is involved or in which is situated the city whose action is
involved, seeking a review of such action of the governing board of
the district to determine whether it was supported by substantial
evidence. The evidence before the court shall include, but not be
limited to, the record of the proceedings before the city, county,
and local agency. The city or county shall cause a copy of the
complaint to be served on the board. If the court determines that
such action was not supported by substantial evidence, it shall
declare it to be of no force and effect, and the local agency's
decision shall be applicable to the proposed facilities.
(e) This section shall not apply to:
(1) Any facilities proposed to be located within any local agency
which has not adopted an ordinance setting forth criteria to govern
its decision pursuant to subdivision (c) of this section.
(2) Any electrical distribution lines of less than 100,000 volts.
(f) As used in this section, the term "feasible" means capable of
being accomplished in a successful manner within a reasonable period
of time, taking into account economic, environmental, social, and
technological factors.
(g) As used in this section, "local agency" means a city, a city
and county, or a county. Within cities this section shall not apply
to counties.
12809. The rates and charges for commodities or service furnished
by a district shall be fixed by the board. As far as possible
utilities shall be self-supporting but the board is not required to
fix a rate which in its opinion is unreasonably high, nor to cover by
rates large expenditures and the interest thereon required for
future needs and developments.
12810. The board may provide that rates, tolls, and charges for any
sewage disposal enterprise or service may be collected with the
rates, tolls, and charges for any water or other utility service
rendered by the district, and that all rates may be billed upon the
same bill and collected as one item. If charges for water and sewage
disposal service are billed upon the same bill the district may
discontinue water service in the event of failure to pay the whole or
any part of the bill.
12811. The board may provide for the collection of fees, tolls,
rates, rentals, or other charges in any lawful manner and may provide
for collection by action at law, and all remedies for the collection
and enforcement thereof are cumulative and may be pursued
alternatively or consecutively as the board determines. In addition
to the amount of the fees, tolls, rates, rentals, or other charges,
the board may provide for a penalty of not more than 10 percent or
interest at the prevailing prime interest rate, but not to exceed 1
1/2 percent per month, or both, in the event of nonpayment within the
time and in the manner prescribed by the board, and may provide for
collection of the penalty and interest.
12811.1. (a) Except when prohibited by Section 12822.6, a district
may, by resolution or ordinance, require the owner of record of real
property within the district to pay the fees, tolls, rates, rentals,
or other charges for services rendered to a lessee, tenant, or
subtenant, and those fees, tolls, rates, rentals, and other charges
that have become delinquent, together with interest and penalties
thereon, are a lien on the property when a certificate is filed in
the office of the county recorder pursuant to subdivision (b) and the
lien has the force, effect, and priority of a judgment lien. No lien
may be created under this section on any publicly owned property.
(b) A lien under this section attaches when the district files for
recordation in the office of the county recorder a certificate
specifying the amount of the delinquent fees, tolls, rates, rentals,
or other charges together with interest and penalties thereon; the
name of the owner of record of the property to which services were
rendered by the district; and the legal description of the property.
Within 30 days of receipt of payment of all amounts due, including
recordation fees paid by the district, the district shall file for
recordation a release of the lien.
(c) A district may, by resolution or ordinance, provide that any
delinquent fees, tolls, rates, rentals, or other charges, together
with interest and penalties thereon, including any delinquent fees,
tolls, rates, rentals, or other charges for services rendered to a
lessee, tenant, or subtenant, may be collected on the tax roll in the
same manner as property taxes. Before any entity may collect any
delinquent fees, tolls, rates, rentals, or other charges, together
with interest and penalties thereon, including any delinquent fees,
tolls, rates, rentals, or other charges for services rendered to a
lessee, tenant, or subtenant on the tax roll, the district shall
prepare a report, provide notice, conduct a public hearing, and file
a certificate in the office of the county recorder, as follows:
(1) The general manager shall prepare and file with the district
board of directors a report that describes each affected parcel of
real property and the amount of the delinquent fees, tolls, rates,
rentals, or other charges, together with interest and penalties
thereon, including any delinquent fees, tolls, rates, rentals, or
other charges for services rendered to a lessee, tenant, or subtenant
for each affected parcel for the year. The general manager shall
give notice of the filing of the report and of the time, date, and
place for a public hearing by publishing the notice pursuant to
Section 6066 of the Government Code in a newspaper of general
circulation, and by mailing the notice to the owner of each affected
parcel at least 14 days prior to the date of the hearing.
(2) At the public hearing, the board of directors shall hear and
consider any objections or protests to the report. At the conclusion
of the public hearing, the board of directors may adopt or revise the
delinquent fees, tolls, rates, rentals, or other charges, together
with interest and penalties thereon, including any delinquent fees,
tolls, rates, rentals, or other charges for services rendered to a
lessee, tenant, or subtenant. The board of directors shall make its
determination on each affected parcel and its determinations shall be
final.
(3) On or before August 10 of each year following these
determinations, the general manager shall file with the county
auditor a copy of the final report adopted by the board of directors.
The county auditor shall enter the amount of the delinquent fees,
tolls, rates, rentals, or other charges, together with interest and
penalties thereon, including any delinquent fees, tolls, rates,
rentals, or other charges for services rendered to a lessee, tenant,
or subtenant, against each of the affected parcels of real property
as they appear on the current assessment roll. The county tax
collector shall include the amount of the delinquent fees, tolls,
rates, rentals, or charges, together with interest and penalties
thereon, including any delinquent fees, tolls, rates, rentals, or
other charges for services rendered to a lessee, tenant, or
subtenant, on the tax bills for each affected parcel of real property
and collect the delinquent fees, tolls, rates, rentals, or charges,
together with interest and penalties thereon, including any
delinquent fees, tolls, rates, rentals, or other charges for services
rendered to a lessee, tenant, or subtenant, in the same manner as
property taxes.
(4) The district may recover any delinquent fees, tolls, rates,
rentals, or other charges, together with interest and penalties
thereon, including any delinquent fees, tolls, rates, rentals, or
other charges for services rendered to a lessee, tenant, or
subtenant, by recording in the office of the county recorder of the
county in which the affected parcel is located, a certificate
declaring the amount of the delinquent fees, tolls, rates, rentals,
or charges, together with interest and penalties thereon, including
any delinquent fees, tolls, rates, rentals, or other charges for
services rendered to a lessee, tenant, or subtenant, due, and the
name and last known address of the person liable therefore. From the
time of recordation of the certificate, the amount of the delinquent
fees, tolls, rates, rentals, or charges, together with interest and
penalties thereon, including any delinquent fees, tolls, rates,
rentals, or other charges for services rendered to a lessee, tenant,
or subtenant, constitutes a lien against the affected real property
of the delinquent property owner in that county. This lien shall have
the force, effect, and priority of a judgment lien. Within 30 days
of receipt of payment of all amounts due, including recordation fees
paid by the district, the district shall file for recordation a
release of the lien.
(5) The district shall not recover on the tax roll any delinquent
fees, tolls, rates, rentals, or other charges for services for
commercial use to a commercial tenant under an account established by
the commercial tenant, from any subsequent tenant or the property
owner, due to nonpayment of charges by a previous commercial tenant.
For this purpose, the term "subsequent commercial tenant" shall not
include an entity or adult person that was located at the same
address during the period the charges or penalties accrued. This
paragraph does not apply to master-metered accounts.
(d) Notwithstanding Sections 6103 and 27383 of the Government
Code, in filing any instrument, paper, or notice pursuant to this
section, the district shall pay all applicable recording fees
prescribed by law.
(e) A district shall reimburse the county for the reasonable
expenses incurred by the county pursuant to this section.
(f) Any district that places a lien on a property for water or
sewer service pursuant to this section on or before December 31,
2014, shall submit to the Assembly and Senate Committees on Judiciary
and to the Assembly and Senate Committees on Local Government, on or
before January 1, 2015, a report containing the following
information:
(1) The total number of liens created under this section for water
or sewer service and the total dollar amount of those liens.
(2) The overall effectiveness of the liens and any problems
associated with the use of those liens.
(g) The remedies in this section are cumulative and in addition to
any other remedy provided by law. The district may pursue remedies
alternatively or consecutively.
(h) This section does not apply to delinquent fees or charges for
the furnishing of electrical service.
(i) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
12811.1. (a) A district, by resolution or ordinance, may require
the owner of record of real property within the district to pay the
fees, tolls, rates, rentals, or other charges for services rendered
to a lessee, tenant, or subtenant, and those fees, tolls, rates,
rentals, and other charges that have become delinquent, together with
interest and penalties thereon, are a lien on the property when a
certificate is filed in the office of the county recorder pursuant to
subdivision (b) and the lien has the force, effect, and priority of
a judgment lien. A lien shall not be created under this section on
any publicly owned property.
(b) A lien under this section attaches when the district files for
recordation in the office of the county recorder a certificate
specifying the amount of the delinquent fees, tolls, rates, rentals,
or other charges together with interest and penalties thereon; the
name of the owner of record of the property to which services were
rendered by the district; and the legal description of the property.
Within 30 days of receipt of payment of all amounts due, including
recordation fees paid by the district, the district shall file for
recordation a release of the lien.
(c) Notwithstanding Sections 6103 and 27383 of the Government
Code, in filing any instrument, paper, or notice pursuant to this
section, the district shall pay all applicable recording fees
prescribed by law.
(d) The remedies in this section are in addition to any other
remedy provided by law.
(e) This section does not apply to delinquent fees or charges for
the furnishing of water or sewer service to residential property or
electrical service.
(f) This section shall become operative on January 1, 2016.
12811.2. (a) Notwithstanding any other provision of law, a district
may establish a temporary relief program for assistance to needy
customers of the district who are financially unable to pay in full
bills for services furnished by the district within the normal period
for payment thereof, and may expend funds, enter into contracts, and
cooperate with and accept cooperation from any state or local public
agency or private nonprofit organization in the implementation of
such a program.
(b) As used in this section, "needy" means either of the
following:
(1) A household with an income which does not exceed the greater
of either (A) an amount equal to 150 percent of the poverty level of
this state, as determined pursuant to paragraph (2) of subdivision
(e) of Section 16367.5 of the Government Code, or (B) an amount equal
to 60 percent of the state median income.
(2) A household with an income which meets guidelines for existing
public assistance programs funded by the federal government.
12812. The board may apportion all or a portion of the expenses of
operation and maintenance of any sewage disposal facilities
constructed by the district, and the interest on any bonds issued
therefor, among the public agencies whose sewers are connected with
district facilities. The board shall establish rules for determining
the apportionment, which among other things shall be based on the
quantity, quality, or characteristics of the sewage delivered by each
public agency.
12813. Notwithstanding any of the provisions of this article, the
board may, in its discretion, finance any sewage disposal or solid
waste resource recovery enterprise, the interest on and retirement of
any bonded indebtedness therefor, and provide for the maintenance
and operation thereof entirely by the levy and collection of taxes
upon the property within the special district for which the
enterprise is constructed or operated, or by rates and charges
imposed upon the users of the facilities of the enterprise, or by
both taxes, rates, and charges, apportionment of expenses among
public agencies served, or any combination of the foregoing.
12814. A district may add fluorine or fluorine compounds to the
water supply of the district only if the voters of the district have
approved the addition of the fluorine and fluorine compounds to the
water supply. If a majority of the voters of a district voting upon
the proposition at an election called and held as prescribed in
Section 12815 have voted in favor of the addition of fluorine and
fluorine compounds to the water supply of the district, the district
shall, subject to Article 1 (commencing with Section 116275), of
Chapter 4 of Part 12 of Division 104 of, and Sections 116325, 116340,
116345, and 116500 of, the Health and Safety Code, add to water
intended for consumption or use by the public, including domestic,
industrial, and other uses, fluorine and fluorine compounds.
12815. The board may call a special election at any time for the
purpose of submitting to the voters of the district the proposition
as to whether or not the voters approve the addition of fluorine and
fluorine compounds to the public water supply of the district. The
ordinance calling an election shall fix the date on which the
election shall be held, the wording of the proposition and the manner
of holding the election and of voting for or against the
proposition. The election shall be consolidated, in the manner
provided in Section 13209, with a statewide primary or general
election. The ordinance shall be published. Another election in the
district on the same or substantially the same proposition shall not
be called by the board, pursuant to this section or Section 12815.1,
within four years after such election.
12815.1. The board shall adopt an ordinance, in accordance with
Section 12815, calling an election for the purpose of submitting to
the voters of the district the proposition as to whether or not the
voters approve the addition of fluorine and fluorine compounds to the
public water supply of the district, when a petition for the
election has been filed with, and certified as sufficient by, the
secretary of the district. The election shall be conducted in
accordance with Section 12815. Petitions meeting the requirements of
Sections 12814 to 12816, inclusive, shall be in lieu of the
initiative procedure provided by Article 1 (commencing with Section
9300) of Chapter 4 of Division 9 of the Elections Code.
12815.2. Petitions which meet the requirements of this article
shall be certified as sufficient.
12815.3. Before circulating the petition, its proponents shall
publish a notice of intention to do so. The notice shall be
accompanied by a printed statement, not exceeding 500 words in
length, stating the reasons for the petition. The notice and
statement shall be published at least once in a newspaper of general
circulation which is published in the district.
Within 10 days after notice is published, the proponents shall
file a copy of such notice and the accompanying statement, and an
affidavit as to the publishing thereof, with the secretary. The
petition may be circulated among the voters of the district
twenty-one days after notice is published. The petition shall bear a
copy of the printed notice of intention and its accompanying
statement. Signatures shall be secured and the petition shall be
presented to the secretary for filing within 180 days from the date
of the first publication of the notice of intention.
12815.4. The petition shall declare that the public interest or
necessity demands that a special election be called by the board of
directors for the purpose of submitting to the voters of the district
the proposition as to whether or not the voters approve the addition
of fluorine and fluorine compounds to the public water supply of the
district. The petition may be presented in sections, but each
section shall contain a declaration of public interest or necessity,
and shall have attached thereto an affidavit substantially in the
same form as set forth in Section 9022 of the Elections Code. In
addition, each section shall be designed as set forth in Section 9020
of the Elections Code.
12815.5. Any registered voter who is a resident of the district may
circulate the petition anywhere within the district. Each section of
the petition shall bear the name of a county, and only registered
voters of that county shall sign such section.
12815.6. The petition shall be filed by the proponents, or by any
person or persons authorized, in writing, by the proponents. All
sections of the petition shall be filed at one time. When the
petition is presented for filing, the secretary shall determine the
total number of signatures affixed to the petition. If, from this
examination, the secretary determines that the petition has been
signed by at least 5 percent of the registered voters in the
district, then the secretary shall accept the petition for filing.
The petition shall be deemed as filed on that date. Any sections of
the petition not so filed shall be void for all purposes.
12815.7. If the petition contains more than 500 signatures, the
secretary shall, within 30 days from the date such petition is filed,
verify such signatures by means of a random sampling. The random
sample of signatures shall be drawn in such a manner that every
signature filed with the secretary is given an equal opportunity to
be included in the sample. Such a random sampling shall include an
examination of at least 500 or 5 percent of the signatures, whichever
is greater.
If the projection made from the random sampling as to signature
validity shows the number of valid signatures as between 90 and 110
percent of the signatures needed to declare the petition sufficient,
the secretary shall examine and verify each signature filed.
12815.8. In determining valid signatures from voter registration
records, the secretary may use the duplicate file of affidavits or
may check the signatures against facsimiles of voter signatures,
provided that the method of preparing and displaying the facsimiles
complies with law.
12815.85. The secretary shall attach to the petition, a certificate
showing the result of the signature examination, and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
12815.9. If the petition is found insufficient, no action shall be
taken on it. However, the failure to secure sufficient signatures
shall not preclude the later filing of a new petition to the same
effect.
If the petition is found to be sufficient, the secretary shall
certify the results of the signature examination to the board at its
next regular meeting.
12816. (a) At least 90 days prior to the election provided for in
Sections 12815 and 12815.1, notice of the election shall be published
within the district. Any voter or group of voters may prepare and
file with the county elections official of the county containing the
largest number of voters within the district an argument for or
against the proposition to be submitted. The argument shall not be
greater than 300 words in length. If more than one argument for or
more than one argument against the proposition is filed within the
time permitted the county elections official shall select one of the
arguments for printing. No more than three signatures shall appear
with any argument. The county elections official of each county in
the district shall mail, or cause to be mailed, to each registered
voter in that county in the district one copy of the argument for and
one copy of the argument against the proposition. The arguments
shall be mailed with the sample ballot.
(b) Based on the time reasonably necessary to prepare and print
the arguments and sample ballots for the particular election, the
county elections official shall fix and determine a reasonable date
prior to the election after which no arguments for or against the
proposition may be submitted for printing and distribution to the
voters as provided in this section. Notice of the date fixed shall be
published by the county elections official pursuant to Section 6061
of the Government Code. Arguments may be changed up to and including
the date fixed by the county elections official.
12817. A district may, through contract or otherwise, construct,
maintain, improve and operate public recreational facilities
appurtenant to any water reservoir owned or operated by the district,
and the district may expend funds on such public recreational
facilities.
12818. (a) No publicly owned utility shall commence the
distribution or sale of water for municipal, domestic, industrial or
similar purposes for, on, or to, any land within a district already
engaged in similar distribution or sale of water and which land is
already subject to the lien of a general obligation bonded
indebtedness of the district for these purposes. However, a publicly
owned utility may commence to provide the service to the land,
otherwise prohibited, upon either of the following conditions:
(1) If the board of directors of the district shall by resolution
permit the service.
(2) In any portion of the district proposed to be served by the
publicly owned utility in which the total number of registered voters
residing therein exceeds 200, and in which at least two-thirds of
the voters shall have voted at a special district election to permit
the service. The election shall be called and held as an initiative
measure pursuant to Article 1 (commencing with Section 9300) of
Chapter 4 of Division 9 of the Elections Code.
(b) As used in this section, "district" shall mean only a
municipal utility district.
12819. (a) Every district furnishing light, heat, or power shall
expend no funds for advertising when the advertising encourages
increased consumption of the services or commodities.
(b) Nothing in this section shall prohibit a district furnishing
light, heat, or power from expending funds for advertising which
encourages the more efficient operation of the facilities, works, or
utilities of the district, or for advertising which encourages the
more efficient use of light, heat, or power, the conservation of
energy or natural resources, or presents accurate information on the
economical purchase, maintenance, or use of any appliance or device
using light, heat, or power.
(c) Nothing in this section shall prohibit a district furnishing
light, heat, or power from expending funds for advertising for the
purposes of economic development that benefits ratepayers, retaining
customers, marketing competitive services and commodities, or
promoting electrotechnologies that enhance productivity or provide
environmental benefits, within or without the district.
12819.5. Whenever a business transaction of a municipal utility
district furnishing electricity, gas, water service where the utility
has 10,000 or more service connections, or telephone service is such
that a personal appearance by a person is required by the district
and the person is unable to appear at the district's place of
business during the district's usual business hours, then the
district shall provide a reasonable and convenient alternative to the
person such as an appointment outside the district's usual business
hours or allowing the person to conduct the transaction by telephone,
mail, or both.
12820. (a) A district may employ a suitable security force. The
employees of the district that are designated by the general manager
as security officers shall have the authority and powers conferred by
subdivision (a) of Section 830.34 of the Penal Code upon peace
officers. The district shall adhere to the standards for recruitment
and training of peace officers established by the Commission on Peace
Officer Standards and Training pursuant to Title 4 (commencing with
Section 13500) of Part 4 of the Penal Code.
(b) Every security officer employed by a district shall conform to
the standards for peace officers of the Commission on Peace Officer
Standards and Training. Any officer who fails to conform to these
standards shall not continue to have the powers of a security
officer.
12821. (a) Notwithstanding Section 117070 or 117120 of the Health
and Safety Code, any violation of a rule or regulation of a district
adopted pursuant to Section 117060 or 117105 of the Health and Safety
Code shall be a misdemeanor unless the district by ordinance
declares the violations to be an infraction.
(b) Every violation declared an infraction pursuant to subdivision
(a) shall be punishable by (1) a fine not exceeding fifty dollars
($50) for a first violation; (2) a fine not exceeding one hundred
dollars ($100) for a second violation of the same ordinance within
one year; and (3) a fine not exceeding two hundred fifty dollars
($250) for each additional violation of the same ordinance within one
year.
12821.5. (a) Whenever residential light, heat, or power is
furnished through a submeter system by a master-meter customer for
sale to users who are tenants of a mobilehome park, apartment
building, or similar residential complex, the master-meter customer
is responsible for maintenance and repair of its submeter facilities
beyond the master meter, and nothing in this section requires a
district to make repairs to or perform maintenance on the submeter
system.
(b) Every master-meter customer shall provide an itemized billing
of charges for light, heat, and power to each individual user
generally in accordance with the form and content of bills of the
district to its residential customers, including, but not limited to,
the opening and closing readings for the meter, and the
identification of all rates and quantities under the applicable rate
structure. The master-meter customer shall charge each user of the
service at a rate which does not exceed the rate which would be
applicable if the user were receiving residential light, heat, or
power directly from the district. The master-meter customer shall
also post, in a conspicuous place, the applicable prevailing
residential rate schedule, as published by the district.
(c) The district shall notify each master-meter customer of its
responsibilities to its users under this section.
12822. (a) This section applies if there is a landlord-tenant
relationship between the residential occupants and the owner,
manager, or operator of the dwelling.
(b) If a district furnishes individually metered residential
light, heat, water, or power to residential occupants in a detached
single-family dwelling, multiunit residential structure, mobilehome
park, or permanent residential structure in a labor camp, as defined
in Section 17008 of the Health and Safety Code, and the owner,
manager, or operator of the dwelling, structure, or park is the
customer of record of the service, the district shall make every good
faith effort to inform the residential occupants, by means of
written notice, when the account is in arrears, that service will be
terminated in 10 days. The written notice shall further inform the
residential occupants that they have the right to become customers of
the district without being required to pay the amount due on the
delinquent account. The notice shall be in English and in the
languages listed in Section 1632 of the Civil Code.
(c) The district is not required to make service available to the
residential occupants unless each residential occupant agrees to the
terms and conditions of service, and meets the requirements of the
district's rules. However, if one or more of the residential
occupants are willing and able to assume responsibility for the
subsequent charges to the account to the satisfaction of the
district, or if there is a physical means, legally available to the
district, of selectively terminating service to those residential
occupants who have not met the requirements of the district's rules,
the district shall make service available to the residential
occupants who have met those requirements.
(d) If prior service for a period of time is a condition for
establishing credit with the district, residence and proof of prompt
payment of rent or other credit obligation acceptable to the district
for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the
district pursuant to this section whose periodic payments, such as
rental payments, include charges for residential light, heat, water,
or power, where these charges are not separately stated, may deduct
from the periodic payment each payment period all reasonable charges
paid to the district for those services during the preceding payment
period.
12822.1. (a) If a district furnishes residential light, heat,
water, or power to residential occupants through a master meter in a
multiunit residential structure, mobilehome park, or permanent
residential structures in a labor camp, as defined in Section 17008
of the Health and Safety Code, and the owner, manager, or operator of
the structure or park is listed by the district as the customer of
record of the service, the district shall make every good faith
effort to inform the residential occupants, by means of a written
notice posted on the door of each residential unit at least 15 days
prior to termination, when the account is in arrears, that service
will be terminated on a date specified in the notice. If it is not
reasonable or practicable to post the notice on the door of each
residential unit, the district shall post two copies of the notice in
each accessible common area and at each point of access to the
structure or structures. The notice shall further inform the
residential occupants that they have the right to become customers,
to whom the service will then be billed, of the district without
being required to pay the amount due on the delinquent account. The
notice also shall specify, in plain language, what the residential
occupants are required to do in order to prevent the termination or
reestablish service; the estimated monthly cost of service; the
title, address, and telephone number of a representative of the
district who can assist the residential occupants in continuing
service; and the address and telephone number of a legal services
project, as defined in Section 6213 of the Business and Professions
Code, which has been recommended by the local county bar association.
The notice shall be in English and in the languages listed in
Section 1632 of the Civil Code.
(b) The district is not required to make service available to the
residential occupants unless each residential occupant or a
representative of the residential occupants agrees to the terms and
conditions of service, and meets the requirement of law and the
district's rules. However, if one or more of the residential
occupants or the representative of the residential occupants are
willing and able to assume responsibility for subsequent charges to
the account to the satisfaction of the district, or if there is a
physical means, legally available to the district, of selectively
terminating service to those residential occupants who have not met
the requirements of the district's rules or for whom the
representative of the residential occupants is not responsible, the
district shall make service available to the residential occupants
who have met those requirements or on whose behalf those requirements
have been met.
(c) If prior service for a period of time, or other demonstration
of credit worthiness is a condition for establishing credit with the
district, residence and proof of prompt payment of rent or other
credit obligation during that period of time acceptable to the
district is a satisfactory equivalent.
(d) Any residential occupant who becomes a customer of the
district pursuant to this section whose periodic payments, such as
rental payments, include charges for residential light, heat, water,
or power, where these charges are not separately stated, may deduct
from the periodic payment each payment period all reasonable charges
paid to the district for those services during the preceding payment
period.
(e) If a district furnishes residential service subject to
subdivision (a), the district may not terminate that service in any
of the following situations:
(1) During the pendency of an investigation by the district of a
customer dispute or complaint.
(2) If the customer has been granted an extension of the period
for payment of a bill.
(3) For an indebtedness owed by the customer to any other public
agency or when the obligation represented by the delinquent account
or other indebtedness was incurred with any public agency other than
the district.
(4) If a delinquent account relates to another property owned,
managed, or operated by the customer.
(5) If a public health or building officer certifies that
termination would result in a significant threat to the health or
safety of the residential occupants or the public.
(f) Notwithstanding any other provision of law, and in addition to
any other remedy provided by law, if the owner, operator, or
manager, by any act or omission, directs, permits, or fails to
prevent a termination of service while any residential unit is
occupied, the residential occupant or the representative of the
residential occupants may commence an action for the recovery of all
of the following:
(1) Reasonable costs and expenses incurred by the residential
occupant or the representative of the residential occupants related
to restoration of service.
(2) Actual damages related to the termination of service.
(3) Reasonable attorney's fees of the residential occupants, the
representative of the residential occupants, or each of them,
incurred in the enforcement of this section, including, but not
limited to, enforcement of a lien.
(g) Notwithstanding any other provision of law, and in addition to
any other remedy provided by law, if the owner, manager, or
operator, by any act or omission, directs, permits, or fails to
prevent a termination of service while any residential unit receiving
that service is occupied, the corporation may commence an action for
the recovery of all of the following:
(1) Delinquent charges accruing prior to the expiration of the
notice prescribed by subdivision (a).
(2) Reasonable costs incurred by the corporation related to the
restoration of service.
(3) Reasonable attorney's fees of the corporation incurred in the
enforcement of this section or in the collection of delinquent
charges, including, but not limited to, enforcement of a lien.
If the court finds that the owner, manager, or operator has paid
the amount in arrears prior to termination, the court shall allow no
recovery of any charges, costs, damages, expenses, or fees under this
subdivision from the owner, manager, or operator.
An abstract of any money judgment entered pursuant to subdivision
(f) or (g) shall be recorded pursuant to Section 697.310 of the Code
of Civil Procedure.
(h) No termination of service subject to this section may be
effected without compliance with this section, and any service
wrongfully terminated shall be restored without charge to the
residential occupants or customer for the restoration of the service.
In the event of a wrongful termination by the district, the district
shall, in addition, be liable to the residential occupants or
customer for actual damages resulting from the termination and for
the costs of enforcement of this section, including, but not limited
to, reasonable attorney's fees, if the residential occupants or the
representative of the residential occupants make a good faith effort
to have the service continued without interruption.
(i) The district shall adopt rules and regulations necessary to
implement this section and shall liberally construe this section to
accomplish its purpose of ensuring that service to the residential
occupants is not terminated due to nonpayment by the customer unless
the district has made every reasonable effort to continue service to
the residential occupants. The rules and regulations shall include,
but are not limited to, guidelines for assistance to actual users in
the enforcement of this section and requirements for the notice
prescribed by subdivision (a), including, but not limited to, clear
wording, large and boldface type, and comprehensive instructions to
ensure full notice to the actual user.
(j) Nothing in this section broadens or restricts any authority of
a local agency that existed prior to January 1, 1989, to adopt an
ordinance protecting a residential occupant from the involuntary
termination of residential public utility service.
(k) This section preempts any statute or ordinance permitting
punitive damages against any owner, manager, or operator on account
of an involuntary termination of residential public utility service
or permitting the recovery of costs associated with the formation,
maintenance, and termination of a tenant's association.
(l) For purposes of this section, "representative of the
residential occupants" does not include a tenants' association.
12822.6. (a) The decision of a district to require a new
residential applicant to deposit a sum of money with the district
prior to establishing an account and furnishing service shall be
based solely upon the creditworthiness of the applicant as determined
by the district.
(b) No municipal utility district owning or operating a public
utility furnishing services for residential use to a tenant under an
account established by the tenant shall seek to recover any charges
or penalties for the furnishing of services to, or for the tenant's
residential use from, any subsequent tenant or the property owner due
to nonpayment of charges by a previous tenant. For this purpose, the
term "subsequent tenant" shall not include any adult person who
lived at the residence during the period that the charges or
penalties accrued. The district may collect a deposit from the tenant
service applicant prior to establishing an account for the tenant.
The district may not require that service to subsequent tenants be
furnished on the account of the landlord or property owner unless the
property owner voluntarily agrees to that requirement, nor may the
district refuse to furnish services to a tenant in the tenant's name
based on the nonpayment of charges by a previous tenant.
(c) A district subject to this section may not demand or receive
security in an amount that exceeds twice the estimated average
periodic bill or three times the estimated average monthly bill.
(d) In the event of tenant nonpayment of all or a portion of the
bill, the deposit shall be applied to the final bill issued when
service is terminated.
(e) This section shall not apply to master-metered apartment
buildings.
12823. (a) No district furnishing its inhabitants with light,
water, power, or heat may terminate residential service for
nonpayment of a delinquent account unless the district first gives
notice of the delinquency and impending termination, as provided in
Section 12823.
(b) No district shall terminate residential service for nonpayment
in any of the following situations:
(1) During the pendency of an investigation by the district of a
customer dispute or complaint.
(2) When a customer has been granted an extension of the period
for payment of a bill.
(3) On the certification of a licensed physician and surgeon that
to do so will be life threatening to the customer and the customer is
financially unable to pay for service within the normal payment
period and is willing to enter into an amortization agreement with
the district pursuant to subdivision (e) with respect to all charges
that the customer is unable to pay prior to delinquency.
(c) Any residential customer who has initiated a complaint or
requested an investigation within five days of receiving the disputed
bill, or who has, within 13 days of mailing of the notice required
by subdivision (a), made a request for extension of the payment
period of a bill asserted to be beyond the means of the customer to
pay in full during the normal period for payment, shall be given an
opportunity for review of the complaint, investigation, or request by
a review manager of the district. The review shall include
consideration of whether the customer shall be permitted to amortize
the unpaid balance of the account over a reasonable period of time,
not to exceed 12 months. No termination of service shall be effected
for any customer complying with an amortization agreement, if the
customer also keeps the account current as charges accrue in each
subsequent billing period.
(d) Any customer whose complaint or request for an investigation
pursuant to subdivision (c) has resulted in an adverse determination
by the district may appeal the determination to the board. Any
subsequent appeal of the dispute or complaint to the board is not
subject to this section.
(e) Any customer meeting the requirements of paragraph (3) of
subdivision (b) shall, upon request, be permitted to amortize, over a
period not to exceed 12 months, the unpaid balance of any bill
asserted to be beyond the means of the customer to pay within the
normal period for payment.
12823.1. (a) No district furnishing light, heat, water, or power
may terminate residential service on account of nonpayment of a
delinquent account unless the district first gives notice of the
delinquency and impending termination, at least 10 days prior to the
proposed termination, by means of a notice mailed, postage prepaid,
to the customer to whom the service is billed not earlier than 19
days from the date of mailing the district's bill for services, and
the 10-day period shall not commence until five days after the
mailing of the notice.
(b) Every district shall make a reasonable attempt to contact an
adult person residing at the premises of the customer by telephone or
personal contact, at least 24 hours prior to any termination of
service, except that, whenever telephone or personal contact cannot
be accomplished, the district shall give, by mail, in person, or by
posting in a conspicuous location at the premises, a notice of
termination of service, at least 48 hours prior to termination.
(c) Every district shall make available to its residential
customers who are 65 years of age or older, or who are dependent
adults as defined in paragraph (1) of subdivision (b) of Section
15610 of the Welfare and Institutions Code, a third-party
notification service, whereby the district will attempt to notify a
person designated by the customer to receive notification when the
customer's account is past due and subject to termination. The
notification shall include information on what is required to prevent
termination of service. The residential customer shall make a
request for third-party notification on a form provided by the
district, and shall include the written consent of the designated
third party. The third-party notification does not obligate the third
party to pay the overdue charges, nor shall it prevent or delay
termination of service.
(d) Every notice of termination of service pursuant to subdivision
(a) shall include all of the following information:
(1) The name and address of the customer whose account is
delinquent.
(2) The amount of the delinquency.
(3) The date by which payment or arrangements for payment is
required in order to avoid termination.
(4) The procedure by which the customer may initiate a complaint
or request an investigation concerning service or charges, except
that, if the bill for service contains a description of that
procedure, the notice pursuant to subdivision (a) is not required to
contain that information.
(5) The procedure by which the customer may request amortization
of the unpaid charges.
(6) The procedure for the customer to obtain information on the
availability of financial assistance, including private, local,
state, or federal sources, if applicable.
(7) The telephone number of a representative of the district who
can provide additional information or institute arrangements for
payment.
Every notice of termination of service pursuant to subdivision (b)
shall include the items of information in paragraphs (1), (2), (3),
(6), and (7).
All written notices shall be in a clear and legible format.
(e) If a residential customer fails to comply with an amortization
agreement, the district shall not terminate service without giving
notice to the customer at least 48 hours prior to termination of the
conditions the customer is required to meet to avoid termination, but
the notice does not entitle the customer to further investigation by
the district.
(f) No termination of service may be effected without compliance
with this section. Any service wrongfully terminated shall be
restored without charge for the restoration of service, and a
notation thereof shall be mailed to the customer at his or her
billing address.
12824. No electrical, gas, heat, or water municipal utility
district shall, by reason of delinquency in payment for any electric,
gas, heat, or water services, cause cessation of any such services
on any Saturday, Sunday, legal holiday, or at any time during which
the business offices of the district are not open to the public.
12825. (a) A district furnishing light, heat, or power may engage
in activities to reduce wasteful, uneconomical or unnecessary uses of
energy, including, but not limited to, public information programs,
the sale of insulation, the sale, rental and lease of materials or
equipment for the purpose of conserving energy or reducing the need
for the installation of electric generating facilities, and the
adoption of voluntary and mandatory load management programs, and may
also engage in activities to accelerate and participate in the
development of alternative sources of energy including, but not
limited to, the supply of equipment for use in connection therewith,
and may do all things necessary or convenient to the full exercise of
the powers herein granted. The interest rates charged on extended
payment contracts for such materials or equipment shall not exceed
that necessary to cover the district's full cost of money plus its
administrative costs and anticipated losses due to nonpayment on such
contracts.
(b) This section does not constitute a change in, but is
declaratory of, the existing law.
12826. Every district shall comply with Section 8029.5.
12827. The board of a district that has owned and operated an
electric distribution system for at least eight years and has a
population of 250,000 or more may engage in programs to encourage
economic development that benefits its ratepayers.