HomeMy WebLinkAboutAdoption of Ordinance No 3404 - Amending Huntington Municipa (2) P'vC/&P&A icf c p'
-3v ; see,/
o Sian/ Iry wL k,
Council/Agency Meeting Held: 616,A
Deferred/Cont'nued to:
eooueno,�
ggproved ❑ Conditionally Approved ❑ Denied 11TV . y Jerk's Signature
fp-0 �y�en tY&SE.UT
Council Meeting Date: September 8, 1998 Department ID Number: CT 98-09
' O�t�`t y2//?� CITY OF HUNTINGTON BEACH-o-/ oFA�ohs � REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: Shari L. Freidenrich, City Treasur
Robert Franz, Deputy City Administrate%
Robert Beardsley, Director of Public Work
Gail Hutton, City Attorney/2-2(92evi
Michael Dolder, Acting Assistant City Administrator/Fire Chief
c ))9169r 1& Alb:
SUBJECT: Adoption of Ordinance Relating to Security Deposit for Water S rvices
rifStatement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
The City's Municipal Code Section 14.12.090 requires a mandatory deposit for all applicants
and conflicts with the California Public Utilities Code Section 10009.5(a) which provides for a
waiver of the deposit based on a showing of creditworthiness. _
Funding Source: Staff costs, per current budget, to reprogram system will be incurred. No
additional funding required, however, currently the interest on the deposits held by the City is
offset against the cost of supplying the service and may need to be reviewed based on this
action.
Recommended Action: Adopt the attached Ordinance amending the Huntington Beach
Municipal Code by Amending Chapter 14.12 entitled "Fees, Rates and Deposits".
Alternative Action(s): Do not approve the revision and continue to conflict with State Law.
1
r,-
REtAJEST FOR COUNCIL ACTIO..-
MEETING DATE: September 8, 1998 DEPARTMENT ID NUMBER: CT 98-09
Analysis: The City was contacted by a new customer who requested that her deposit be
waived based on a showing of creditworthiness. She provided the Public Utility Act section
that supported this fact. As this conflicted with our current City ordinance, the information
was provided to our City Attorney for review. The City Attorney reviewed all applicable
information and determined that the City's ordinance needs to be updated to conform to
State law.
The law provides that the "decision of a public utility to require a new residential applicant to
deposit a sum of money with the pubic utility prior to establishing an account and furnishing
service shall be based solely upon the creditworthiness of the applicant as determined by the
public utility".
Upon receiving the City Attorney's opinion, the City Treasurer's office enacted a temporary
creditworthiness policy as follows:
For municipal service applications received on or after 8/20/98, a
deposit may be waived if the applicant has been with the City of
Huntington Beach Municipal Services for the last two years and
has not incurred a late fee during this period. In addition, if the
applicant is relocating from another City and can provide a letter
from the utility indicating that they have had no late payments
within the last two years, the deposit may be waived.
The Treasurer's office is currently conducting a survey of other Cities and Utility Companies
and will be drafting a permanent Administrative Regulation to define the term
"creditworthiness" as allowed by the State law.
Once the policy is defined, the City will be applying this policy to all customers who have
signed up for service since the effective date of the State bill, January 1, 1990. This will take
some time to implement as we will be working closely with Information Systems, Public
Works and Administrative Services to make the necessary program changes to the current
utility program which currently does not allow an application to be processed without a
deposit. In addition, programming will be required to provide the appropriate credits back to
customers' bills when the "creditworthiness" test is met. For customers who have received
utility services from the City of Huntington Beach at the same location for the period of time
required in the final policy, no credit documentation will be required. However, current water
customers who do not meet the defined time requirement at one location or have relocated
from another City will be required to complete a standard request form and supporting
documention that complies with our policy in order to process a credit. This
"creditworthiness" form will be included with the monthly utility bills and available at the City
Treasurer's counter as soon as it is finalized.
The current amount of customer deposits is approximately $2.4 million. The interest on
these deposits is recorded as revenue to the Water Fund and offset against the costs of
providing the water service in determining the final cost to the customer. In addition, the
DEPSTFNL.DOC -2- 08/31/98 3:32 PM
RE JEST FOR COUNCIL ACTIO,.
MEETING DATE: September 8, 1998 DEPARTMENT ID NUMBER: CT 98-09
City's billing system is based on bi-monthly reading schedules which provide that a new
customer may not receive a bill for up to two months after service has been started.
The utility billing system will be reviewed in conjuntion with the entire financial system review
to address the above items and, as currently, we receive requests from customers regarding
the billing system which we are unable to implement. We will be cognizant of this upcoming
review as we make the necessary changes to the programming to comply with the updated
ordinance.
Environmental Status: None
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance Amending Huntington Beach Municipal Code by Amending
Chapter 14.12 Entitled "Fees, Rates and Deposits" AeogY � 5` °
2. Legal Opinion from City Attorney dated August 12, 1998
3. California Public Utilities Code Section 10009.6
RCA Author: SLF (x5200)
DEPSTFNL.DOC -3- 08/31/98 3:32 PM
Ordinance Amending Huntington Beach Municipal Code by Amending
Chapter 14.12 Entitled "Fees, Rates and Deposits"
ORDINANCE NO. 3404
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING CHAPTER 14.12 ENTITLED
"FEES, RATES AND DEPOSITS"
WHEREAS, the City of Huntington Beach requires all new applicants to deposit a fee as
a guarantee that all water bills, fines and penalties shall be paid by the applicant; and
The California Public Utilities Code Section 10009.5(a), the decision to require a deposit
for an applicant"prior to establishing an account and furnishing service shall be based solely
upon the creditworthiness of the applicant as determined by the public utility.".
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Section
14.12.090 to read as follows:
14.12.090 Water service--Applications. All applications for water must be
made out on forms provided by the Water Department and must be signed by the
applicant or his or her agent.
All applicants must deposit with the Water Department a fee established by resolution
of the City Council as a guarantee that all water bills, fines and penalties shall be paid
by the applicant. The City Treasurer shall waive the deposit upon a showing of
creditworthiness by the applicant as determined by the City.
The deposit shall be returned to the applicant,without interest, at the time water
service is discontinued provided that applicant has not left unpaid any water bill, fine
or penalty. Such unpaid water bill, fine or penalty shall be deducted from the
applicant's deposit and the balance thereof, if any, shall be refunded to the applicant at
his or her last known address.
1
jmp/ordinance/mc 1412/9/1/98
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 21st day of September ; 1998.
ATTEST: tgayor
Zvn,reeZ APPROVED AS TO FORM:
City Cle4"4/7.
REVIEWED AND APPROVED Ci y A rney al q
�� �1
r2 v� 2, INITIATED AND APPROVED:
City Administrator
/. )r\C-ea%M.te-50'
'►f reas er
2
jmp/ordinance/mc 1412/8/28/98
Ord. No. 3404
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 8th day of September, 1998, and was again
read to said City Council at a regular meeting thereof held on the 21st day of
September, 1998, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: Garofalo
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on •
,19 Epee
In accordance with the City Charter of said City City Clerk and ex-officio erk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
9/24/98
0 3'—/ be Al/ IA_ 1ewc-=
expense of the consumer. the determination of the Water Depa.�..•.nt, the setting of a meter
is impracticable or uneconomical for the supply of construction water, the charge for such
unmetered water shall be set by a resolution of the City Council. (674-12/57,792-10/60,1996-8n5,
2535-3/82,Urg 2709-6/84,2948-8/88)
14.12.060 Water rates--Other uses. Water used for any purpose not hereinbefore enumerated,
or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates
or at a special rate to be fixed by the City Council under separate agreement with the consumer.
(674-12/57)
14.12.070 Private fire service rates. The monthly rate for private fire service protection shall
be set by a resolution of the City Council. (674-12/57,751-4/60,2948-8/88)
14.12.090 Water service--Applications. All applications for water must be made out on forms
provided by the Water Department and must be signed by the applicant or his or her agent.
All applicants must deposit with the Water Department a fee established by resolution of the City
Council as a guarantee that all water bills, fines and penalties shall be paid by the applicant. The City
Treasurer shall waive the deposit upon a showing of creditworthiness by the
applicant as determined by the City.
The deposit shall be returned to the applicant,without interest, at the time water service is
discontinued provided that applicant has not left unpaid any water bill, fine or penalty. Such
unpaid water bill, fine or penalty shall be deducted from the applicant's deposit and the balance
thereof, if any, shall be refunded to the applicant at his or her last known address. (674-12/57,
2020-12/75,2508-11/81)
14.12.100 Water service--Turn-on charges. No charge shall be made for the transfer due to
change of ownership or occupancy.
Where the owner or occupant requests temporary turnoff of water service, a charge of five dollars
($5) shall be made for restoring the water service to the premises. (697-12/57,1996-8/75)
14.12.110 Water rates--Turn on. Whenever the distribution line of the municipal water system
shall be duly connected with the premises of any person, and the water turned on such premises,
the charge for water shall be a charge against the person in possession of the premises who used
the water, and the charges shall continue so long as the water is turned on to the premises,
whether the same is actually used or not. (674-12/57)
14.12.120 Water billing. All water bills are due upon presentation and are payable at the Office
of the Treasurer of the City of Huntington Beach, or his authorized agent. Bills are deemed
presented if addressed to the water customer at the address shown on the records of the City
Treasurer and deposited with the United States mail service, postage prepaid. Accounts which
remain unpaid thirty (30) days thereafter are delinquent. A notice of final billing shall be mailed
to each delinquent account specifying a date by which full payment is due. Said final billing
shall include a late fee imposed to recover billing and mailing costs, set by resolution of the City
Council.
Water service for delinquent accounts shall be shut off until all outstanding bills, fees,utility
taxes and penalties have been paid. When the supply of water has been shut off for nonpayment
or a violation of any ordinance or of any rule or regulation, service shall not be resumed until a
turn-on fee, as set by resolution of the City Council, has been paid. (674-12/57,1996-8n5,2400-11ns,
2589-1/83)
14.12.130 Vacating premises. Whenever a consumer shall vacate any premises, he shall
immediately give written notice thereof to the Water Department. Upon the receipt of such
3
jmp/legisdrf/mc 1412/09/01/98
1�
Legal Opinion from City Attorney dated August 12, 1998
•
11 CITY OF HUNTIHCTOIM BEACh
•� a • INTER-DEPARTMENT COMMUNICATION •
riUNrnwrON sit
TO: Robert Beardsley,Director of Public Works
Jeff Renna,Water Operations Manager
Shari Freidenrich, City Treasurer
Gail-HuttanTCity-Attorney
DATE: August 12, 1998
SUBJECT:- Follow-up to RLS 98-0030;Waiver of deposit requirements;
INDEX: - Internal Organization and Operation; Departmental
Powers and Duties; Proprietary Activities; Water
Background:
Recently, a citizen was referred to my office by the City Treasurer's Department to inquire about
a"waiver of deposit" to initiate water service. The citizen presented a letter of creditworthiness
from the City of Anaheim for her previous water service as a demonstration of creditworthiness
as dictated by the California Public Utilities Code Section 10009.6. `t
•
Question: -
Must the City waive the deposit requirement upon a showing of creditworthiness?
Answer:
Yes, California Public Utilities Code Section 10009.5(a) limits the City's right to require a
deposit.
Discussion:
M-previouslyerrro fronrmyoffree datetlanuary-29 t998, California c
Utilities Code Sections 10001-10016 specifically apply to municipally owned utilities such as the
City of Huntington Beach. Effective January 1, 1990,under California Public Utilities Code
Section 10009.6(a),the decision to require a deposit for an applicant"prior to establishing an
account and furnishing service-shall-be-based-solely upon the creditworthiness-of the applicant as-
determined`hythe_public_utility -
re
Pursuant to Huntington Beach Municipal Code Section 14.12.090, "[a]ll applicants must deposit
with the Water Department-a fee established by resolution of the City Council as a guarantee that
all water bills, fines and penalties shall be paid by the applicant." In addition, the section
provides for the mandatory refund of the deposit to the applicant absent any unpaid bills, fines, or
penalties. The deposit is mandatory for all applicants and there is no provision for waiver of the
deposit based on a showing of creditworthiness.
•
Attached please find an ordinance amending 14.12.090 to be consistent with state law. City
Administrator Ray Silver has directed the ordinance be placed on the City Council Agenda for
September 8, 1998. The City Treasurer will also need to establish a clear policy as to what is
required to demonstrate.creditworthiness (e.g. Credit report, letter from other public entity, past
payment history with City). Perhaps it would be useful to contact other public utilities and
inquire about their policies, such as Southern California Edison or the Mesa Consolidated Water
District.
Conclusion:
It is imperative that all applicable laws be reviewed to ensure compliance.
/1„,tr,
Gail Hutton
City Attorney
/jmp
Attachments: California Public Utilities Code Sections 10001 and 100016
Ordinance amending H.B.M.C. 14.12 and Legislative Draft
2 . •
jmp/memos/930030/08/19/98
Ordinance No.
LEGISLATIVE DRAFT
Chapter 14.12
FEES,RATES AND DEPOSITS
Sections:
14.12.010 Service fee
14.12.020 Installation and meter fees
14.12.030 Installation by applicant
14.12.040 Water rates--Designated
14.12.045 Water rates--Budget
14.12.050 Water rates--Construction purposes
14.12.060 Water rates--Other uses
14.12.070 Private fire service rates
14.12.080 (Repealed Urg Ord 2709-6/84)
14.12.090 Water service--Applications
14.12.100 Water service--Turn-on charges
14.12.110 Water rates--Turn on
14.12.120 Water billing
14.12.130 Vacating premises
14.12.140 Change of address
14.12.150 Renewing service
14.12.160 Adjustment of rates
14.12.170 Water fund
14.12.010 Service fee. For uses zoned commercial or industrial, the Water Department, as a
condition to granting the application and furnishing water service to the premises, is authorized
to charge and shall collect in advance the following sums for the purpose of reimbursing the City
for the cost of the system and future replacements and extensions thereof: (3302-11/95)
(a) The sum of sixty dollars ($60)for each usable unit on parcels containing less than ten
thousand (10,000) square feet.
A "usable unit" shall be each residential quarter in hotels and motels. (3302-11/95)
(b) For any parcel containing ten thousand (10,000) square feet of area or more, three hundred
dollars ($300)per acre or fraction thereof, or sixty dollars ($60)per usable unit,whichever is
greater. (3302-11/95)
A "usable unit" shall be any unit defined in subsection(a) above. The charge of three
hundred dollars ($300)per acre shall apply to all commercial and manufacturing
developments. (3302-11/95)
(c) Those areas served by a water main constructed and charged as determined by another
ordinance or executed agreement may be exempt from the usable unit charge in subsection
(a) if said other ordinance or agreement charge is greater than the charge per subsection (a).
(3302-11/95)
(d) All necessary service fees established by the City shall be deposited with the City prior to
approval of the final subdivision map or issuance of a building permit if a subdivision map is
not required. (674-12/57,723-6/59,1001-10/63,1100-12/64,2022-1/76,2535-3/82)
1
jmp/legisdrRlmc 1412/09/01/98
For uses zoned other than 'nmercial or industrial, the Water Dep ent, as a condition to
granting the application and furnishing water service to the premises, is authorized to charge
and shall collect in advance the Capital Facilities Charge for the purpose of reimbursing the
City for the cost of the system and future replacements and extensions thereof. The Capital
Facilities Charge is based on the cost per equivalent dwelling unit(EDU) of existing facilities
and the proposed expansion facilities which shall be set by a resolution of the City Council.
All monies collected as the Capital Facilities Charge shall be used only for projects identified
in the 1995 Water Master Plan to mitigate new water demands resulting from the
development paying the Capital Facilities Charge. (3302-11/95)
14.12.020 Installation and meter fees. In addition to the fee set forth in Section 14.12.010(a),
the Water Department shall charge and collect in advance the following amount for the
installation of water connections and meters: a sum equal to the actual cost of labor and material
in laying such service line, including the cost of the meters, the cost of replacing pavement, plus
fifteen(15%)percent for overhead. The cost of such installation shall be estimated by the Water
Department, and such estimated cost shall be paid by the applicant to the Water Department
before the work of connecting the main with the property is commenced. Whenever the
estimated cost is not sufficient to cover the total expense for labor, material, meters and
overhead, the deficit shall be charged to the property for which such installation was made and
paid by the owner thereof Any excess payment shall be returned to the person applying for
installation. (674-12/57,1996-8/75)
14.12.030 Installation by applicant. The Water Superintendent may in his discretion authorize
an applicant to make the installation at applicant's own cost, and in conformity with the
specifications set forth by the Water Department. (674-12/57)
14.12.040 Water rates--Designated. The water rates to be charged monthly and collected
monthly or bimonthly, as may be determined by the City, shall be set by a resolution of the City
Council.
A Capital Surcharge to be charged monthly as may be determined by the City shall be set by
resolution of the City Council. All monies collected as the Capital Surcharge shall be used only
for projects identified in the 1995 Water Master Plan. (3302-11/95)
The water rates, plus a ten(10%)percent surcharge, shall be applicable to areas outside the
boundaries of the City of Huntington Beach,wherever the City serves water, including Sunset
Beach, an unincorporated area, and Surfside, located within the City of Seal Beach. (674-12/57,
751-4/60,892-4/62,1100-12/64,1217-7/66,Urg 1343-A-8/67,1344-9/67,1901-4/74,1996-8/75,2205-7/77,2218-11/77,Urg
2709-6/84,2826-5/86,2948-8/88,3119-7/91)
14.12.045 Water rates--Budget. It shall be the policy of the City that a balanced budget shall
be maintained for the water fund. Pursuant to Section 602 of the Charter of the City of
Huntington Beach, the City Administrator shall be required to submit said water fund budget in a
balanced condition to the City Council, together with the other budget submittals. The water rate
adjustment necessary to maintain a balanced budget shall be incorporated as part of the annual
budget which shall modify the rates as set forth in Section 14.12.040 of the Huntington Beach
Municipal Code upon adoption of the budget. For the purpose of this Section, "balanced budget"
shall mean that total appropriations for operating expenses do not exceed total estimated
revenues in the annual budget of the water fund.
Operating expenses shall include appropriations for the depreciation cost of those capital
improvements customarily provided for in the operating budget and in accordance with generally
accepted accounting principles. Revenues shall exclude bond proceeds, if any, but include
interest earnings and other nonoperating revenue in accordance with generally accepted
accounting principles. (Urg 2709-6/84)
14.12.050 Water rates--Construction purposes. All construction water shall be taken from
existing outlets designated by the Water Department or from special outlets installed at the
2
j mp/le gis drR/mc 1412/09/01/98
expense of the consumer. If m e determination of the Water Departs , the setting of a meter
is impracticable or uneconomical for the supply of construction water, the charge for such
unmetered water shall be set by a resolution of the City Council. (674-12/57,792-10/60,1996-8/75,
2535-3/82,Urg 2709-6/84,2948-8/88)
14.12.060 Water rates--Other uses. Water used for any purpose not hereinbefore enumerated,
or for schools, hospitals and similar uses, shall be furnished and charged for either at meter rates
or at a special rate to be fixed by the City Council under separate agreement with the consumer.
(674-12/57)
14.12.070 Private fire service rates. The monthly rate for private fire service protection shall
be set by a resolution of the City Council. (674-12/57,751-4/60,2948-8/88)
14.12.090 Water service--Applications. All applications for water must be made out on forms
provided by the Water Department and must be signed by the applicant or his or her agent.
All,applicants must deposit with the Water Department a fee established by resolution of the City
Council as a guarantee that all water bills, fines and penalties shall be paid by the applicant. The City
Treasurer shall waive the deposit upon a showing of creditworthiness by the
applicant as determined by the City.
The deposit shall be returned to the applicant,without interest, at the time water service is
discontinued provided that applicant has not left unpaid any water bill, fine or penalty. Such
unpaid water bill, fine or penalty shall be deducted from the applicant's deposit and the balance
thereof, if any, shall be refunded to the applicant at his or her last known address. (674-12/57,
2020-12/75,2508-11/81)
14.12.100 Water service--Turn-on charges. No charge shall be made for the transfer due to
change of ownership or occupancy.
Where the owner or occupant requests temporary turnoff of water service, a charge of five dollars
($5) shall be made for restoring the water service to the premises. (697-12/57,1996-8/75)
14.12.110 Water rates--Turn on. Whenever the distribution line of the municipal water system
shall be duly connected with the premises of any person, and the water turned on such premises,
the charge for water shall be a charge against the person in possession of the premises who used
the water, and the charges shall continue so long as the water is turned on to the premises,
whether the same is actually used or not. (674-12/57)
14.12.120 Water billing. All water bills are due upon presentation and are payable at the Office
of the Treasurer of the City of Huntington Beach, or his authorized agent. Bills are deemed
presented if addressed to the water customer at the address shown on the records of the City
Treasurer and deposited with the United States mail service, postage prepaid. Accounts which
remain unpaid thirty (30) days thereafter are delinquent. A notice of final billing shall be mailed
to each delinquent account specifying a date by which full payment is due. Said fmal billing
shall include a late fee imposed to recover billing and mailing costs, set by resolution of the City
Council.
Water service for delinquent accounts shall be shut off until all outstanding bills, fees,utility
taxes and penalties have been paid. When the supply of water has been shut off for nonpayment
or a violation of any ordinance or of any rule or regulation, service shall not be resumed until a
turn-on fee, as set by resolution of the City Council, has been paid. (674-12/57,1996-8/75,2400-11/79,
2589-1/83)
14.12.130 Vacating premises. Whenever a consumer shall vacate any premises, he shall
immediately give written notice thereof to the Water Department. Upon the receipt of such
3
jmp/legisdrff/mc 1412/09/01/98
notice, the department shall 1 as the water meter, shut off the water froiu Lae premises and
immediately present the consumer all unpaid bills for water furnished by the City to him up to
that time. Thereupon the consumer shall pay said bills to the Water Department. In the event
that the consumer shall have made a deposit with the department, as required in Section
14.12.090, the balance, if any, of such deposit shall be returned to the consumer after deducting
therefrom the amount of said bills. Until such notice and payments shall have been made, the
premises shall be deemed occupied by the consumer and his liability continued. (674-12/57)
14.12.140 Change of address. Failure to receive mail will not be recognized as a valid excuse
for failure to pay water rates when due. Change in occupancy of property supplied with City
water, and changes in mailing addresses of consumers of City water must be filed in writing at
the Water Department on forms provided for that purpose. (674-12/57)
14.12.150 Renewing service. Each owner or occupant of any premises previously connected
with the City water system desiring to renew the use of water shall make application for renewal
of water service and upon payment of all unpaid charges, if any, together with any turn-on charge
imposed by Section 14.12.100, the water will be turned on. (674-12/57)
14.12.160 Adjustment of rates. The Council shall have the sole power to grant rebates from
the rates specified in this chapter to indigent persons, and in the event of any dispute as to the
water rate to be paid by any consumer, it shall determine the same. (674-12/57)
14.12.170 Water fund. All moneys collected from fees and charges under Chapters 14.04 through
14.20 of the Huntington Beach Municipal Code shall be deposited in the treasury of the City in a water
fund and annually there shall be disbursed from said water fund to the general fund, an amount equal to
fifteen(15%)percent of the gross revenue received from the sale of water by the Water Department in
lieu of franchise and property taxes. (738-12/59)
4
jmp/legisdrf'mc 1412/09/01/98
California Public Utilities Code Section 10009.6
' P,,, r, • 0, . ice - .•.'f re ��.. 5 T't; , F , , +.
f rt,,'f v .. • ze ,
PUBLIC UTILITIES CODE - § 10016 •• ,
Division 5 '' • • :
UTILITIES OWNED BY MUNICIPAL CORPORATIONS .
Chapter 1
ACQUISITION, OPERATION,AND SALE OF UTILITIES . . - :• '.. '•- .
Article 1
ACQUISITION AND OPERATION.
Section Section .
16009.6. Deposits; creditworthiness of applicant; vice connections, or telephone service;
recovery of prior tenant's charges • personal appearance during business '•, , ,
hours; alternative arrangements. t` t
from subsequent tenants; maximum
security deposit; application to final 10016. Rater funushed for residential use to '
tenant; nonpayment; recovery of ,' t•;
bill. charges and penalties; security depos- •' ,t .' -
10011,5. Public utility furnishing electricity, gas, it; maximum amount; application to
water service with 10,000 or more ser- final bill. . - • • ,
§ 10009.6. Deposits; creditworthiness of applicant; recovery of prior tenant's charges from subse• x'+ !, . t-
quent tenants; maximum security deposit; application to final bill
(a) The decision of a public utility to require a new residential applicant to deposit a sum of money with H ^+
the public utility prior to establishing an account and furnishing service shall be based solely upon the i
creditworthiness of the applicant as determined by the public utility. r; ,
(b) No municipal corporation 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 L)`k` ,. •'.'-a •
property owner due to nonpayment of charges by a previous tenant. For this purpose, the term �'.. ''i :.� ,. ..,„,-'•, ; - ,
subsequent tenant"shall not include any adult person who lived at the residence during the period that
the charges or penalties accrued. The municipal corporation may collect a deposit from the tenant z ' f ,., }, € . ;
service applicant prior to establishing an account for the tenant. The municipal corporation may not
require that service to subsequent tenants be furnished on the account of the landlord or property ownertf t
unless the property owner consents through a written agreement. • yt
(c) A public utility 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 ...-•
(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. '.. `" .' f' f . • -
(e) This section shall not apply to master-metered apartment buildings. a
(Amended by Stats,1996,c.24(A.B,1770),§ 1,eff.Apnl 8, 1996.) •
§ 10011.5. Public utility furnishing electricity, gas, water service with 10,000 or more service b r •
connections,or telephone service; personal appearance during business hours; alter- -•,,
native arrangements
Whenever a business transaction of a public utility, as defined in Section 10001,furnishing electricity, r: `'
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 utility and the person is unable to appear at <3.
the utility's place of business during the utility's usual business hours, then the utility shall provide a '_ _ +•
reasonable and convenient alternative to the person such as an appointment outside the utility's usual .,, ,..
business hours or allowing the person to conduct the transaction by telephone,mail,or both. .' -'-• +•••'.
+ L
(Added by Stats.1995,c.614(S.B.1048),§ 2.)
§ 10016. Water furnished for residential use to tenant; nonpayment; recovery of charges and
penalties; security deposit; maximum amount; application to final bill
(a) No municipal corporation owning or operating a public utility furnishing water 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 water to or for the tenant's residential use from any subsequent tenant ' ' ' or the x.='
Additions or changes indicated by underline; deletions by asterisks ' ' '
9 ,
G yp -kl'41. W "4 0I1 t••,'Jr klid y.;'.:•,"�• 11
,, - -
MUNICIPALLY OWNED UTILITIES § 10001
Div. 5
Section
- 10009. Individually metered service in multiunit residential structure, mobilehome
park or labor camp; notice of termination for nonpayment.
10009.1. Master-metered residential service in multiunit structure, mobilehome park
or labor camp; written notice of termination; termination; actions; dam-
ages.
/IUNICIPAL 10009.6. Requirement for deposit to'be based solely upon credit worthiness of appli-
cant.
IS 10010. - Termination of residential service for nonpayment of delinquent account;
notice; situations where termination not allowed; complaint or investiga-
Section tion of dispute; review; appeal; amortization of delinquency.
10001 10010.1. Notice of delinquency; contact prior to termination; notice of termination;
third-party notification for elders or dependent adults; contents of notice.
10011. - Termination of services on weekends, legal holidays or time when business
office not open.
al Research 10012. . Compliance with § 8029.5. •
ays. earth Wallows you to 10013. Privatizers; applications for exclusion from regulation under § 216.
10014. . • Contracts to provide technical assistance to comply with § 10013.
'ormation 10016. Water furnished for residential use to a tenant; nonpayment; recovery of
charges and penalties; service to subsequent tenants.
parallel citations with the Library References
)lement your research, see the Sovereign immunity study. 5 Cal.L.Rev.
the Preface. - Comm. Reports 85 (1963).
United States Code Annotated
Department of Energy, relationship with states, see 42 U.S.C.A. § 7113.
Residential energy conservation, requirements, see 42 U.S.C.A. § 8211 et seq.
§ 10001. Public utility
"Public utility" as used in this article, means the supply of a municipal
SALE OF UTILITIES corporation alone or together with its inhabitants, or any portion thereof, with
, water, light, heat, power, sewage collection, treatment, or disposal for sanitary
Section or drainage purposes, transportation ofpersons or roe means of commu-
10001 g p � p property,�'
10051 nication, or means of promoting the public convenience.
. 10101 (Stats.1951, c. 764, p. 2206, § 10001. Amended by Stats.1984, c. 1112, § 1, eff. Sept.
10151 13, 1984.) •
10201 . -
. 10251 Code Commission Notes -
...................... 10301 The term "Municipal Corporation" is used in this Division where deemed
appropriate, since it may have a broader meaning than "city." See State v.
Mann Municipal Water District, 17 Cal. (2) 699. [Cal.C.Comm. Public Utilities
Code—First Draft (1950)] -
?ERATION Historical and Statutory Notes
Sections 2 to 5 of Stats.1984,c. 1112 provide: zation project to use,or lay and use,sewers and
"Sec. 2. (a) Pursuant to an ordinance sewerage facilities, pipes, and other structures
adopted by the city council, the City of Norco, for collecting, transmitting, and disposing of
or any agency of that city,may authorize,grant, sewage under, along, across, or upon public
ur enter into a franchise, license, or service streets, highways, alleys, or public properties
.. aGTcment for the construction, maintenance, and easements, regardless of how created.
_ r'°d operation of a privatization project. The "(b) In addition, the city council may adopt
or power. ` hix license, or service agreement may any other ordinance, or take any other action it
efficient T'';;;'`".OLze the owner or operator of the privati- deems appropriate, to facilitate the successful
onsumption; authorized for -.K�,r ' _,_ 177
Mh
-f.
3.
. • / .:r•, x,} :"n r i. r:--s p y 1
I s d Cy . mot'
r:l z r ( ,.,-.•
.x. • . ` Jy-. x - t}, x}.7fgt .c r x+�
;i - fits --, ,. ;�.t _
i f yySjr t•
I
x
PUBLIC UTILITIES CODE 1� : _,:.,
Annotated i ..�-,.__• ---
-1h�s
DIVISION 5 1 v ?.`iI f="
;tom f`
Utilities Owned by Municipal Corporations •I 4 �, =x= S •
CHAPTER 1 •i i .{ ;: � __
•
Acquisition, Operation, and Sale of Utilities ; 1.`= ; -=.=-_ -
Article • i� 11 = 5r: =-
1. Acquisition and Operation. § 10001 i' a`'' =�_4.' •,
2. Sale and Disposal. § 10051 • t Wiz;- 41_= '
3. Rights of Way. § 10101 -fi`' '-
4. Rights in Public Lands and Waters. § 10151 '.° -1: '="_"`' `
5. Permitted Use of Improvements. § 10201 1 tJ =K'"`-�F _:
6. Injury to Property. § 10251 i t4 v l~ "_'._
7. Financing Provisions. § 10301 1 X`''z_
ARTICLE 1 ;;,i,�hy'Y 7 _=_-
Acquisition and Operation -,-:.- i '-'_2 r~
• [Division 5, Utilities Owned by Municipal Corporations—Chapter 1, ';}5;,^s��; :`:%'-
Acquisition, Operation, and Sale of Utilities--Article 1, Acquisition and i� j. - -_- _>
Operation;Enacted 1951.] , • d `'Y,; A y-•.`=--
•
§ y .- ::ice: `_ -_ ,
10001. "Public utility"
:III -�•<-,.:.-''_,.- e
§ 10002. Acquisition and operation of public utility by municipal corporation f1;�,11 sr{_- .:-` j:
§ 10003. Powers included in power to acquire aid operate public utility 1 ,c•; .-.-, _,
§ 10004. Incidental powers included in power to acquire and operate public utility •
i i 5 '"'1= '
§ 10005. Power to dispose of excess of product outside corporate limits s'' = =` • _
•• § 10006. Term of lease of utility; Manner of letting of lease, C'1` -___ '
publicf.
§ 10007. Expenditures for advertising to encourage increased consumption :;�1 :-•' _ - -
I § 10008. [No section of this number] 1; __ - -
1 1 'f•z.- -
``'`?;s ,..tip
d ,
/" - •,,✓"mod
§10001 MUNICIPALLY OWNED UTILITIES
§ 10009. Duties with respect to nonsubscriber residential users . • T
-Y ,
§ 10009.1.Duties of public utility furnishing service to residential occupants through :x = Term "utilities" as ,
s:
master meter - • use of municipal fu
§ 10009.6. Credit worthiness as basis for requiring deposit
' :t lays means"public
§ 10010. Termination of services 4 sewers.
eaational Ci
§ 10010.1.Termination procedure; Notice of termination San Francisco Inter
§ 10011. Cessation of service on Saturday, Sunday, or holiday - • ity and its common
§ 10012. Compliance with provision regarding polychlorinated biphenyls air carriers using ai
§ 10013. Application by privatizer for determination that proposed project is not
public utility
§ 10014. Contracts to provide technical assistance r § 10002. Acc
§ 10015. [No section of this number] z corporation
§ 10016. Recovery from subsequent tenant for nonpayment of water charges by E. Any municip
previous tenant • I lease any put
Cross References: Enacted 1951.
Municipally owned utilities: Const Art XI §9. Historical Derive
t
Collateral References: Cross Referent
Witkin Summary(9th ed) Constitutional Law §905. 1 Public utilitl
Cal Jur 3d Municipalities § 129, Public Transit § 129,Wharves § 10.
Collateral Ref(
CalJur3dl
§ 10001. "Public utility" t
i Am Jur 2d]
"Public utility" as used in this article, means the supply of a i Law Review A
-municipal corporation alone or together with its inhabitants, or any - - Jurisdiction
portion thereof, with water, light, heat, power, sewage collection, 11 Cal LI
treatment, or disposal for sanitary or drainage purposes, transporta- Annotations:
tion of persons or property, means of communication, or means of Right of m
promoting the public convenience. resident ti
Enacted 1951. Amended Stats 1984 ch 1112 § 1, effective September 13, 1984.
Amendments: l Supplying of elect]
1984 Amendment: Added "sewage collection, treatment, or disposal for sanitary or i service in which
drainage purposes," after "power,". i gage. Clark v Los
Historical Derivation: Stats 1911 ch 715 § 1 2d sent p 1394. E 722.
Whatever city doe
Code Commissioners'Note: is furnishing and
i
The term "Municipal Corporation" is used in this Division where deemed appropri- itself and its inha'
ate, since it may have a broader meaning than "city." Sed State v Mann I or quasi-private c:
• Municipal Water Dist. (1941) 17 C2d 699, 111 P2d 651. Co.v Los Angels
P : Jet Bros. Distillb
Cross References:
"Public utility": Pub Util C§216. t
"Public agency":Wat C §31100. _ t § 100003 1 • P(
Collateral References: uty
Cal Jur 3d Municipalities § 129, Public Transit §20. The power
to complete
Attorney General's Opinions: t.: utility acqu:
54 Ops Atty Gen 136 (right of general law city to operate community cable
television system as public utility pursuant to this section). Enacted 1951.
2
F
- )•.' E . ' y # • tl:.r�`} 1 ,f ..J t t
• 24 '.. tD ,x r 1, > r •.a •0r•t i e .', •r a ;'b,g 14:t.Y , . f
`.
•
•
•
2,� % f{ c f k ;i
rF• a +f 1 a ,
ACQUISITION, OPERATION, SALE §10003 I.
II't`=•
NOTES OF DECISIONS -_-
v Western Air Lines; Inc. (1962) t?``:' =
"utilities" as used in statutory restriction on San Francisco �• 1 `i-:..
Term ti
use of municipal fund established for capital out- 204 CA2d 105,22 Cal Rptr 216. ._ . ::' -
Ys means "public utilities;' and does not include Fact that number of air carriers using or enjoyiniht:-.:-;-.....-::--.v Fritz (1949) 33 C2d 635, common-use facilities at San Francisco Intern- te±_ : ,::.
0se4 p2 National City tional Airport is by circumstance relatively limited I
SO4P2d7. re'
San Francisco International Airport is public util- does not destroy public character of such public- `- -" --• +
provided for all utility service.San Francisco v Western Air Lines, t- . -.
ity and its common-use facilities, -- __ --
air carriers using airport,are Public-utility service Inc.(1962)204 CA2d 105,22 Cal Rptr 216. 2;v _ -
utili by municipal• 1lit;•'::-:at.i..i:-:''.E:- .--i:..,--,� `�-� .
•
§ 10002. Acquisition and operation of public utility
corporation F. } .,..
mayacquire, construct, own, operate, or -. ;-
Any municipal corporation _'- ,=:
lease any public utility. • 1'=>� _
Enacted 1951. -a.Y.-r_Y , _ti
n: Stats 1911 ch 715 r 1st sent p 1394. x'=Z'=- _ -
Historical Derivation: I i4 ��=L� _ - - r .
Cross References: C§§6001 et seq. 1. '�-`•_ ;` .; - -
chises by local governments: Pub Util .;- ? �
Public utility franchises } ; _ ; - •= :•
Collateral References: 10. '1 _3, %yk�,'~-'~
Cal Jur 3d Municipalities §§ 129, 131, Wharves § i '' =''=='_
Am Jur 2d Electricity Gas, and Steam §§32 et seq. 1 r z "` _-,_ _,
Articles: i `„
Law Review co corporations..
: �== - •.: - .
Commission overpublic service by municipal �° i r :_=_' �Y.;=-,s;_.
Jurisdiction of Railroad Commi 1• ; -r :>- .. -
i1Ca1LR73, 97. !( r
Annotations: • ' Hi- -= ;
Right of municipality to refuse services provided by it to resident for failure of ' ,1=„# `t .-
Iresident to pay for other unrelated services. 60 ALR3d 714. {
NOTES OF DECISIONS !I `l -"' .
1i. is,7 - -: -
121,40SCt76. •� :-
Supplying of electricity for motive power is public US 32,64 L Ed , ,
service in which municipal corporation may en- City engaged in business of acquiring and distn-b- 11.
--.=M1
gage. Clark v Los Angeles(1911) 160 C 30, 116 P uting electric energy for use of public generally i 11 _ -_a
capacity acts in -
722• and for city in its governmental cap Y
Y engaging proprietary capacity and in this respect is no ., - j
Whatever city does in matter of ectuall en a ,+ `y. ::Y.
in fi, and i g and delivering of electrical energy to different from private corporation or individual --_•-•_ .f-'
itself and its inhabitants is done in its proprietary furnishing electric energy to city for public pur- 'Y
or quasi-private capacity.Los Angeles Gas&Elec. pos
es. Logan v Glendale (1933) 132 CA 169, 22 ?;i a` ^.yam_;;, .=:; :
Co.v Los Angeles(1917;DC Cal)241 F 912�affd , ,,,1 -e�``=-_-..;..';.i.-`'
P2d 552. +' `.; _.:
Jet Bros. Distilling Co. v Carrollton (1920) 251 • :,1 a=`-- -. ,*••
Powers included in power to acquire and operate public A. -.: •. " :.
10003. �'� _
utility , -
public utility includes the power
The power to acquire and operate a -
to complete, reconstruct, extend, change, enlarge, and repair a public :!F
bya municipality. ! '
utility acquired, constructed, owned, or operated ; .-
Enacted 1951. '
3
- r. �' • a ^P2 k `4 }} ate•' .' t i
• l- i ,• tr • , :r^4 r V3 x A''"i - .-. 4. `t e 4' '',•a �s� �,-t i f•
A
h .
§10003 MUNICIPALLY.OWNED UTILITIES
Historical Derivation:Stats 1911 ch 715 last sent p 1394. . %I.:. § 10006. Term c
Cross References: No lease of a pi
Power to dispose of excess of product outside corporate limits:Pub Util C§10005. • and all such lea
Collateral References: Enacted 1951.
Am Jur 2d Electricity, Gas, and Steam §§34 et seq. Historical Derivatior
Law Review Articles: • Collateral Referen
Operation outside city limit. 9 Cal LR 254. - Cal Jur 3d Mun
• Power of municipal corporation to manufacture and distribute electricity. 11 Cal
LR 94. Annotations:
x Power of inuni
i therein. 61 A.
§ 10004. Incidental powers included in power-to acquire and operate I.
public utility
For the purpose set forth in Sections 10002 and 10003 a municipal F sumptio Exper
ption
corporation may acquire; own, control, sell, or exchange lands, (a) Every publi
easements, licenses, and rights of every nature within or without its
corporate limits, and may operate a public utility within or without ! no funds for a(
the corporate limits when necessary to supply the municipality, or its i consumption of
inhabitants or any portion thereof, with the service desired.. i (b) Nothing in
light, heat, or
Enacted 1951. encourages the
Historical Derivation:Stats 1911 ch 715 §2 p 1394.
advertising whi
Collateral References: • r
power, the COT.
Cal Jur 3d Municipalities §§ 129, 131.
Am Jur 2d Electricity, Gas, and Steam §§34 et seq. accurate 1 of any appiaiic
1.
anc
Law Review Articles: F
.Operation outside city limits. 9 Cal LR 254. Added Stats 1974 cl
k Cross References:
Annotations: 1 Municipal adve
Singleness of proposition submitted to voters for bond issue for public utility. 4
ALR2d 617. i
§ 10008. [No
§ 10005. Power to dispose of excess of product outside corporate -
limits I
• 3 § 10009. Dutie
Whenever, in the operation of a utility, a municipality develops an (a) Whenever
excess of water, light, heat, or power, over and above the amount i tial light, heat,
which is necessary for the use of the municipality and its inhabitants, residential str
or such portion thereof as the legislative body of the municipality structures in a
1
determines is to be supplied therewith, the municipality may sell, and Safety Co
lease, or distribute the-excess outside of its corporate limits. I the public uti
Enacted 1951. • make every gc
Historical Derivation: Stats 1911 ch 715 §3 p 1395. means of a no
Collateral References: terminated in
Cal Jur 3d Municipalities §§ 129, 132. • occupants tha
Am Jur 2d Electricity, Gas, and Steam §38 . utility withou
Law Review Articles: quent account
Jurisdiction of railroad commission over extraterritorial operation of municipal (b) The public
plant. 9 Cal LR 252.
. 4 ` -
•
e 1 ' • ; r r y r••c .s 1 ,..r y:wt -}.t Xt fit t
b • • r . , 4 +b.h4 of¢ fr
4i � • . ' , r t saj r .t, , ; yYc ^�
'L 3
r1, itc . „. " 'f ff1.",=43 t ' #. ,AY. e�
9ft .S c:,
30009 .i
ACQUISITION, OPERATION, SALE § 1 `-;� -
10006. Term of lease ofpublic utility; Manner of letting.of lease r'l.,- -.
J •>1
/- No lease of a public utility-is valid for a period of more than 15 years, Ik.---,•,,•-i:,-
and all such leases shall be let to the highest bidder at public auction. j:__= y
Enacted 19Derivation: Stats 1911 ch 715 §4 p 1395. 11-:i''','.'1,1::-.:::_z-:-.--;.-11-:•:::.1:-.;.-
` ' z
HistoricalCollateral References: ;`3=�
Cal Jur 3d Municipalities § 129. •
;z =
Annotations: r _'? _3. -
or mortgage utility plant or interest ' `
r Power of municipality to sell, lease, publici -
; therein. 61 ALR2d 595. ±
Expenditures for advertising to encourage increased con- .w ��:
sumption I _r M
(a) Every public utility furnishing light, heat, or power shall expend _-__,r -
no funds for advertising when such advertising encourages increased sa .,
t : ,. ...Nam•.:.a::'.
t consumption of such services or commodities. s: .- r, ,:,1=: .:
(b) Nothing in this section shall prohibit a public utility furnishing It- ;;;
light, heat, or power from expending funds for advertising which ri1_�..:-_,, _..; ,-,;
encourages the more efficient operation of' the public utility or for : I 1 L fr z
advertising which encourages the more efficient use of light, heat, or 1 ,; _ ; :-- •
power, the conservation of energy or natural resources, or presents ; r,; r ^==_::
accurate information on the economical purchase, maintenance, or use I i J;; s
appliance or device using light, heat; or power. "=r-
of any i �:�;� _ ,
§3 effective April 30, 1974. _ =' '' `
Added Stats 1974 ch 194 ,,:+ss
• Cross References: {: is`°=�%' =' ' `
Municipal advertising: Gov C §§40100 et seq. ' qi. _li*,=,..z.,---.-,5--t-:,.-- :::- :i
§ 10008. [No section of this number] 1.= ===_ -
§ 10009. Duties with respect to nonsubscriber residential users . - 7-= ='==_'-
(a) Whenever a public utility furnishes individually metered residen- _ .�c ii�i -- -
tial light, heat, water, or power to residential occupants in a multiunit '' � - =_: '
residential structure, mobilehome park, or permanent residential ;; .1 ,
structures in •
a labor camp, as defined in Section 17008 of the Health i,,itI
and-Safety Code, where the owner, manager,- or operator is listed by , = _A,z,;.. - :__.
the public utility as the customer •
of record, the public utility shall : _ ' =-_'_.
make every good faith effort to inform the residential occupants, by •,'_? = ,-
means of a notice, when the account is in-arrears, that service will be ; == ..,-,---
terminated in 10 days. The notice shall further inform the residential s -_�- .::; -
occupants that they have the right to become customers of the public 'j° =s. _
utility without being required to pay the amount due on the delin- -,v
quent account. `f
Y '--
' -
(b) The public utility is not required to make service available to the =:_: -:
i•1;—
•
Zi l} ti+� i • + 4er 4f �c ys ; -`�r P :!.. l ••1 E i 1 d 6��t •;Y - I
-S:': i ,..j •`', nit. :* , ` rr f:• • 'r , F•f , t
;. ` + n;> .. ,
2
§ 10009 MUNICIPALLY OWNED UTILITIES '.t:':-=
residential occupants unless -each residential occupant agrees to the ''
;:: manager, or
fo
terms and conditions of service, and meets the requirements of law' '--= occupants" e;
-:.* first sentence;
and the public utility's rules.- However, if one or more of the and (d) "cust(
residential occupants are willing and able to assume responsibility for - being" in the
tial occupant
the entire account to the satisfaction of the public utility, or if there is -'I.
r actual user"t
a physical means, legally available to the.public utility, of selectively . (c).deleting
' residential oc
�-
terminating service to those residential occupants who have not met• • �-.��- "reside
the requirements of the public utility's rules, the public utility shall ' :_: toting
make service available to the residential occupants_ who have met :a _ in the appears in
those requirements. utility" after
=' occupant" fo:
(c) Where prior service for a period of. time is a condition for Note--Stan 19
establishing credit with the public utility, •residence and proof of SECTION 1.
prompt payment of rent or other obligation acceptable to the public safeguards a
utility for that period of time is a satisfactory equivalent. provider of i
this act prey(
(d) Any residential occupant who becomes a customer of the public district, or, •
utility pursuant to this section whose periodic payments, such as owned publi
rental payments, include charges for residential light, heat, water, or • periods of c
P y g g providing ac
. power, where these charges are not separately stated, may deduct i additional re
from the periodic payment each payment period all reasonable tCross References
charges paid to the public utility for those services during the .; Notice to user
preceding payment period. i 16481 et seq.
r Duty of electr
Added Stats 1976 ch 1033 §2. Amended.Stats 1985 ch 888 §6; Stats 1988 ch 1533 sec 3. residential s
labor camp:
Amendments: I Notice of term
1985 Amendment: (1) Amended subd (a)by (a) substituting the first sentence for the
former first sentence which read: "Where utility service is provided to residential _ i
users through a master meter, the public utility shall make every good faith effort § 10009,1. Du
to inform the actual users of the utility services when the account is in arrears -
that service will be terminated in 10 days."; and (b) adding "delinquent" before occupants thrc
"account" at the end of the subdivision; (2) amended subd (b) by (a) substituting i (a) Whenever
"is not required to make service available to the actual users unless each actual t residential occ
user agrees to the terms and conditions of service, and meets" for "shall not be -
obligated to make service available unless and until each and every actual user of tial structure,
the utility system then residing on the premises shall agree to the terms and 1a labor camp;
conditions of service, and shall meet" after "The public utility"; (b) substituting ". i Code, where '
However, if' for ", provided, however, that if(1)" at the end of the first sentence; 1
and (c) deleting "(2)" before "there is a physical" in the second sentence; (3) ! utility as the
amended subd (c) by substituting (a) "with the public utility, residence" for "by good faith eff
„ 1
the serving utility, residency" after "credit"; (b) "that" for "such" after "rent written notice
for";and (c) "is" for "shall be" after "of time"; and (4) substituted subd (d) for i
former subd (d) which read: "(d) Any actual user of utility services who becomes days prior to
a utility customer pursuant to this section whose periodic payments, such as will be term
rental payments, include the costs of utility services, where such costs are not reasonable aseparately stated, may deduct from his payment each payment period all such
reasonable charges paid to the utility for utility services during the preceding residential un
payment period." each accessii
1988 Amendment: (1) Amended subd (a) by substituting (a) "individually metered structure or
residential light, heat, water, or power to residential occupants in a multiunit
residential structure, mobilehome park, or permanent residential structures in a ' occupants th
labor camp, as defined in Section 17008 of the Health and Safety Code, where the t whom the se
owner, manager, or operator" for "residential light, heat, water, or power l the amount
through a master meter, or furnishes individually metered service in a multiunit i specify, in pl
residential structure, mobilehome park, or farm labor camp where the owner, I
6 • l
ri
. '• ' $ .r E:�t .:, . .-. r '. t •�.Ef ry .,.x= ;,r +F +; Y.. i"I ) •• 4 't' S �;',r '••
,, t 5 s � '� .- k ,a • ,• "�,. a •`^ .,, 1 , f?'
sr. .+ ,F',., # t • f • s f.:.. . t+• v r} ! ` k r r:i , ,: .: j
• ytry �, ' ;# _t - -x ,f ; .4 t+t n •xv, ,
a •r-'4 - C +. Yid 1: f ,y4,•` ,
`
7r
IOOQ9.1 4°�}
ACQUISITION, OPERATION, SALE § I i_ ..-
" "residential � r;'°:_� -
manager, or farm labor employer" after "utility furnishes ; (b) �, _ `
upants" for "actual users oif the utility services after to inform the" in the i .•; = -
I' "residential occupants" for "actual users" after'"inform the"; - = _ :•'
first sentence; (e) t , •�
t and (d) "customers of the public utility" for "utility customers before ��without sa ' ' =
} being" in the second sentence; (2) amended subd (b) by'(a) substituting residen- R 1
tial occupants unless each residential occupant" for "actual users unless each • #�, 1., - '
E actual user" before"agrees to the". (b)adding "law and" after"requirements of";
E'„_- =
(c) deleting "and tariffs" at the Fend of the first sentence; (d) substituting "of the /t ;r�_--_ :-- :•
_. residential occupant" for "or more actual users" before "are willing"; (e) substi- 1;1 ,_ _
tuting "residential occupants" for "actual users" before"who have" wherever it c
1 appears in the second sentence; and (0 deleting"and tariffs" after"utility's rules" ?lic f..-- �.:.:;_ ::' ;
in the second sentence; (3) added "or other obligation
(4)a substituted e o'resid nt al $ ` ` •:'
` utility" after "payment of rent" in subd (c), ' ;='=
occupant" for"actual user" in subd(d). _ -s
•
Note—Slats 1985 ch 888 provides `f = -€' �` : =' _� •
SECTION 1. This act is intended to establish minimum standards for procedural h;..,,:._u ::-• •;•.
safeguards applicable to utility shutoffs, notices, and billing disputes by all j 1.4 _:.
providers of utility service, whether investor-owned or publicly owned. Nothing in E e,' w�
this act prevents a municipal utility, a public utility district, or a municipal utility : ram .^ -__> - i
district, or, with the approval of the Public Utilities Commission, an investor- • >,< ;,:':,
owned public utility from giving customers more information, gi g g I - t
periods of time for customer response, providingmore notice for customers, rfs it`s:,` :_r, -
providing additional opportunities for a customer to be heard, or providing tt :n;V-__;
not terminating service. ;!i i'If ``='`'``"
additional reasons for ��==-��-'���=
Cross References ,, ---•'•Notice to users of termination of service: Pub Util C §§777 et seq., 12822 et seq., • -r-Tigik-i'4',;:.
3-<
16481 et seq. `'v =`:= :• ''
Duty of electrical, gas, heat, or water corporation to residential user in multiunit i _
residential structure, mobilehome park, or permanent residential structure in i 1 : : :-
•
labor camp:Pub Util C §777. i 11145-1 y'`�=`.-
Notice of termination of residential service:Pub Util C t Z_
ofpublic utility furnishing service to residential i tw`=:'==Y_•
10009.1. Duties I �=�- :: •
•• through master meter z{n- ` '';_=`
occupants `I �J='= _ �:_ �': .��
--ma'^ .i
•• (a) Whenever a public utility furnishes light, heat, water, or power to -
_ `«_
residential occupants through a master meter in a multiunit residen- w
tial structure, mobilehome park, or permanent residential structures in ? , 'y -�_.
a labor camp, as defined in Section 17008 of the Health and Safety i
. Code, where the owner, manager, or operator is listed by the public _�
utility as the customer of record, the public utility shall make every ' r - : :; .., :
good faith effort to inform the residential occupants, by means of a •
.�.�; vti Y_•
written notice posted on the door of each residential unit at least 15 • �: ;_, . r_.:._
• days prior to termination, when the account is in arrears, that service :11,E
will be terminated on a date specified in the notice. If it is not Il•:':_y j ,- .:.
reasonable or practicable to post the. notice on the door of each ??° ff
i residential unit, the public utility shall post two copies of the notice In ••1 `^"i- _:
1 each accessible common area and at each point of access to the 1, _-
' structure or structures. The notice shall further inform the residential ::;I ;_ ____.;
occupants that they have the right to become utility customers, to ::1 f = �: ' U
whom the service will then be billed, 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 ; `-:• =
7 iiF
•tih? L t:;, SI` .0 A -M 1r: rL 6 , ` .'1 Via'. !I. , 1. 6 /•.
rC (y .1`11 r A { r y ,
§10009.1 MUNICIPALLY OWNED UTILITIES • ry
4: ,.
to do in order to prevent the termination or reestablish service; the ;:;: or other indebte(
estimated monthly cost of service; the title, address, and telephone .• : the public utility
:t , •
number of a representative of the public utility who can assist the .1'A (4) When a del
residential occupants in continuing service; and the address and 4 managed, or ope
telephone number of a legal services project, as defined in Section ='y; - (5) When a pub
6213 of the Business and Professions Code, which has been recom- would result in
mended by the local county bar association. The notice shall be in x= residential occur
English and, to the extent practical, in any other language that the '3: .
public utility determines is the primary language spoken by a signifi- t . = (f) Notwithstanc
cant number of the residential occupants. :r any other rem
`' operator, by any
(b) The public.utility is not required to make service available to the
termination of
residential occupants unless each residential occupant or a representa- residential occur
tive of the residential occupants agrees to the terms and conditions of may commence
service, and meets the requirements of law and the public utility's (1) Reasonable
rules. However, if one or more of the residential occupants or the pant or the re
representative of the residential• occupants are willing and able to restoration of se
assume responsibility for subsequent charges to the account to the
satisfaction of the public utility, or if there is a physical means, legally (2) Actual damp
available to the public utility, of selectively terminating service to 1 (3) Reasonable
those residential occupants who have not met the requirements of the i sentative of the
public utility's rules or for whom the representative of the residential i enforcement of
occupants is not responsible, the public utility shall make service i of a lien.
available to the residential occupants who have met those •require- • • . i (g) Notwithstar
ments or on whose behalf those requirements have been met. any other ren
(c) Where prior service for a period of time or other demonstration of operator, by an
credit worthiness is a condition for establishing credit with the public termination of
utility, residence and proof of prompt payment of rent or other credit is occupied, the
obligation during that period of time acceptable to the public utility is ery of all of the
a satisfactory equivalent. (1) Delinquent
(d) Any residential occupant who becomes a customer of the public - - prescribed by s
utility pursuant to this section whose periodic payments, such as (2) Reasonably
rental payments, include charges for residential light, heat, water, or restoration of s
power, where these charges are not separately stated, may deduct (3) Reasonabl(
from the periodic payment each payment period all reasonable enforcement of
charges paid to the public utility for those services during the - including, but
preceding payment period. If the court fu
(e) Whenever a-public utility furnishes residential service subject to amount in ar
subdivision (a), the public utility may not terminate that service in 1 recovery of ar
any of the following situations: subdivision frc
(1) During the pendency of an investigation by the public utility of a P An abstract o
customer dispute or complaint. t (1) or (g) shall
• (2) When the customer has been granted an extension of the period Civil Procedu:
for payment of a bill. (h) No termii
(3) For an indebtedness owed by the customer to any other public without corn'
agency or when the obligation represented by the delinquent account terminated sl:
8
L\ •. ' -. :1 • i ...�\ V 1 ,, •t•,.. ..., tyt rr .. r -•r/.ry 4' • 1 i
4 ,.'0 .R,#get'{-vt 5 { 3-*t'kS x • i . , }, ` P.. -F,+thi,v n rt.1
' 1 - Illll :_v,.
10009.1 -
. ��: ;. - ACQUISITION, OPERATION, SALE § ;: .;
:ce; the ' or other indebtedness was incurred with any public agency other than r`_
ephone ..:1-1_,: the public utility. :_,
gist the • 4 When a delinquent account relates to another property owned, i ,
ss and managed or operated by the customer. i _
Section • xt
(5) When a public health or building officer certifies that termination
recom- �€'.,
would result in a significant threat to the health or .safety of the f;:.
be in residential occupants or the public. -
iat the ti.•
(f) Notwithstanding any other provision of law, and in addition to l_�._.
signifi-
any other remedy provided by law, if the owner, manager, or :
�senta-
to the operator, by any act or omission, directs, permits, or fails to prevent a +•.,
termination of service while any residential unit is occupied, the k,�_..
s_.
.ons of residential occupant or the representative of the residential occupants
may commence an action for the recovery of all of the following: 10
.tility's '��
or the I (1) Reasonable costs and expenses incurred by the residential occu- 3
x�.
ble to pant or the .representative of the residential occupants related to i --
restoration of service. s�`'
:o the ��'"
(2) Actual damages related to the termination of service. !` `;'��=
ice to }. (3) Reasonable attorney's fees of the residential occupants, the repre- ' ,Y=_
of the , sentative of the residential occupants, or each of them, incurred in the ';_
iential enforcement of this section, including, but not limited to, enforcement i I f �''-
ervice : . of alien.
•quire- (g) Notwithstanding any other provision of law, and in addition to l t_•:::
any other remedy provided by law, if the owner, manager, or IV:
.
p r
:on of operator, by any act or omission, directs, permits, or fails to revent a i. i 1i=
sco .
Dublic termination of service while any residential unit receivingthat service i �{y�:=
credit is occupied, the corporation may commence an action for the recov- i .(j*:.
lity is I ery of all of the following: ' 1V-••
(1) Delinquent charges accruing prior to the expiration of the notice : t3$--.:
)ublic prescribed by subdivision (a). :f
2h as (2) Reasonable costs incurred by the corporation related to the
2.r, or I restoration of service. _ ;. •"=
(3) Reasonable attorney's fees of the corporation incurred in the i :
educt ; -- :.
nable enforcement of this section or in the collection of delinquent charges, ! �: ;.
: the s �`,.
including, but not limited to, enforcement of a lien.
If the court finds that the owner, manager, or operator has paid the Ills:- .,
ct to amount in arrears prior to termination, the court shall allow no ,; if•..
2e in recovery of any charges, costs, damages, expenses, or fees under this •
[_Y
subdivision from the owner, manager, or operator. ;;f ,f` _
of '�•
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
!Hod i Civil Procedure.
(h) No termination of service subject to this section may be effected
ublic without compliance with this section, and any service wrongfully °• :!. ~ =.
ount terminated shall be restored without charge to the residential occu- : .,
9 Iii-
: I,:
- . jl =:
a -
� .,,. _ + r , ._. 4 , of ••i
r !J';'•
§10009.1 MUNICIPALLY OWNED UTILITIES • i
pants or customer for the restoration of the service. In the event of a _`: § 10010. Terrain
wrongful termination bythepublic utility, public utility' shall, in i
8f Y Y (a) No public
• addition, be liable to the residential occupants or customer for actual •< terminate reside
damages resulting from•the"termination•and for the costs of enforce- unless the pub
ment of this section, including, but not limited to, reasonable attor- . impending term
ney's fees, if the residential occupants or the representative of the - b) No public
residential occupants make a good faith effort to have the service ( c
ment in any
continued without interruption. .
1 During the
(i) The public utility shall adopt rules and regulations necessary to ( )
implement this section and shall liberally construe this section to - . customer dispu•
accomplish its purpose of ensuring-that service.to residential occu- (2) When a cu
pants is not terminated due to nonpayment by the customer unless 1 payment of a b
the public utility has made every reasonable effort to continue service f (3) On the cerl
to the residential occupants. The rules and regulations shall include, I so will be life
but are not limited to, guidelines for assistance to actual users in the financially unE
enforcement of this section and requirements for the notice prescribed1 period and is v
by subdivision (a), including, but not limited to, clear wording, large public utility 1
and bold face type, and comprehensive instructions to ensure full that the custor
notice to the actual user. i
(i) Nothing in this section broadens or restricts any. authority of a (c) Any reside
t quested an inv
local agency that existed prior to to January 1, 1989, to adopt an s -. or who has,
ordinance protecting . a residential occupant from. the involuntary
termination of residential public utility service. subdivision (a;
a bill asserted
(k) This section preempts any statute or ordinance permitting punitive i,
damages against any owner, manager, or operator on account of an during the no
involuntary termination of residential public utility service or permit- for review of
ting the recovery of costs associated with the formation, maintenance, manager of tl
and termination of a tenant's association. i of whether tl
(1) For purposes of this section, "representative of the residential - balance of the
occupants" does not include a tenants' association. 12 months.
Added Stats 1988 ch 1533 sec 4. + customer con
Cross References: also keeps th
Master-meters: Pub Util C §§739.5, 12821.5. billing period
1 (d) Any cus•
§ :-s I '.6.,Credit worthiness as basis for re. :. .g deposit 5-e-e. pursuant to
The decisio : , .ublic utility to re. e a new residential.applicant pqd/ckh"111- by the publi
to deposit a sum o . .- - with s - public utility prior to establishing body of the
an account and furnishin• :- - ' - shall be based solely upon the dispute or c
credit worthiness of the - .plicant as se - :- -• b the public utility. - section.
Added Stats 1989 ch 1066 :-c 4. (e) Any Cu
Note—For lei -tive findings and declarations, see the 1989 note following Pub • Subd1V1S10n
Util C § • .5. t period not
Cross ' - erences: i
ralized credit check system: Pub Util C §761.5. ► asserted to
- urity deposit for establishment of new account: Pub Util C §779.5, 12822.6, normal peril
16481.6, Gov C §60375.5. i
Similar provision:Pub Util C §779.5. Added Stats 19
10
t k, , � y `
Ss 3h - a '
10010 • I :, ' _
ACQUISITION, OPERATION, SALE § I._=-•= ;
§ 10010. Termination of services - •?__-
'
or.. heat may
(a) No public utility furnishing light, water, power, i:; ' ':
terminate residential service for nonpayment of a delinquent account pR:t _.
unless the public utility first gives notice of the delinquency and • t:_z
impending termination, as provided in Section 10010.1. Fy .
Y t:
(b) No public utility shall terminate residential service for nonpay- t ;
of situations: =
ment in any the following i •�-- _-� . =-- -:
(1) During the pendency of an investigation by the public utility of a 1.=h;1_
customer dispute or complaint. -fli- Z ;
(2) When a customer has been granted an extension of the period for I '
payment of a bill. _
and surgeon that to do 't`
(3) On the certification of a licensed physician � �-�Y� - =� _• '
to the customer and the customer is *.:r -.-..
so will be life threatening ; �- `r4�;=��' .
financially unable to pay for service within the normal payment in,,^;R ar-
period and is willing to enter into an amortization agreement with the 1 _� .- _,_-
i _• BS a Kr
public utility pursuant to subdivision (e) with respect to all charges
```=:r
is unable topay prior to delinquency. Isl.� _ x� = _ •
that the customeror re- 1 j �'`=' ''-.
(c) Any residential customer who has initiated a complaint f El : :; a .- ;•
y-
quested an investigation within five days of receiving the disputed bill, *_ ` _.-•:� -: , ._;=
.days of mailing of the notice required by 1 i t :; =s � ,•
or who has, within 13 y of !t�.�-��� Y.=_'������=a
(a), request for extension of the payment period 1 `ti w:. ,
subdivisionmade a (1$ <' = ��, ' _
pay in full ��_ =�. ,..�. .::,p. •:,•-
a bill asserted to be beyond the means of the customer to ` .•:
during the normal period for payment, shall be given an opportunity �Y.,;;,__._ , .:. `
for review of the complaint, investigation, or request by a review 4;- :.*:,: A-:
manager of the public utility. The review shall include consideration Y•� 4
of whether the customer shall be permitted to amortize the unpaid -- _ .�
balance of the account over a reasonable period of time, not to exceed •3���r� _._- _ • -
12 months. No termination of service shall be effected for any 1;: - r w<_ '- .
customer complying with the amortization agreement, if the customer '}_y=,_, . .:
current as charges accrue in eachsubsequent 1 i _ __- ;•_ __.
also keeps the account ,E-. ,�_ - _ •
billing period. 41 wr
(d) Any customer whose complaint or request for an investigation y `r
pursuant to subdivision (c) has resulted in an adverse determination 11 #�
by the-public utility may appeal the determination to the governing • r
body of the municipal corporation. Any subsequent appeal of the '1;K �,_ -;__- _:K
dispute or complaint to the governing body is not subject to this .1 - _tit,- -::.:-. ,:-,--: rs
section. (3) of
meeting the requirements of paragraph ;1 gip:r=-'- ,. y-=
(e) Any customer a �; �:_ __ _- • - _
•
subdivision (b) shall, upon request, be permitted to amortize, over =:�:_<
bill . '�;4=.' -%:'':'=s
period not to exceed 12 months, the unpaid balance of any �^;_r: ,'7:: _
asserted to be beyond the means of the customer to pay within the L
.1rr ry .
normal period for payment. _:== ' = -=
Added Stats 1977 ch 1027 §3. Amended Stats 1985 ch 888 §7. • , •�::..: ._ ,. .
11 .pLF _ .
e .-.,- , . ; '.. M , 7 ig',*} :4 .11-;.. ,
§10010 MUNICIPALLY OWNED UTILITIES •`" z.
zt{ :{
Amendments: °•
1985 Amendment: Substituted the section for the former section which read: "(a) defined in paragr;
No electrical, gas, heat, or water-public utility may terminate its service to a Welfare and Ins
residential dwelling on account of nonpayment of a delinquent account unless the whereby the publ
public utility first,gives notice of such delinquency and impending termination, at by.the customer t
least seven calendar days prior to the proposed termination, by first class mail
addressed to the customer to whom the service is billed. . past due and sul
"(b) No such public utility shall effect termination of service to a residential . information on w.
dwelling for nonpayment during the pendancy of an investigation by the public residential custon
utility of a customer dispute or complaint.
"(c) Any customer who has initiated a complaint or requested an investigation on a form provid
within five days of receiving the contested bill under subdivision (b)shall be given consent of the e
an opportunity for,review of such complaint or investigation by a review manager I does not obligate
of the public utility. The review shall include consideration of whether the It prevent or dela
customer should be permitted to amortize the unpaid balance of his account over
a reasonable period of time. No termination shall be effected for any customer (d) Every notice
complying with any such amortization agreement, provided the customer also I shall include all e
keeps current his account for utility service as charges accrue in each subsequent
billing period. 1 (1) The name at
"(d)If a customer fails to comply with an amortization agreement, the public utility Uent.
shall not terminate service without giving notice to the customer, in accordance I
q
with the provisions of subdivision (a), of the conditions the customer must meet (2) The amount
to avoid termination, but such notice shall not entitle the customer to further 1
investigation by the public utility." (3) The date b`
Note—See the 1985 note following § 10009. t�t required in order
Cross References: ; (4) The procedu
Termination of services on holidays: Pub Util C §§780, 12824, 16483. request an inves
I
Collateral References: the bill for servi
I pursuant to sub
Law Review Articles: tion.
Review of Selected 1977 California Legislation. 9 Pacific LJ 416. t'(5) The procedi
§ 10010.1. Termination procedure; Notice of termination I of the unpaid el
The procedi
(a) No public utility furnishing light, heat, water, or power may (6)availability of
terminate residential service on account of nonpayment of a delin-
quent account unless the public utility first gives notice of the I (7) The telephc
delinquency and impending termination, at least 10 days prior to the provid a
proposed termination, by means of a notice mailed, postage prepaid, 1 payment.
to the customer to whom the service is billed, not earlier than 19 days
from the date of mailing the public utility's bill for services, and the can Every notice
c
10-day period shall not commence until five days after-the mailing of shall include tl
the notice. and (7).
•
(b) Every public utility shall make a reasonable attempt to contact an t All written not
adult person residing at the premises of the customer by telephone or (e) If a reside
personal contact, at least 24 hours prior to any termination of service, I agreement, the
except that, whenever telephone or personal contact cannot be accom- notice to the
plished, the public utility shall give, by mail, in person, or by posting conditions the
in a-conspicuous location at the premises, a notice of termination of the notice doe
service, at least 48 hours prior to termination. public utility.
(c) Every public utility shall make available to its residential custom- (f) No termii
ers who are 65 years of age or older, or who are dependent adults as with this secti
12
::a -
• lh
C§ ,.i* 5 t t•. •• j: t= z 4t.•,d -'�Atrc i,�..L}4{4c, E?.•.._41z.' . ., r {XS:•XY ", x
y;s,, ,m tdy , r*!„t
r 'f a•.
r
'2 tv `31's1 a'Y r 'F'.
11 i � .F: '_ t 4
10010•� j ' •!
ACQUISITION, OPERATION, SALE § y
of the I
of Section 15610 >>
•
(1) of. subdivision (b)
defined in paragraph art notification service, _
titutions Code; a third-party n desi ated R
Welfare and Ins w
public utility will attempt to notify a person designated whereby the wcustomer'si_ -- - -..'
by• the customer to receive notification The notification shall cmclude ,. ti._j_ ,_::_
past due and subject to aired atioe. ',
' non what is required to prevent termination rtysno Caton ii'lki :',-.,.....:':. . . ='-
mformatio i:.•,--- --.. ..
residential customer by the public
utility,request for P
shall include the written�_ � L� _ ;l
consento a form provided Part The third-party notification - lis-al, ..--•
of the designated third party. charges, nor shall I 7:= '`:
a the overdue g t:� '=' , ,
does not obligate the third party to pay : 1 `l�'it prevent or delay termination .of service.ermination of service pursuant to subdivision (a) lq-A1*--rf....: ,••:z•:.---
(d) Every notice of t 4 = t
information: . i -�
shall include all of the following F�SF`,:
1 The name and address of the. customer whose account is delui- I ' .
quent. >v
delinquency. �q • a'•.
The amount of the q entfor payment is -a:=yam::"
(2)•
or arrangements r.i.:z.{.._x_
date•bywhich payment I ? ,,=(4
3 }^
OThenation. •. _:,t-7.:'.f..
required in order to avoid terms initiate a complaint or 'ry= =_
which the customer may that, if '`',:x "
• request The procedure by service or charges, except ' , :.�z ,.5,•;, -,
the notice l `7=:= - ..
•
• o investigation concerning w:_
the bill for service contains a description of that procedures ���'},.._--.--.-.
is not required to contain that informa-
(a) .;�. .
pursuant to subdivision1, 1.)„e::.:-
ion � -#_�<=-�.=: :� _
tion. customer may request amortizat • `.-V:-c _r.:K
f of(5) The procedure by which the •
unpaid "charges. "```z,--g
of the obtain information on the :.;>,;;_
customer to t �:=
(6) The procedure for the private, local, state, or }-"�--=='`.;-;-
including p 1 1 1—.10 la,::".....-'
availability of financial assistance, 1.Yi=
if-=r '
applicable. who �' "' � -�=�==_ : :':
PP public utility
• federal sources, if a -:;i.;_:_; ,
(7) The telephone number of a representative of the •institute
arrangements for ��::�� _• ,.:'-
information or r: _ .
can provide additional ' I .V.; ; *:
._Y;.
payment. '
pursuant to subdivision (b) , .
service (1), (2), (3), (�� �•=-;r,
• notice of termination of i ����.�:�,,°
Every information in paragraphs . Y ^ <44Y_,,:
`, shall include the items of ,,-Ii&.
and;(7 i clear and legible format. I J `>"" _
` All written notices shall be m a l with 2n amortization
(e) If a residential customer fails to comply giving ,
t shall not terminate service without gi g 1 '' `--
public utility of the
agreement, the -
t 48 hours p to termination $,:;�.: .;
at leas riot ...�,.�_. `.
•
notice to the customer 'Y '
but
Y<;_. .f ,
conditions the customer is required me r to futrother°udivestiga on by the ;�_> ::•. ...
f the notice does not entitle the customer s M�µ _ _
public utility. <'. :: • •
be effected without comply sus:
(f) No termination of service may full terminated shall be restored -
service wrongfully y l
with this section. Any i•g:'F '.
13 1i•It:
Y
• !/
r
v
1
§ 10010.1 MUNICIPALLY OWNED UTILITIES '.�-•5• _:
•'rVAa
without charge for the restoration of service, and a notation thereof public utility with
shall be mailed to the customer at his or her billing address. �_ exempt from corn
Added Stats 1985 ch 888 §8. Amended Stats 1986ch 479 §2,ch 1396 § 1; Stats 1987 ch 614 application with t
•§2. information the c
accordance with su
Amendments: • (b) (1) Not later t
1986 Amendment: (1) Amended subd (b) by substituting (a) "attempt" for ", good
faith effort"; and (b) "personal contact, at least 24 hours prior to any termination its application to t
of service, except that, whenever telephone or personal contact cannot be writing whether ti
accomplished, the public utility shall give, by mail, in person, or by posting in a transmit the deters
conspicuous location at the premises, a notice of termination of service, at least
48 hours prior to termination" for "in person at least 48 hours prior to any (2) If the applicat.
termination of service"; (2) added the comma after "except that" in subd (c)(4); sion shall specify
(3) divided subd (e) into two sentences by substituting the period for ", and"; and incom lete and Sl
(4) added ", and a notation thereof shall be mailed to the customer at his or her p
billing address" at the end of the last sentence. of subd (e). (As amended Stats Complete, includes
1986, ch 1396, compared to the section as it read prior to 1986. This section was E information neede
also amended by an earlier chapter ch 479. See Gov C§9605.) Submit materials
1987 Amendment: (1) Added subd (C); and (2) redesignated former subds (c)-(e) to
be subds(d)-(t). description. Upon
Note—See the 1985 note following § 10009. day peril t
Cross References: the complodeteness
Termination procedure: Pub Util C §779.1. (3) If the applieshal
determine not. la-
:
•
§ 10011. Cessation of service on Saturday, Sunday, or holiday deemedcomplete
' withinn the mean
No electrical, gas, heat, or water public utility shall, by reason of i commission regu'
delinquency in payment for any electric, gas, heat, or water services, • I clearly complies
cause cessation of any such services on any Saturday, Sunday, legal commission does
holiday, or at any time during which the business offices of the public1 the schedule esta'
utility are not open to the public. (4) If the commi
Added Stats 1977 ch 1027 §4. li - completeness of
Cross References: of the original f
Similar provision:Pub Util C §780. - I deemed complet(
Collateral References: (c) Within 90 cE
Law Review Articles: the commission
Review of Selected 1977 C'qlifornia Legislation. 9 Pacific LJ 416. i public utility wi
i!0 0 i/ Y .7.66. fvpriehc.ehe" • subdivisions (d)
§ 10012. Compliance-with-provision regarding polychlorinated biphe- • matter if the cc
nyls takes no action
exempt from cc
Every public utility shall comply with Section 8029.5. agreement beta
Added Stats 1982 ch 549 §2. _ into until the c
calendar-day p.
10013. App ' ate n by privatizes for determinate t propos this section pre
p oject is no publi utility • agreeing to a
(a Prior t signing an execu d franc 'se, li se, or se ice gree- section.
m t wit a local a ency, privatizer hall a ply to the 'ssion (d) The comm
for termination t e proposed riv ization project is not a I.
a public utility
14
% •
'+ t ix fir,�' =••r< c r J^: e( C` q ,y L {,{` • , k Y..• 5 '..f4 4 'A�-;
sr , • d. .Y Yt tarp .,J e,t2 l irr ;fin
i t 7 1
ACQUISITION, OPERATION, SALE §10013 -- - -
ublic uti • y within the meaning of Section 216 and is they ore com' 5
P t fro ` commission regulation. When a privatizer fi an � - =_•----
exernP �3
application w• h the commission, the privatizer shall inc de the .
information th- commission requires to make a determ• ation in
accordance with • bdivisions (b), (c), (d), and (e). tl --
a
(b) (1) Not later Ian 30 calendar days after the priv izer submits I ;l:T :::::_A
its application to th. commission, the commission sh determine in ! .y` _
writing whether the =pplication is complete and s all immediately 1.11.
transmit the determina on to the privatizer. = - ,•
(2) If the application is •etermined not to be co plete, the commis- I :_F -a..
` :sion shall specify in writ' g those parts of the pplication which are . .: -.
incomplete and shall Indic;to the manner in hich it can be made {r,=T 4;, ti
complete, including a list - d thorough• de ription of the specific r .
information needed to comp -te the applic ion. The applicant shall . IA.--,----..----?..-:..-
.
< `=;
- submit materials to the co fission in esponse to the list and -4,“;,,,: -4
description. Upon resubmittal • the app cation, a new 30-calendar- : ;
day period shall begin, during w ich th commission shall determine ;• !I' _ Z.- i
the completeness of the applicatio I I i :"-:-, ill. = ..
(3) If the application is deemed •mplete, the commission may II , -. ',=_ ..
determine not later than 30 calengt r days after the .application is
deemed complete that the privatiz tio project is not a public utility' ;1 i t.,-
within the meaning of Section 16 a d is therefore exempt from :• I1, :` 4:_._;-
if the c mmissi• finds that the. application commission regulation, PP ` , _
clearly complies with the crit Iia in sub 'visions (d) and (e). If-the .{w
commission does not make t is finding, th n it shall proceed under
the schedule established in s division (c). i i ---:.::-;:-`
(4) If the commission fails to make a written etermination as to the • i- 74..;;;;--T:-
completeness of the app • ation within 30 calen ar days after receipt . ,1 7F. .;
of the original or resu witted application, the pplication shall be ;.._f,_::1:;
deemed complete for p rposes of this section. '° :: ---,
(c) Within 90 calend r days after the application is eemed complete, ,,-.,
the commission sha determine whether the privatiz ion project is a
• public utility with' the meaning of Section 216 usin the criteria in _ _ -:' .-;-
subdivisions (d) . d (e). The commission may hold a h aring on the 1 i l. ==:-..-. :..
matter if the c• mission finds it to be necessary. If the commission :s =.: -
takes no actio within that time period, the project shall a deemed :3. _=..,._-
exempt fro commission regulation. No franchise, license, r service •-x•- •==
agreement •etween a privatizer and-'a. local agency shall be entered i'`=> =-
into until he commission has either exempted the project or he 90- ,•?., .,- •,
calendar day period has expired, whichever comes first. Not g in : -
_-
this see ion precludes a privatizer and the commission from mut ally 4>_:.-- - .
agree' g to a further extension of any time limit provided in s
sec 'on. ; _ .-
(• The commission may determine that a privatization project is no ` :r :-T
public utility within the meaning of Section 216, and is therefore r F :•..
15 r`''' -
c -
r t f 0t
•
;7 yM . ,_ . ` ,' a r' t, . -•" . ':i i+ --"••• ter. i. •' { �'': 7.". 'el?' ,•:$
•
§10013 MUNICIPALLY OWNED UTILITIES •
exempt from commission regulation if it finds that the application (g) As used in
submitted and any subsequent changes to the executed franchise, ( water or sewer
license, or service agreement both demonstrates that the local agency # ,. pursuant to a
retains sufficient jurisdiction to protect the public interest and ade- agency, or any
quately addresses all. aspects of the provision of service which would are supplied fo
otherwise be subject to commission regulation. In making its determi- or any agency
nation, the commission shall not determine whether the local agency ; financing, desi
has complied with Section 54253 of the Government Code. The i and operating
decision of the .commission shall be final and conclusive in the 1 and lateral ini
absence of any subsequent changes. .: any city, coun
(e) In making a determination pursuant to subdivision (c), the corn- area. "Privati;
mission shall review the application and any subsequent changes to person, exclud
the executed franchise, license, or service agreement to ensure that the wastewater or
application or executed agreement, where applicable, grants the local service agreem
agency, at a minimum, all of the-following: in this section,
(1) Exclusive authority to establish all rates and rate changes charged - ! Arlington Ba:
to the public. groundwater c
(2) Approval over any proposal of the privatizer to provide new, Added Stats 1985 c
additional, or alternative service to any other public or private entity Cross Reference:
or to change the service fee paid to the privatizer by the local agency. Contracts bets
comply :tit
(3) Approval over the original'design and.construction of the project, Applicatioincluding any changes in design, alterations, or� additions to the ' §s4252.project. ; Prerequisit
(4) Approval over any changes in ownership of the party or parties ( Collateral Refer
subject to the franchise, license, or service agreement. cal Jur 3d (R
(5) Authority to impose fines and penalties for noncompliance with
any provision of the executed franchise, license, or service agreement, § 10014. Cont
or for failure to provide the service within the time period agreed to . - The commiss
in the franchise, license, or service agreement. provide any t(
(6) Authority to ensure that the facility is adequately maintained. if the contra
(7) Adequate opportunity to monitor compliance with the agreement bursed for its
and to ensure the project will be operated to meet any applicable Added Stats 1985
federal or state water quality standards or other applicable laws. Cross Referenc
(8) Adequate opportunity to amend the agreement in the event of contracts fo:
unforeseen circumstances_or contingencies, such_as flood, earthquake, C §54252.
fire, or other natural disasters or federal tax law changes.
(f) The commission may adopt whatever procedures it deems neces- § 10015. [N
sary to carry out the provisions of subdivisions_(a), (b), (c), (d), and
(e). The commission shall adopt regulations for reviewing any pro- § 10016. Re(
posed changes to an executed franchise, license, or service agreement . arges by p
to determine if the proposed changes could render the project a public ch ch municip
utility within the meaning of Section 216. The commission shall wate
charge each privatizer submitting an application pursuant to this nlsh>_ng
section a fee which will be sufficient to defray the costs incurred in charges or r
processing the application and rendering a decision upon it. residential u
16
a• .e = \. t,` ' 11:!;4 Y y (i ^,.,,s 'Yet F.} t • y�,
LT r:� • ,.-t,;:,'
i y+. •,•r ,.% i,. .' •t k '^C,1i La I'-# ryt,. i
�- 1;-ic,'„' ty.-
OPERATION, SALE §10016
ACQUISITION, `=` •
• "privatization project" means any waste- � =_:-='::-_.=-.
« rivatiza =':..-
� f
(g) As used in this section, a rivatizer _ :� -_:::;i
•
s project that is owned and operated by ' p , 1,
I water or sewerage p jagreement with a local :�_- . _.---_ ;
pursuant to a franchise, license, or service- ee to which services ;a � '
an of that local agency, pursuantboth • ---'i, '"f.- _ -
�"
agency,suppliedor Y agencyhe benefit of the local agency, its residents or ,�-= _ _r = -
forbut is not limited to ��=='"�_`==���==
are "Project" includes, ;H,--::=-; ;-_
• or any agency of the state. replacing? maintaining? • _: ::=-�Y•:=-:fit::=_
repairing? �
constructing, treatment plants, .= ' <:�
financing, designing, pumpingstations, hr =.- . •
operating collector systems, L<-.,,._-_y;-•-:.
• and t=_ ,-w::,==_, -
and lateral interceptors; and �outfall sewers. "Local agency" means I-t� •,- `• -_•,- . •
cityand county, special district, or countyservice
any city, county, partnership, or natural ._s_ �r _,..:
• 77 means any corporation, ":�=:�.:�.--��__.--.
��, '°privatizes which owns and operates a `, _ _ -
munici al corporations, I s-i ,,:= - • --
person, excluding P license, or .s • -t,-�.
pursuant to a franchise, _a_' _ '-
wastewater or sewerage project "privatization project," as used , ,._r�._
a local agency. rf''r'lJ''
agreement withr4-~'i' ` --'-
service y' `;4" � '``"
the Santa Ana Watershed Project Authority's �,;,,;:;y
includes will treat '��=� =E�=�:' =�
in thisg section, ;, ,_ .:- ;
Arlington Basin Groundwater Desalter Project, which Ems-3.- --
• ground groundwater contaminated by wastewater. t1 _ -
Stars 1985 ch 1430 §2. r- , " L,.t"'
Added , _;�.
cal •
assistance to ; N;�`''== =.:.
.-I-
Cross References: to rovide techni i L-.^?:
commission and local agency p f =rti-, i =
Contracts between comPu C 10014. i I ' 1:4&'.F. `''..•
comply with section:Pub Util §ocal Government Privatization Act: Gov C • -- ^y r:-
rivatizer under ! `igli"`_
Application by P i 1 �",fif _-.__>''.:
54253. �`` '
fir..,
§542isi Gov C ` • . .
nd local agency: § '''r'
agreement between privatizes a so-•.a�'''� �.:�'�•-:.
• Prerequisites to 8r - .
Collateral References: § 11 - '•i --
Cal Jur 3d (Rev)Drains and Sewers -,t.:-V; ; _
it•z--0-: . .
ranee - v i _ ; :. -y =
provide technical assistance "
§ 10014. Contracts to p to �-�-
enter into a contract with a local agency ;i ti' Y •�-.
The commission may '='`=
with Section 10013, ;�.,:;�;a,�,:;�:,_:-_= =
provide any technical assistance needed to comply •,jl-� }._-<� -j '-
commission to be reim- ,N�:.;:�=•--- -:.
provisions for the .-•` .
if the contract includes p --- `>:.. _
its estimated reasonable costs. i l ``f�_
bussed for i-
Added Stau 1985 ch 1430 §3. k az:_.�==s___
Cross References' Government Privatisation Act: Gov • ::1= - • •
cal assistance under Local ',i-rt F :
Contracts for technical x;:� "
C §54252. -
10015. [No section of-this number] l
ent of water •
P� ..Fa1= `:�=._.::.
subsequent tenant for nonpayment§ 10016. Recovery from bseq f� lC�� s.. r:_�_ _
tenant � S� . - - .:
chargesm by previousowningor operating a public u ' •ty fur- '•A � _
o mu • al corporati all seek t reco r any • '- 7 -
_.- -
shin wa r for res ential use to a ten
orate to or or the t ant's '_:: • -: -:•
c ar or enalti for the rnishin :z
_:-=_ :
r ' ential us om any subs went enant on a co t of nonpayment
1/ aF .
' - '',.„':::::t.';•'!,,,,‘"..:. ::;....,;:k::::-,2:',-:.;,;::'-.:, '' „.'' ',, , '':'•''.r..-,;., ?'Ili,t' •''' ' ' -.'•':: :,,...1-:!1.'-:::,:-..;-;',f:;.'''',.• ' '..: : :. *,,,4111T:::,.':,'*.; „''''''?':!.1' '' ''--- :''''1 '.::' '''.''' . ''''
§10016 MUNICIPALLY OWNED UTILITIES
of charges by a previous tenant. The municipal corporation may,
however, require that service to subsequent tenants be furnished on • .y
the account of the landlord or property owner.
Added Stats 1985 eh 1251 §3. • ••�
Cross References:
Termination of residential services for indebtedness owed to third party:.Pub Util C
. §779.2.
Recovery from subsequent tenant of arrearages for water service: Pub Util C
§§2714, 12811.5, 16469.
Municipality's lease, sale, or transfer of public utility furnishing water service: Pub
Util C§ 100661.
[Division
Acquisiti
i § 10051. Muni
§ 10051.5 [Repe;
I § 10052. Subm
! § 10053. Conte
I el
•
§ 10054. Publi,
I § 10055. Vote
i § 10056.: Sepal
§ 10057. Prof
s § 10058. Time
t* al
§ 10059. Execs
I Ix
§ 10060. Proc
§ 10061. Tran
x
f II
i} • Collateral Ref
i Witkin Sum]
i Cal Jur 3d 3
I
•
§ 11. Mu
An005y municil
may as pros
that it owns.
t Enacted 1951.
Historical Deriv
! Cross Referee
1 Vote necess
c Collateral Ref
Witkin Sun
Cal Jur 3d
Am Jur 2d
18
V se , ,� yti y, * C, f .ra ,. . }* ?f,• ♦.t' - ._} 1 i. - l 4, '{ R
f '`u7�r •ra. )4 nyr 7. 1';r ., , A,,v'1a :P-t .'a .: t° •.
' r (-)
• S � 1 +4 1 yP Iti
fwiy.: i •,,1., •
•
. PUBLIC UTILITIES CODE •
.nd of the 1996 § 10009. Duties with respect to nonsubscriber residential users -
:ounh Extraor- -
Collateral References: =?t_•- . ,;
Rutter Cal Prac Guide. Landlord-Tenant§§7:42.7:51 et seq. • -` ,
§ 10009.1. Duties of.public utility furnishing service-to residential:occupants
through master meter
Collateral References: - "f4,
Rutter Cal Prac Guide,Landlord-Tenant§§5:12.1,7:42, 7:51 et seq. `"'a-a.``__='
§ 10009.6. Credit worthiness as basis for deposit; "Subsequent tenant" •
(a) The decision of a public utility to require a new residential applicant to 1 . .`-..:
deposit a sum of money with the public utility prior to establishing an account
I-qand furnishing service shall be based solely upon the creditworthiness of the _ -
•
applicant as determined by the public utility. { '
(b) 1Vo municipal corporation 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 T.= _ ,':-:-_; :--=
• purpose, the term "subsequent tenant"shall not include any adult person who '=�='-: 'f-- '==
- lived at the residence during the period that the charges or penalties accrued. a.=
The municipal corporation may collect a deposit from the tenant service ap- _
- plicant prior to establishing an account for the tenant. The municipal corpora- `: • - :=.< 't-.°
tion may not require that service to subsequent tenants be furnished on the ac- •• ..
count of the landlord or property owner unless the property owner consents =' F:`•
`=
through a written agreement. *-,.
(c) A public utility subject to this section may not demand or receive security _.-
in an amount that exceeds twice the estimated average periodic bill or three .t,, ..•:-. =_
times the estimated average monthly bill. _ '-
(d)In the event of tenant nonpayment of all or a portion of the bill, the deposit y.,=-` =�
shall be applied to the final bill issued when service is terminated.. • '
(e) This section shall not apply to master-metered apartment buildings. _
Amended Stats 1996 ch 24 § 1 (AB 1770),effective April 8, 1996.
. "t :_ ,
Amendments: ii
1996 Amendment: (1)Designated the former section-to be subd (a);and (2)added subds(b)—(e). -_3
§ 10011.5. Alternatives to regular hours for transacting business ,_ - ,
Whenever a business transaction of a public utility, as defined in Section
10001, furnishing electricity, gas, water service where the utility has 10,000
or more service connections, or telephone service is such that a personal ap-
pearance by a person is required by the utility and the person is unable to ap- -.•;:::-..--.I.:: _
pear at the utility's place of business during the utility's usual business hours, -
then the utility-shall provide a reasonable and convenient alternative to the s .
person such as an appointment outside the utility's usual business hours or •}., I. -
allowing the person to conduct the transaction by telephone, mail, or both. ''
• Added Stats 1995 ch 614 §2(SB 1048).
Beginning in 1992.
'c_
13 Pub Util C) ' italics indicate changes or additions.•••indicate omissions. 5
z 4 k. § 10013 i
§ 100I3. Application_ PUBLIC --- - �:;_
by privatizer for determination UTILITIES CODE
not public ation that PUBLIC UT
(a) Subsequent is utilitytt to signing a contingent franchise license, proposed project is
with a local (e) In
determination that the a privatizer shall applytothe makir
or service agreement
fora shall review
within the meaning proposed privatizatiop to commission the
regulation. When a of Section 216 and is thereforeJ not a
privatizer shall include theznfoles.an applicationa public utility following:
determination exempt from commission (I) Exclusive
rmination in accordance with su eom with the commission,ire a the
information the commission re(b)(I) Not later than 60 calendar days arfter the r. quires to public.
tion to the commission, (b)''(c)' (d), and make a (2)
missionprivatizer atizer submits
its Approval
the applicationthe shall determine or alternative
is complete and shall commission shi shall
, r'�it app
to the privatizer, pmiine in writingservice fee paic
(2) If the a transmit the whether (3) A
application is determined determination Approval o
in Writinge rmined not to be complete, ing any change
spall specifyin in the manner whirts ch the cn bePleic, the incompletese shall (5) ApprovalthoroughapplicationWhich oI
description of the specific made complete, and the franchise, li
and application. Thed P info a ed including
respicat oo the list andcant description.halb it information needed to complete a list Authority to
new 60-calendar-day materials to the commission
the sion of the execs
dote 3 period shall begin. resubmittal of the application,mmission in provide the sere,
rmine the completeness of the a in during a or service it seen
o
(3) If the application
the commission shaI]later than 90 cialendar days application.
deemed complete, the commission may (6) Authority e
c
project is no wafter the application is deem determine not (7) Adequate opn
and i privatization therefore exempttisof a public utility withincomplete eee thatn the ensure the
that the applicationft the meaning water quality stan
clearly commission regulation, of Section finds
s )
complies with the clriteria in subdivisions
(e). If the commission does he commission(d finds 16
(8) Adequate oppc
the schedule established in not make this finding
then it shall (d) and circumstances or
•
(4) If the commissionsubdivision (c)• proceed natural disasters o.
of thea fails to under
make a written determination as (f) The commissio completeness r resubmitted
within 60 calendar daj•s after receipt ofe,lice
esubmitted a to the carry out the
for purposes of this section application, the application shall be deemedP the. pion shall could
ret re
(c) Within 180 calendar days complete gent franchise, lice
commission shall Bete after the a changes could rend
sty within the determine whether the application is project deemed is complete, the
meaning of Section 216privatization tion 216. The coma-
(e).
The nc the fission using the criteria in subd'vis publicn ti]- tion pursuant to thi:
it to bemay hold a hearin2 on the matter if the commission incurred in processir
necessary. * (d) and
a privatizer and local agency
franchise, license, mission finds (g) As used in this sr
either exemptedency shall be entered into until the commservice ission
between
the project . sewerage project tha
whichever first. Nothing inmission has
or the I80_calendar-calendar franchise, license, or
commissionv comesm g this section Period has expired, that local agency, pu
mutually agreeing precludes a privatizer and the
provided in this section, g to a further extension of any • the local agency,
(d) The commission time limit its r
maydote includes, but is not li
• utility within the determine that a replacing
mission regulation
eoft Section 2 privatization project is not a public o, city, cinint gulation if it finds that the * �16' and is therefore exempttreatment plants, and
meat both demonstrates that the local agency
license, from corn-
area. any city, count
protect- the public interest and adequately
orservice agree_ area. "Privatizes" me:
sion of q ) retains sufficient oof the tiro i-
service which would otherwise Y addresses excluding municipal cc
z
making its dote all aspects eg the on. In
rmination be subject to commissionSewerage project pursu:
agency has complied ' the commission shall determine
regulation. In local agency. '�sion of the p with Section 542 rmrne Whether the local , which
subsequent commission shall 53 of the Government Santa Ana Watershed uent changes• final and conclusive in the Code.
any
Desalter Project, which
Amended State 1992 ch 669§3
6 Beginning Amendments
italics indicate chap R in 1992, 1992
Res or additions.•••• Amendment:(I)Substituted
indicate omissions.
Ia Pub UtB CI
I3PUb Utit CI italic
'
.
4 F
iv Sy k e
'IES CODE _ ;
PUBLIC UTILITIES CODE w,:
3 project is § 10013 34 ,,` -, -
(e) In making a determination pursuant to subdivision (c), the commission --
shall review the *-*.* franchise, license, or service agreement to ensure that
agreement the * *'* agreement * * * grants the local agency, at a minimum, all of the -;"
:ion for a following: t " '
:.
blic utility A 4t.
bmmission (I) Exclusive authority to establish all rates and rate changes charged to the = ` ;: :,; -.- .
fission. the public.
J h -'
io make a (2) Approval over any proposal of the privatizer to provide new, additional,
or alternative service to any other public or private entity or to change the '
s applica- service fee paid to the privatizer by.the local agency. _ '>
z whether (3) Approval over'the original design and construction of the project, includ- '',• -� h rmination ing any changes in design, alterations. or additions to the project. s
(4) Approval over any changes in ownership of the party or parties subject to } i
sion shall the franchise, license, or service agreement. - ;_
plete and (5) Authority to impose fines and penalties for noncompliance with any provi-
ing a list
y p _•1 .;.
iplete the sion of the executed franchise, license; or service agreement, or for failure to
fission in provide the service within the time period agreed to in the franchise, license, 9 F
cation a or service agreement. .;
=
;ion shall (6) Authority to ensure that the facility is adequately maintained. '
(7) Adequate opportunity �
qto monitor compliance with the agreement and to __,-
mine not ensure the project will be operated to meet any applicable federal or state `'
that the water quality standards or other applicable laws.
lion 216 ��_- �
ion 216 (8) Adequate opportunity to amend the agreement in the event of unforeseen -=_-= -: •*._
(d) and circumstances or contingencies, such as flood, earthquake, fire, or other
°d under natural disasters or federal tax law changes.
(f) The commission may adopt whatever procedures it deems necessary to : ti -'.}�,
to the carry out the provisions of subdivisions (a); (b), (c), (d), and (e). The commis-
't of the sion shall adopt regulations for reviewing any proposed changes to a contin- r`
omplete gent franchise, license, or service agreement to determine if the proposed
1 `
changes could render the project a public utility within the meaning of Sec- - `
ete, the tion 216. The commission shall charge each privatizer submitting an applica- _.
e,
util tion pursuant to this section a fee which will be sufficient to defraythe costs .`
tic and incurred in processing the application and rendering a decision upon it. `"`=`, ' -
(g) As used in this section, -i r xi finds
privatization project' means any waste water or
�enceen sewerage project that is owned and operated by a privatizer pursuant to a ?F
ion has franchise, license, or service agreement with a local agency, or any agency of .-.'.•
that local agency, .
xpired, g y, pursuant to which services are supplied for the benefit of '
Ind the the local agency, its residents, or both, or any agency of the state. "Project"
e limit :includes, but is not limited to, financing, designing, constructing, repairing,
_ ,
replacing, maintaining, and operating collector systems, pumping stations,
public treatment plants, and lateral interceptors, and outfall sewers. "Local agency" %= - 1
i com_ means any city, county, city and county, special district, or county service
agree- area. "Privatizer" means any corporation, partnership, or natural person,
:ion to excluding municipal corporations, which awns and operates a wastewater or
. sewerage project pursuant to a franchise, license, or service agreement with a
proI•i- local agency. "privatization project," as used in this section, includes the
on. In - -
local Santa Ana Watershed Project Authority's Arlington Basin Groundwater
deci- Desalter Project, which will treat groundwater contaminated by wastewater. v
Amended Stats 1992 ch 669 §3(AB 3605).
if any
Amendments:
1992 Amendment:(1)Substituted"Subsequent to signing a contingent"for"Prior to signing an executed" _ - ,
I
(3 Pub UtI C / Beginning in 1992.
1 italics indica77chan es or additions.•• 7 8 •indicate omissions. -
.. •... '.. .a ' - Y.. `"k. ' ., - r r -' . +'.f', .• .r -, r .:Ki`�'.a14tc 3 i^.h -?y 1 Jr j,
« § 10013 j a ; `1
at the beginning otsubd • PUBLIC UTILITIES CODE '"90"for"30" (a).(2)substituted"60" PUBLIC UTII
Pears; bean n saber(b);O`q subd
or"30"in subds(b
slati
)(I),inu ( )amended (c)b, a ( )(1).(b)("),and(b)(4);0"both(3 substituted
pea time deleting the former third sentence which ( ) : "If thesubstituting•)gp••for'9es
period, the project shall hich read; "If commission taxes no action times it ap_ of its leajemi
tiontime period,
and anpro be deemed exempt from commissionthereof,
Lion (e submitted deletingbsequent changes to the executed" regulation.":n.";(5) tivited is not
"application and any sub after"finds[hat the" deleted "applica- acquiring emit
subd(e)by e or (a)acuted" subsequent changesin sub"hall reviewall(6)Amended leg
(7)substituted "aafter"ensure that the"; to the executed• r islarive boa
contingent"for"anand(c)",where applicable,"aftter" greemtthe";" transfer
executed"after"pond chance after"agreement"; and th
yes to"in subd M.
greement";and be bound to ret
§ 10016. Recovery from subsequent tenant for nonpayment system being
by
0016.previoustenan which do sc
P yment of water charges (entity, not ur
municipal corporation owning
water for residentialnicipa use to a tenant under an account estic ' (c) Any
b or operating a public utility furnishing
ant seek use
any charges or Y rnjshin- nrurzi!1
to shall for_ thek tenant's residential ay use from Irsliei b furnishing water
penalties for the furnishing
the ten-
municipal of the publi.
property owner due to non rnishing of water. municipal corpor
purpose the term "subsequent
of chargesany subsequent tenant or this
lived at the residence during bya the terms and col
quent'tenant"shall not include adult person For this the sale or sic e
• The at the
es d e the period that the charges any esa who
pticant corporation may collect a de g or penalties accrued. �I) The nrulzicipc
• Prior to an account posit from the tenant service legislat body,
corporation may not establishingrequire service account
subsequent ap- not necessaryillbeo h
on the account of the landlord thatr forto the nt tenants be municipal ants will be for
•
consents through a written agreement, quest tenants furnishedProvit
property owner unless the property termsrsofthat are just
(b) sA public utility p path' owner err
i an amount that subjectds to thi the section
o the acquired
y not demand or receive secure err of the municipc
times the estimated average twicemonthly l estimated averao
g y bill. _average periodic bill or three (2) The acquiring z(c)In evert of tenant non body or board of d,
shall the applied to ens payment of all ore terms and sale o Iran
final bill issued when service is terminated.rt ' the
(d) This.section shall not applydeposit (3) The or trarz
Amended Slats do ch 24 to master-metered apartment1770), 8, buildings. issue in the election
Amendments:
1996 Amendment: (d)Subject to subdi vt
(1)Des)_
"under an account established b nated the former section to be rube in'furnisand water
due to"for"on account of' the tenant"before ' (a); (2)amended rube (a) five body and without
after tsubset' shaft seek to";(b)substituting"or the oy (a)adding
sentences;(d)substituting•• "subsequent tentant"in the first sentence; e' Si°!t of law.
property owner consents thou" for",however," (";and
n( the adding
hire •before"require that service'; (e) A munici
(d), h a written agreement"at the end of tuba and a Pal Corp
()added "unless the .the manner o(a);and(3)added tubas(b)_ of SOIiC1tt
§ 10061. Transfer of for the acquisition of,
• another municipality; public
utility
t ' furnishing agreements
proposal or proposalsb
Pu 1d urn of prior
ge waterants service; Acquisition
(a) Notwithstandingproposal or proposals
article, Article 1 ants by notice thereof shall b
a s nl corporation, with Section 10001) Government Code. n .
may Pease Potation, by following the provisions ofand this
it sell or ,all or of aproposals received and.
m y.Yease, s ll or transferee Sall o partused in thisc utility-
this section,
public utili restrictions, may lease, .
by
lion,"means a city �' owned and operated
(b) An �' or a city and county, con, municipal corpora- i�'to the entity that the
Y municipal co to provide equal sale,or bhe
furnishing water s Corpice, a ration owning and operatinglion
grad and usedapan of which or all of w u public utility for next regularly proposes scheduled
for hick public utility is ofper- The
municipal corporation furnishing water service outside the
may lease, sell or transfer for • boundaries the municipal corporate
any pan of the portion of the public utility located outside �)An ag
the municipaltportion
on to any other municipal just compensationthe.boundaries
of Y reemrat enter
public utility water co the boundaries of corporatjons for the least
byor the isutility
corporation upon the to opal corporation, public agency °W�� and operated by
selling municipal corporation if, b . terms and conditions agreed water service to the inh:
• y resolution adopted b g upon
lease, sale or transfer is n
8 Beginning in 1992, y a majority
Amended Stets 1996 ch 169§ 1 (S
italics indicate changes or additions.•••indicate omissions,
(3 Pub Utp C) •
13 Pub Utii C) italics
bt-vl4`' •
• PUBLIC UTILITIES CODE
CODE § 10061 }
;bstitutea of its legislative body,`it has determined that the public utility, or portion • r,;
,�;t ap thereof, is not necessary for supplying water to its own inhabitants and if the '" `
n ttithin ,a,
acquiring entity by resolution adopted by a-majority of the members of its w::. _
'appiica- legislative body or board of directors has concurred in the lease, sale, or ''
:mended transfer and the terms and conditions thereof and if the acquiring entity will
,t :and be bound to render water service to the persons formerly served through the i::; _ T;•,zw the:
; , -'
system being sold on terms and conditions which are just and reasonable and ` `
which do not unreasonably discriminate against the customers of the acquired ` ' J
larger entity.
(c) Any municipal corporation owning and operating a public utility forte
hing furnishing water service may sell or transfer,for just compensation, all or any 4- ; ; ;
e ten- part of the public utility located inside its municipal boundaries to any.other '< r ;
stater municipal corporation,public agency, or public utility water corporation upon `
r the the terms and conditions agreed•upon by the selling municipal corporation, if
this the sale or transfer is approved as follows:
who (1) The municipal corporation, by resolution adopted by a majority of its '
rued. legislative body, has determined that the public utility, or portion thereof, is
e ap- not necessary for supplying water to its own inhabitants, or that its inhabit-
cipal ants will be provided with equal or better service by the acquiring entity on
shed terms that are just and reasonable and do not discriminate against the custom- •= -
tither ers of the acquired entity; and orders the issue submitted to the qualified vot- �'
ers of the municipality at a special or general election held for that purposes
•lrity (2) The acquiring entity by resolution adopted by a majority of its legislative "a. .y`` "` '
hree body or board of directors has concurred in the sale or transfer and in the „s,:"_ , . r
terms and conditions thereof k r;: _.;
7osit (3) The sale or transfer is approved by a majority of all voters voting on the
issue in the election held for that purpose. . r:< .;'
(d) Subject to subdivision (e), a municipal corporation may lease a public util-
ity furnishing water service by a resolution adopted by a majority of its legisla- 1
five body and without lease term or other restrictions stated in any other provi-
idine sion of law. ' ` - ;
,ner
:hird (e) A municipal corporation acting pursuant to subdivision (c) shall specify
s the the manner of soliciting and filing, and the method of evaluating, proposals P
b)-- for the acquisition of the public utility. Upon receipt and staff evaluation of a
proposal or proposals the municipal corporation, if it determines that the •
K..*-•_.• j
proposal or proposals are responsive, shall schedule a public hearing, and • ,' •_
by notice thereof shall be published in accordance with Section 6066 of the =
Governnzent Code. At the hearing, the municipal corporation shall examine
his proposals received and staff recommendations, and without lease term or other : - f :_-• {
7n, restrictions, may lease, sell, or transfer,for just compensation, the public util- , =
•ed ity to the entity that the municipal corporation finds best qualified to continue ~it2 ` "
-a- to provide equal or better service to the customers of the
P q system. If the resolu-
tion proposes a sale, the resolution shall place the question on the ballot at the
or next regularly scheduled election or at a special election called for that purpose. :='_'-: `, •'
r- The municipal corporation may, in its sole discretion, reject all proposals.
ze (f) Any agreement entered into before September 17, 1965, between municipal
Dr corporations for the lease, sale or transfer of all or any part of a public utility '
Df owned and operated by one of the municipal corporations and furnishing
water service to the inhabitants of the municipal corporation to which the ;`:
n lease, sale or transfer is made is hereby, validated. ••
y Amended Stats 1996 ch 169 § 1 (SB 2111).
4_ yam
Beginning in 1992. `=
i3 Pub Util C] italics indicate changes or additions.••
'indicate omissions. 9
a. •. .r - . i • t n. r 1. '. .. • • . . N'w A"3 ..k t• +.- .a
' i , .. 4 J • , er.
ti'
YA
i r J 't
1996 REG. SESSION - 119 CHAPTER 24 I : .,.,;, : r
•: C r
-:.. . i „..z•-.. I y i
}
t
• - - .. I •- i
CHAPTER 24 1 _ 0 s - - .#
(Assembly Bill No. 1770) I `.;,
1 Vas r., ;,
-An act to amend Sections 10009.6, 10016, 1.2811.1, 1281.1.5, and 12822.6 of the - ; t4 4 {.. S
Public Utilities Code, relating to public utilities, and declaring the urgency thereof; ; t< w,...-,:=
to take effect immediately.
i ,v
i d f
• (Approved by Governor April 8. 1996.) y j
4�SS'i •
LEGISLATIVE COUNSEL'S DIGEST ,' ",. ,,,. 71
AB 1770, Brewer. Public utilities: services to tenants. - -+
(1) Existing law provides for the furnishing of utility services, including residential ; r .'0. + ,
electrical, gas, heat, and water services, by privately owned public utilities subject to
the jurisdiction and control of the Public Utilities Commission and similar services '
;? rt •by publicly owned public utilities, including municipal corporations subject to their .:. t
governing bodies and municipal utility districts and public utility districts subject to
their boards of directors. Existing law requires the decision of a district to require a r '°_-
new residential applicant to deposit a sum of money, prior to establishing an account ::Vf _i.,;;
and furnishing service, to be based solely upon the creditworthiness of the applicant *4 c:-.. -• `'
as determined bythe entity. X` '
This bill would, with respect to municipally owned utilities and municipal utility (w � �; • r;
districts, prohibit the seeking of any recovery of charges or penalties for the furnish- 5;: '
ing of services from any subsequent tenant or the property owner due to nonpayment r`,
of charges by a previous tenant. For this purpose. a subsequent tenant would not ,``.a: ' _
include an adult who lived at the residence when the charges or penalties accrued. a • '
The bill would prohibit these public utilities from demanding or receiving security in 'i �'.
an amount that exceeds specified amounts. The bill would authorize the public util- . _',
ity, in the event of tenant nonpayment of all or a portion of the bill, to apply the de- 4r
posit to the final bill issued when service is terminated.
Because this bill would create new duties for municipally owned utilities and mu- c�
nicipal utility districts, the bill would impose a state-mandated local program. I � .._,,,ar.:;,,.._4 ,
(2) Existing law prohibits any water corporation, municipality, district, or other ' {�f.. ;A-, ---`.,
public agency furnishing water for residential use to a tenant to seek to recover , e h, = ,
charges or penalties for the furnishing of water to or for the tenant's residential use
from any subsequent tenant because of the nonpayment of charges by a previous ten- .i ' - • • •
ant, bud permits the corporation, municipality, district, or public agency to require .k.3..1 `
that service to subsequent tenants be furnished on the landlord' s or property owner's f"= `,'
t> ;..
account. -
• �.L r
This bill would, with respect to municipally owned utilities and municipal utility }>Y ,
districts, authorize the public utility to collect a deposit from a tenant service ap- ..-1.-..-.- _ -
plicant prior to establishing an account for the tenant"The bill would prohibit these•
s • 2.
public utilities from demanding or receiving security in an amount that exceeds "- x '--
specified amounts. The bill would authorize these public utilities, in the event of ten-
ant nonpayment of all or a portion of the bill, to apply the deposit to the final bill '1 ;
issued when service is terminated.
-The bill would prohibit the municipal corporation or district from requiring that 1 -'':-=.�- •'•- `
service to subsequent tenants be furnished on the account of the landlord or property
owner unless the property owner consents through a written agreement. • `4•; -
Italics indicate changes or additions. * * * indicate ommissions.
C•Pi l
J I t ar. • .
• Jx t 3•
•!
\ e ;t fr , - • : 3 Y fi
u
. 1-..P_:,,,i.1:. - -•:.“:.. ... ,-16•:i c:, _ .-_ • I. . ..,:m : . ,.. : . . •,,,, ..,, ,,. , • ‘,.. ,..• • ,,.,,.. ,„,..,_.• -. • ,. , . , , ,.-,,_
4 ,,
CHAPTER 24 120 • 1996 REG. SESSION 1996 REG. SE5
(3) Existing law provides that accounts of a municipal utility district that are de- furnished on the
linquent become a lien on the property to which services were rendered, with-the consents througJ
force, effect, and priority of a judgment lien,when a certificate to this effect is filed . (b)A public i
for recordation with the county recorder.: _ , amount that ea
This bill would exempt residential property from this provision. estimated averq
(4) This bill would not apply to master-metered apartment buildings. (c),In the eve
(5) The California Constitution`requires the state to reimburse local agencies and shall be applied
school districts for certain costs mandated by the state. Statutory provisions establish (d) This sectic
procedures for making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 SEC. 3. Sect
statewide and other procedures for claims whose statewide costs exceed $1,000,000. § 12811.1. (,
This bill would provide that, if the Commission on State Mandates determines record of real F
that the bill contains costs mandated by the state, reimbursement for those costs other charges fc
shall be made pursuant to these statutory provisions. • tolls, rates, rent
(6) The bill would declare that it is to take effect immediately as an urgency stat- interest and pen
• ute. the office of the
force, effect, and
The people of the State of California do enact as follows: tion on any pub]
• (b) A lien unc
SECTION 1. Section 10009.6 of the Public Utilities Code is amended to read: office of the cot;
§ 10009.6. (a) The decision of a public utility to require a new residential ap- fees, tolls, rates,
plicant to deposit a sum of money with the public utility prior to establishing an ac- the name of the
count and furnishing service shall be based solely upon the creditworthiness of the the district: and
applicant as determined by the public utility. payment of all
(b) No municipal corporation owning or operating a public utility furnishing ser- district shall file
vices for'residential use to a tenant under an account established by the tenant shall (c) In filing a• .
seek to recover any charges or penalties for the furnishing of services to or for the pay the fees spec
tenant's residential use fromany subsequent tenant or the property owner due to (d) The remec
nonpayment of charges by a previous tenant. For this purpose, the term "subsequent law.
tenant" shall not include any adult person who lived at the residence during.the pe- • N (e) This sectio
Hod that the charges or penalties accrued. The municipal corporation may collect a water to resident
deposit from the tenant service applicant prior to establishing an account for the ten- SEC. 4. Sect:
ant. The municipal corporation may not require that service to subsequent tenants be
furnished on the account of the landlord or property owner unless the property owner § 12811.5. (a
consents through a written agreement. an account estab,
(c)A public utility subject to this section may not demand or receive security in an • the furnishing of
amount that exceeds twice the estimated average periodic bill or three times the antor the propert
estimated average monthly bill. purpose the term
(d) In the event of tenant nonpayment of all or a portion of the bill, the deposit the residence dur
shall be applied to the final bill issued when service is terminated. collect a deposit
(e) This section shall not apply to master-metered apartment buildings. the, tenant. The
furnished on the
SEC. 2. ' Section 10016 of the Public Utilities Code is amended to read: consents through
§ 10016. (a) No municipal corporation owning or operating a public utility (b)A public u,
furnishing water for residential use to a tenant under an account established by the amount that ex•
tenant shall seek to recover any charges or penalties for the furnishing of water to or estimated average
for the tenant's residential use from any subsequent tenant or the property owner due (c) In the eve"
to nonpayment of charges by a previous tenant. For this purpose the term "subsequent shall be applied
tenant"shall,not include any adult person who lived at the residence during the pe- (d) This sectio,
• Hod that the charges or penalties accrued. The municipal corporation may collect a SEC. 5. Secti
deposit from the tenant service applicant prior to establishing an account for the ten-
ant. The municipal corporation may not require that service to subsequent tenants be § 12822.6. (a
Italics indicate changes or additions. * * * indicate ommissions. Italics
.
1 - ..
1996 REG. SESSION 121 CHAPTER 24
SEC.5 j` t -- ,1
furnished on the account of the landlord or property owner unless the property owner 11,``
consents through a written agreement.
(b)A publicy
utility subject to this section may not demand or receive security in an •I1 z. ^_'.--_{:_
amount that exceeds twice the estimated average periodic bill or three times the .• ti;:_•
estimated average monthly bill. •' x
(c) 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 sen•ice is terminated. _' : -
(d) This section shall not apply to master-metered apartment buildings. • < ,=r._-.Y;
R:,
SEC. 3. Section 12811.1.of the Public Utilities Code is amended to read: r`
§ 12811.1. (a) 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, t
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 sec-
tion on any publicly owned property. j: .s
(b) A lien under this section attaches when the district files.for recordation in the r` --: .•'• --
office of the county recorder a certificate specifying the amount of.the delinquent
fees, tolls, rates, rentals, or other charges together with interest and penaltiesthereon, .
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. R'ithin 30 days of receipt of , ,t` -
.
payment of all amounts due, including recordation fees paid by the district, the r
district shall file for recordation a release of the lien.
• (c) In filing any instrument for recordation under this section, the district shall
pay the fees specified in Sections 27361 and 27361A=of the Government Code. 1 ', z
(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 to residential property or electrical service. ' :: :-.•
SEC. 4. Section 12811.5 of the Public Utilities Code is amended to read: I '-.
§ 12811.5. (a) No district furnishing water for residential use to a tenant under .
an account established by the tenant shall seek to recover any charges or penalties for i the furnishing of water to or for the tenant's.residential use from any subsequent ten- , .-
antor the property owner due to nonpayment of charges by a previous tenant. For this 1 �: '
purpose the term "subsequent tenant"shall not include any adult person who lived at I, ,'i`
the residence during the period that the charges or penalties accrued. The district may t _;
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 I p ' - ,
consents through a written agreement. .,
(b)A public utility 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 '; s;,__:_.:^ ._:_,
estimated average monthly bill. —`
(c) 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. I
(d) This section shall not apply to master-metered apartment buildings. _ .
SEC. 5. Section 12822.6 of the Public Utilities Code is amended to read:
§ 12822.6. (a) The decision of a district to require a new residential applicant to
Italics indicate changes or additions. * * * indicate ommissions.
• - -
fw �ll 4 `�• v s >`fit ' ,..
A'-
.
CHAPTER 24 122 1996 REG. SESSION 1996 REG. SE:
SEC.5
deposit a sum of money with the district prior to establishing an account and.furnish-
ing service shall be based solely upon the creditworthiness of the applicant as
determined by the district.
(b) No municipal utility district oWnirrg 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 An act to an-
tenant"shall not include any adult person who lived at the residence during the pc- and Safety Code
riod that the charges or penalties accrued. The district may collect a deposit from the - effect immediate
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 consents through a written
agreement. •
(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 AB 1855, She
estimated average monthly bill. Existing law p
(d) In the event of tenant nonpayment of all or a portion of the bill, the deposit into the atmosph
shall be applied to the final bill issued when service is terminated. This bill wou
(e) This sectionshall not apply to master-metered apartment buildings. control district o.
ment on emission
SEC. 6. Notwithstanding Section 17610 of the Government Code, if the Corn- used exclusively
mission on State Mandates determines that.this act contains costs mandated by.the bill would also rr
• state, reimbursement to local agencies and school districts for those costs shall be The bill would
made pursuant.to Part 7 (commencing with Section 17500) of Division 4 of Title 2
of the Government Code. If the statewide cost of the claim for reimbursement does
not exceed one million dollars (S1;000,000), reimbursement shall be made from the •
The people of the
State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise speci- SECTION 1.
fied, the provisions of this act shall become operative on the same date that the act - • Y § 41701.5. (a)
takes effect pursuant to the California Constitution. requirement on el
SEC. 7. This act is an urgency statute necessary for the immediate preservation more st signs (b)) and (c).dnt a
of the public peace, health, or safety within the meaning of Article IV of the Consti- (b) A district sl
tution and shall go into immediate effect. The facts constituting the necessity are: the operator subi
In order to prohibit the imposition of'unfair charges on tenants at the earliest pos- district determine
sible time, it is necessary that this act take effect immediately. proposed use will
EXPLANATORY NOTES ASSEMBLY BILL 1770: (1) Meets the ,
Pub Util C§ 10009.6.(1)Designated the former section to be subd (a);and (2)added subds(b)—(e). of a si and does r
Pub Uzi]C§ 10016.(1)Designated the former section to be subd (a);(2)amended subd (a)by(a)add- • • Of a Sngle pile.
• ing•'under an account established by the tenant"before"shall seek to";(b)substituting"or the prop- • (2) Meets the i
erty owner due to"for"on account of after"subsequent tentant"in the first sentence;(c)adding the . Mines, does not e.
second and third sentences;td)substituting"not"for",however,"before"require that service";and single pile, and u.
(r)adding"unless the property owner consents through a written agreement"at the end of subd(a);
and i3)added subds(b)—(d).•
•
lubricating oil. A
Pub Util C § 12811.1. Substituted "subtenant"for"other occupant of the property"before"and those paragraph if the
fees" •
in the first sentence of subd (a). — district may cons:
•
Pub Util C § 12811.5. (1)Designated the former section to be subd (a); (2)amended subd (a) by (a) • number of blows
adding "under an account established by the tenant" before "shall seek to"; (b)substituting"or the nomic feasibility c
property owner due to"for"on account of before"nonpayment of'in the first sentence; (c)adding (c) A permit iss
the second and third sentences;(d)substituting"not" for",however,"before"require that";and (e)
adding"unless the property owner consents through a written agreement•at the end of subd(a);and approved or
o f a
(3)added subds(b)—(d). - Upon requestt of a
Pub Util C§ 12822.6. (1)Designated the former section to be subd(a);and (2)added subds(b)--(e). is performed, a di
• the operator conti
•
Italics indicate changes or additions. * * * indicate ommissions. • Italics ir.
•
s_J _:.�:
REQUEST FOR LATE SUBMITTAL OF RCA
Adoption of Ordinance Relatingto
Department: - City Treasurer T Title
e Security P
Deposit for Water Services
Council Meeting Date: g18/9p, Date of This Request: 8/31/_j8
REASON (Why is this RCA being submitted late?):
RCA is submitted at request of City Administrator as a timely response to recent
newspapers articles that water services deposits are not in compliance with current law. .
•
EXPLANATION (Why is this RCA necessary to this agenda?):
This RCA is necessary at this time to r s.pnn. to numerous inquiries from media and
customers.
•
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
Delay of this RCA would bring extremely negative feedback tc the City as being
non-responsive to crucial issues .
Sig ature: ErApproved CI Denied CI Approved O Denied
11:11Initials
At L. v''�� ::>; Required lip
ent Head Ray Silver XiVtibCt (iI ttil¢ltaa
1 r �
RA ROUTING SHEET
INITIATING DEPARTMENT: City Treasurer
SUBJECT: Adoption of Ordinance Relating to Security Deposit for
Water Services
COUNCIL MEETING DATE: September 8, 1998
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) (' )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author:
Y /a
(QV .
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
County of Orange )
I am a Citizen of the United States and a PUBLIC NOTICE All applicants must de-
posit with the Water De-
LEGAL NOTICE partment a fee established
resident of the County aforesaid; I am ORDINANCE NO.3404 by resolution of the City
Council as a guarantee that
AN ORDINANCE OF
over the age of eighteen years, and not a all water bills, fines and
THE CITY COUNCIL OF penalties shall be paid by
party to or interested in the below THE CITY OF HUN- the applicant. The City
T I N G T O N BEACH Treasurer shall waive the
entitled matter. I am a principal clerk of AMENDING THE HUN• creditworthiness byo the ap-
TINGTON BEACH MU- ap
-
AMENDING HUNTINGTON BEACH INDEPENDENT, a NICIPAL CODE BY theCity.icant as determined by
AMENDING CHAPTER The deposit shall be re-
newspaper of general circulation, printed 14.12 ENTITLED turned to the applicant,
"FEES RATES AND without interest, at the time
and pu dished in the City of Huntington . DEPOSITS" water service is discontin-
FULL TEXT: ued provided that applicant
Beach, County of Orange, State of WHEREAS, the City of has not left unpaid anyi
Huntington Beach requires water bill, fine or penalty.
California, and that attached Notice is a all new applicants to de- Such unpaid water bill, fine
posit a fee as a guarantee or penalty shall be de-
true and complete copy as was printed that all water bills, fines ducted from the applicant's
and penalties shall be paid deposit and the balance
and published in the Huntington Beach by the applicant;and thereof, he, shall be rat
The California Public Utili- fundeddthe applicant at
ties Code Section his or hero last known ad-
and Fountain Valley issues of said 10009.5(a), the decision to dress.
require a deposit for an ap- SECTION 2. This ordi-
nancenewspaper to wit the issue(s) of: plicant "prior to establish- sho take ti . 30
ing an account and furnish- days after it
s adoptioonn.
ing services shall be based ADOPTED by the City
Hun-
solely upon the creditwor- Council of City regular ar
tington Beacchh of
thiness of the applicant as Se
determined by the public meeting held Monday,Sep-
utility." lumber 21, 1998,by the fol-
NOW, THEREFORE, the,lowing roll call vote:
19 9 8 City Council of the City of AYES: Councllmem-
O c t o b e r 1 , Huntington Beach does bars: Julien, Harman,
hereby ordain as follows: Green, Dettloff, Bauer,
SECTION 1. The Hun- Sullivan
tington Beach Municipal NOES: Councllmem-
Code is hereby amended bers:None
by amending Section ABSENT: Council-
I declare, under penalty of perjury, that 14.12.090 to read as fol-
lows:lows: members:Garofalo
14.12.090 Water service- CITY OF
the foregoing is true and correct. Applications. All applica- HUNTINGTON BEACH
tions for water must be CONNIE BROCKWAY
made out on forms pro- CITY CLERK
vided by the Water Depart- Published Huntington
ment and must be signed Beach-Fountain Valley In-
Executed on October 1, 199A_ by applicant or his !dependent October agent. 101-037
at Costa Mesa, California.
r.
-.;;;;;:7-----. 2e,,,, ,
Signature