reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 12337.

12337. All money received by any person as an annuity, pension, retirement allowance, disability payment, or death benefit from the retirement system, and all contributions and interest thereon returned to any member of the retirement system, whether in the actual possession of such person or deposited, loaned, or invested by him, is unassignable, and is exempt from execution or any other process except to the extent permitted by Section 704.110 of the Code of Civil Procedure.
(Amended by Stats. 1982, Ch. 497, Sec. 164. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 12337.5.

12337.5. Notwithstanding the provisions of Section 12337, the retirement board may comply with and give effect to a revocable written authorization signed by a retired member or beneficiary of a retired member entitled to a retirement allowance or benefit under this chapter, authorizing the district to deduct appropriate amounts from the retirement allowance or benefit payable to any such retired member or beneficiary of a retired member for the purpose of paying premiums of any group medical or hospital service plan, or both, approved by the district, for the benefit of such retired member or his dependents, for the payment of personal income taxes to the Government of the United States or of the State of California, or for the purchase of shares in, or the payment of money to, the utility district credit union.
(Amended by Stats. 1977, Ch. 201.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 12338.

12338. Nothing in this division shall prevent a district from establishing a deferred compensation plan for some or all of its officers and employees pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(Added by Stats. 1976, Ch. 820.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12361.

12361. The board shall create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees, to administer the retirement system, and shall define its powers and duties and the tenure of the members.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12363.

12363. The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole authority and judge under such ordinances as may be adopted by the board as to the conditions under which persons may be admitted to and continue to receive benefits of any sort under the retirement system, and may modify allowances for service and disability. The determination of the retirement board shall be final and conclusive and shall not be modified or set aside except for fraud or abuse of discretion.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12364.

12364. If the district maintains its own retirement fund, the retirement board shall have exclusive control of the administration, investment, and disbursement of the retirement fund. The retirement fund is a trust fund held for the exclusive purposes of providing benefits to members of the retirement system and their survivors and beneficiaries. Investment of the fund shall be subject to the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
(Amended by Stats. 1984, Ch. 1738, Sec. 33. Effective September 30, 1984.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12365.6.

12365.6. In addition to such other investments that are authorized by this article, the retirement board may, in its discretion, invest the assets of the retirement fund in deeds of trust and mortgages. Investments made under this section shall not exceed, in the aggregate, an amount equal to 25 percent of the assets of the system.
(Added by Stats. 1981, Ch. 484, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12365.7.

12365.7. (a) Notwithstanding any other provision of this chapter, the retirement board, or the district’s treasurer with the approval of the retirement board, may enter into security loan agreements with broker-dealers and with California or national banks for the purpose of prudently supplementing the income normally received from investments.
(b) “Security loan agreement” means a written contract whereby a legal owner, the lender, agrees to lend specific marketable corporate or government securities for a period not to exceed one year. The lender retains the right to collect from the borrower all dividends, interest, premiums, rights, and any other distributions to which the lender would otherwise have been entitled. The lender waives the right to vote the securities during the term of the loan. The lender may terminate the contract upon not more than five business days’ notice as agreed, and the borrower may terminate the contract upon not less than two business days’ notice as agreed. The borrower shall provide collateral to the lender in the form of cash or bonds or other interest-bearing notes and obligations of the United States or federal instrumentalities eligible for investment by a lending retirement fund.
The collateral shall be in an amount equal to at least 102 percent of the market value of the loaned securities as agreed. The lender shall monitor the market value of the loaned securities daily. The loan agreement shall provide for payment of additional collateral on a daily basis, or at the time the value of the loaned securities increases, to agreed-upon ratios. In no event shall the amount of the collateral be less than the market value of the loaned securities.
(c) “Marketable securities” means securities that are freely traded on recognized exchanges or marketplaces.
(d) The retirement board or district treasurer entering into security loan agreements shall do all of the following:
(1) Maintain detailed records of all security loans.
(2) Develop controls and reports to monitor the conduct of the transactions.
(3) Publicize the net results of the security loan transaction separate from the results of other investment activities.
(Added by Stats. 1981, Ch. 484, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12365.8.

12365.8. Notwithstanding any other provision of this article, the retirement system may invest in any and all investments authorized by Section 1372 of the Financial Code and Section 12871 of this code.
(Added by Stats. 1981, Ch. 484, Sec. 3.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12366.

12366. Notwithstanding Section 12364, the retirement board may contract with one or more qualified investment managers in connection with the investment program of the retirement board.
(Amended by Stats. 1984, Ch. 1738, Sec. 37. Effective September 30, 1984.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12367.

12367. The retirement board may authorize a trust company or a trust department of any state or national bank authorized to conduct the business of a trust company in this state or the Federal Reserve Bank of San Francisco or any branch thereof within this state, to act as custodian of any securities invested in by the retirement board. Any such bank or trust company may be authorized to collect the income from such securities or the proceeds of the sale thereof for the retirement board, and deposit said income or funds in the account of the retirement system. The compensation of such bank or trust company for such custodial services shall be fixed by agreement and shall be paid in the same manner and from the same funds as are other costs of administration of the retirement system. Securities of the retirement fund held by the custodian bank or trust company may be registered in the nominee name of the custodian or of the retirement system. The custodian bank or trust company shall make such disposition of the securities as the retirement board shall authorize. All such securities are at all times subject to the order of the retirement board.
(Added by Stats. 1969, Ch. 328.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 12368.

12368. Funds held by a district pursuant to a written agreement between the district and the employees of the district to defer a portion of the compensation otherwise receivable by the district’s employees and pursuant to a plan for such deferral as adopted by the board, may be invested in the types of investments set forth in Section 53609 of the Government Code.
(Added by Stats. 1976, Ch. 820.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 4 - Investigation and Penalties › Section 12391.

12391. At least once in each four-year period after the establishment of the retirement system the board shall cause to be made an actuarial valuation of the assets and liabilities of the retirement fund, and upon the basis of such investigation and valuation shall make such revision or change of the rates of contribution, the periods and conditions of service, and amounts of retirement allowances as may be necessary.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 5 - Retirement System › ARTICLE 4 - Investigation and Penalties › Section 12392.

12392. Except as herein provided, no member of the board or of the retirement board, nor any member of the retirement system or employee of the district, shall have any interest direct or indirect in the making of any investment or in the gains or profits accruing therefrom, and no such person, directly or indirectly, for himself or as an agent or partner of others, shall borrow any of its funds, nor shall any such person in any manner use the same except to make such current and necessary payments as are authorized by the retirement board, nor shall such a person become an endorser or surety as to, or in any manner an obligor for investments of the retirement fund.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 12702.

12702. A district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 12702.5.

12702.5. (a) Except as specified in subdivision (b), any judicial action or proceeding against a district that provides electric utility service, to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by a district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion.
(b) The statute of limitations specified in subdivision (a) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed.
(Amended by Stats. 2001, Ch. 159, Sec. 178. Effective January 1, 2002.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 12703.

12703. A district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this division.
(Amended by Stats. 1975, Ch. 582.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 12721.

12721. A district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this division.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 12722.

12722. Neither the general manager nor any director of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom. Any violation of this provision is a misdemeanor, and conviction shall work a forfeiture of office. This section has no application to contracts awarded to corporations in which such officer owns less than 1 percent of the entire capital stock.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 12723.

12723. Whenever the board, by resolution passed by a majority of its members, determines that the public interest will be served, a district constructing or operating plants and appurtenant facilities for the generation of electrical power by nuclear energy may purchase or acquire insurance for such properties against physical loss or damage and the resultant loss of capacity for the generation of electrical power from insurance companies organized in the United States or foreign countries as either stock companies or assessment or nonassessment mutual companies. In the event such insurance is acquired from an assessment mutual company, a district shall have authority to share in the initial organization expenses of the company, to become a member of the company, and to assume liability for retrospective premium adjustments in accordance with the terms and conditions of the policy or contract of insurance issued by such company.
(Added by Stats. 1971, Ch. 405.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 3 - Purchases › Section 12751.

12751. (a) Except as specified in Section 12751.5, the purchase of all supplies and materials, when the expenditure required exceeds twenty-five thousand dollars ($25,000), or in a district that has a population of 250,000 or more, when the expenditure required exceeds fifty thousand dollars ($50,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published pursuant to Section 6061 of the Government Code at least 10 days before bids are received. The district may reject any and all bids and readvertise in its discretion. The board may authorize the general manager to determine, in the discretion of the general manager, whether to reject all bids and whether, after the bids have been rejected, to readvertise.
(b) The dollar limit identified in subdivision (a) shall annually be adjusted upward or downward to reflect the percentage change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the U.S. Department of Commerce. The annual adjustments shall be rounded to the nearest one thousand dollars ($1,000).
(Amended by Stats. 1999, Ch. 55, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 3 - Purchases › Section 12751.1.

12751.1. Notwithstanding Section 12751, the board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may authorize the general manager to determine the lowest responsible bidder and to award a contract to that bidder.
(Added by Stats. 1987, Ch. 692, Sec. 14.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 3 - Purchases › Section 12751.2.

12751.2. Notwithstanding Section 12751, the board of a district which has owned and operated water distribution or sewage disposal systems for at least eight years and has a population of 250,000 or more may authorize the general manager to act for the board in determining the lowest responsible bidder and awarding a contract to that bidder where the expenditure required by the bid price is less than one hundred thousand dollars ($100,000). When acting pursuant to this section, the general manager shall, in each instance, promptly notify the board of the action taken.
(Added by Stats. 1997, Ch. 313, Sec. 2. Effective January 1, 1998.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 3 - Purchases › Section 12752.

12752. If after the bids have been rejected, the board determines and declares by a four-fifths vote of all the members of a five-ward district, or by a five-sevenths vote of all the members of a seven-ward district, that in its opinion the materials and supplies may be purchased at a lower price in the open market, the board may proceed, or may authorize the general manager to proceed, to purchase the supplies and materials in the open market without further observance of the provisions requiring contracts, bids, or notice.
(Amended by Stats. 1984, Ch. 465, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 3 - Purchases › Section 12753.

12753. In case of any great emergency, the board may, by resolution passed by a four-fifths vote of all the members of a five-ward district, or by a five-sevenths vote of all the members of a seven-ward district, declare and determine that such emergency exists, and thereupon proceed to expend sums or enter into contracts involving the expenditure of any sums needed in such emergency without observance of the provisions requiring contracts, bids, or notice.
(Amended by Stats. 1973, Ch. 337.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 4 - Property › Section 12771.

12771. A district may take by grant, purchase, gift, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without the district necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the district when in its judgment it is for the best interests of the district so to do. The provisions of this section apply to all sales or mortgages heretofore or hereafter made.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 4 - Property › Section 12772.

12772. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
(Amended by Stats. 2005, Ch. 158, Sec. 32. Effective January 1, 2006.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 4 - Property › Section 12773.

12773. (a) For purposes of this section, “security” has the same meaning as defined in Section 25019 of the Corporations Code.
(b) The Sacramento Municipal Utility District is authorized to operate a pilot project to allow the board of directors of the district to hold nonstock security in a corporation or other private entity if acquired as part of a procurement of goods or services from that entity, provided that no separate funding is expended solely for the nonstock security. The board of directors of the district may sell or otherwise dispose of the nonstock security when, in its judgment, it is in the best interests of the district to do so.
(c) Before exercising the authority described in subdivision (b), the district’s board of directors shall do all of the following:
(1) Make the following findings:
(A) The acquisition furthers the purposes of the district, pursuant to the Municipal Utility District Act.
(B) The acquisition is in the interest of the district’s ratepayers and the public.
(2) Establish a policy governing acquisitions that shall include, but not be limited to, the following:
(A) Procedures for preventing conflicts of interest and violations of Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code.
(B) Procedures for determining how much of an acquisition to accept in lieu of, or in addition to, other forms of remuneration, in order to ensure the district secures a reasonable return on any intellectual property or other resources it provides the private entity.
(C) Procedures governing the approval process for accepting any acquisitions.
(D) Procedures that ensure acquisition of a nonstock security does not unduly influence the amount paid for the associated goods and services.
(3) Post the policy described in paragraph (2) on the district’s internet website.
(4) Adopt a resolution at a regular meeting of the board stating the intent of the board to exercise the authority described in subdivision (b).
(d) The authority described in subdivision (b) shall be limited to a total of three acquisitions. Any profit or other gain earned by these acquisitions shall be used to benefit the district’s ratepayers.
(e) The value, at the time of acquisition, of any single nonstock security acquired pursuant to the authority described in subdivision (b) shall be limited to no more that 3 percent of the district’s annual revenue in the fiscal year the district makes the acquisition.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2019, Ch. 230, Sec. 1. (AB 689) Effective January 1, 2020. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12801.

12801. A district may acquire, construct, own, operate, control, or use, within or without, or partly within or partly without, the district, works or parts of works for supplying the inhabitants of the district and public agencies therein, or some of them, with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter, and may do all things necessary or convenient to the full exercise of the powers herein granted. The district may also purchase any of such commodities or services from any other utility district, public agency, person, or private company, and distribute them.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12801.5.

12801.5. A district that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code.
(Added by Stats. 2018, Ch. 963, Sec. 7. (AB 1999) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12802.

12802. A district may accept, without limitation by any other provisions of this division requiring approval of indebtedness, contributions of money, rights of way, labor, materials, and any other property for the construction, maintenance, and operation of any enterprise in which the district is authorized to engage, and may enter into any contracts and cooperate with and accept cooperation from the State, or any department, instrumentality, or agency thereof, or any public agency of the State in the construction, maintenance, and operation of, and in financing the construction, maintenance, and operation of, any such enterprise.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12803.

12803. Except as provided in this division with reference to sewage disposal, a district shall not interfere with or exercise any control over any existing utility owned and operated by any public agency in the district, unless by consent of the legislative body of the public agency and upon such terms as are mutually agreed upon between the board and the legislative body of the public agency.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12804.

12804. Whenever there is a surplus of water, light, heat, or power above that which is required by inhabitants or public agencies within a district, the district may sell or otherwise dispose of the surplus outside of the district to persons, firms, and public or private corporations, or public agencies outside the district.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12805.

12805. Whenever any of the facilities, works, or utilities of the district, or part thereof, is not used or employed to its fullest capacity for the benefit or requirements of the district or its inhabitants, the district may enter into an agreement with public agencies or any person, firm, or corporation, upon such terms and conditions as are satisfactory to the board, for renting, leasing, or otherwise using the available portion or parts of the facilities, works, or utilities, and in connection with any such agreement, renting, or leasing the district may undertake or perform any services incidental thereto.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12806.

12806. The district and any public agencies included therein may at any time enter into appropriate contracts for the use by any such public agencies of commodities or service furnished by any of the works acquired, owned, or operated, or authorized to be acquired, constructed, or completed by the district, or of any of the facilities of the district.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12807.

12807. A district may sell or otherwise dispose of any water, sewage effluent, fertilizer, or other by-product resulting from the operation of a sewage disposal system, and may construct, maintain, and operate such pipelines and other works as are necessary for that purpose.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12808.

12808. A district may construct works across or along any street or public highway, or over any of the lands which are the property of the State, and it shall have the same rights and privileges appertaining thereto as are granted to municipalities within the State. The district shall restore any such street or highway to its former state as near as may be, and in compliance with local ordinances, and shall not use it in a manner to unnecessarily impair its usefulness. A district may also construct its works across any stream or watercourse.
(Amended by Stats. 1953, Ch. 1260.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12809.

12809. The rates and charges for commodities or service furnished by a district shall be fixed by the board. As far as possible utilities shall be self-supporting but the board is not required to fix a rate which in its opinion is unreasonably high, nor to cover by rates large expenditures and the interest thereon required for future needs and developments.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12810.

12810. The board may provide that rates, tolls, and charges for any sewage disposal enterprise or service may be collected with the rates, tolls, and charges for any water or other utility service rendered by the district, and that all rates may be billed upon the same bill and collected as one item. If charges for water and sewage disposal service are billed upon the same bill the district may discontinue water service in the event of failure to pay the whole or any part of the bill.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12811.

12811. The board may provide for the collection of fees, tolls, rates, rentals, or other charges in any lawful manner and may provide for collection by action at law, and all remedies for the collection and enforcement thereof are cumulative and may be pursued alternatively or consecutively as the board determines. In addition to the amount of the fees, tolls, rates, rentals, or other charges, the board may provide for a penalty of not more than 10 percent or interest at the prevailing prime interest rate, but not to exceed 1
1
/
2
percent per month, or both, in the event of nonpayment within the time and in the manner prescribed by the board, and may provide for collection of the penalty and interest.
(Amended by Stats. 1986, Ch. 589, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12811.2.

12811.2. (a) Notwithstanding any other provision of law, a district may establish a temporary relief program for assistance to needy customers of the district who are financially unable to pay in full bills for services furnished by the district within the normal period for payment thereof, and may expend funds, enter into contracts, and cooperate with and accept cooperation from any state or local public agency or private nonprofit organization in the implementation of such a program.
(b) As used in this section, “needy” means either of the following:
(1) A household with an income which does not exceed the greater of either (A) an amount equal to 150 percent of the poverty level of this state, as determined pursuant to paragraph (2) of subdivision (e) of Section 16367.5 of the Government Code, or (B) an amount equal to 60 percent of the state median income.
(2) A household with an income which meets guidelines for existing public assistance programs funded by the federal government.
(Added by Stats. 1986, Ch. 316, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12812.

12812. The board may apportion all or a portion of the expenses of operation and maintenance of any sewage disposal facilities constructed by the district, and the interest on any bonds issued therefor, among the public agencies whose sewers are connected with district facilities. The board shall establish rules for determining the apportionment, which among other things shall be based on the quantity, quality, or characteristics of the sewage delivered by each public agency.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12813.

12813. Notwithstanding any of the provisions of this article, the board may, in its discretion, finance any sewage disposal or solid waste resource recovery enterprise, the interest on and retirement of any bonded indebtedness therefor, and provide for the maintenance and operation thereof entirely by the levy and collection of taxes upon the property within the special district for which the enterprise is constructed or operated, or by rates and charges imposed upon the users of the facilities of the enterprise, or by both taxes, rates, and charges, apportionment of expenses among public agencies served, or any combination of the foregoing.
(Amended by Stats. 1977, Ch. 128.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12814.

12814. A district may add fluorine or fluorine compounds to the water supply of the district only if the voters of the district have approved the addition of the fluorine and fluorine compounds to the water supply. If a majority of the voters of a district voting upon the proposition at an election called and held as prescribed in Section 12815 have voted in favor of the addition of fluorine and fluorine compounds to the water supply of the district, the district shall, subject to Article 1 (commencing with Section 116275), of Chapter 4 of Part 12 of Division 104 of, and Sections 116325, 116340, 116345, and 116500 of, the Health and Safety Code, add to water intended for consumption or use by the public, including domestic, industrial, and other uses, fluorine and fluorine compounds.
(Amended by Stats. 1996, Ch. 1023, Sec. 411. Effective September 29, 1996.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.

12815. The board may call a special election at any time for the purpose of submitting to the voters of the district the proposition as to whether or not the voters approve the addition of fluorine and fluorine compounds to the public water supply of the district. The ordinance calling an election shall fix the date on which the election shall be held, the wording of the proposition and the manner of holding the election and of voting for or against the proposition. The election shall be consolidated, in the manner provided in Section 13209, with a statewide primary or general election. The ordinance shall be published. Another election in the district on the same or substantially the same proposition shall not be called by the board, pursuant to this section or Section 12815.1, within four years after such election.
(Amended by Stats. 1979, Ch. 1098.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.1.

12815.1. The board shall adopt an ordinance, in accordance with Section 12815, calling an election for the purpose of submitting to the voters of the district the proposition as to whether or not the voters approve the addition of fluorine and fluorine compounds to the public water supply of the district, when a petition for the election has been filed with, and certified as sufficient by, the secretary of the district. The election shall be conducted in accordance with Section 12815. Petitions meeting the requirements of Sections 12814 to 12816, inclusive, shall be in lieu of the initiative procedure provided by Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code.
(Amended by Stats. 1994, Ch. 923, Sec. 183. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.3.

12815.3. Before circulating the petition, its proponents shall publish a notice of intention to do so. The notice shall be accompanied by a printed statement, not exceeding 500 words in length, stating the reasons for the petition. The notice and statement shall be published at least once in a newspaper of general circulation which is published in the district.
Within 10 days after notice is published, the proponents shall file a copy of such notice and the accompanying statement, and an affidavit as to the publishing thereof, with the secretary. The petition may be circulated among the voters of the district twenty-one days after notice is published. The petition shall bear a copy of the printed notice of intention and its accompanying statement. Signatures shall be secured and the petition shall be presented to the secretary for filing within 180 days from the date of the first publication of the notice of intention.
(Added by Stats. 1979, Ch. 1098.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.4.

12815.4. The petition shall declare that the public interest or necessity demands that a special election be called by the board of directors for the purpose of submitting to the voters of the district the proposition as to whether or not the voters approve the addition of fluorine and fluorine compounds to the public water supply of the district. The petition may be presented in sections, but each section shall contain a declaration of public interest or necessity, and shall have attached thereto an affidavit substantially in the same form as set forth in Section 9022 of the Elections Code. In addition, each section shall be designed as set forth in Section 9020 of the Elections Code.
(Amended by Stats. 1994, Ch. 923, Sec. 184. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.5.

12815.5. Any registered voter who is a resident of the district may circulate the petition anywhere within the district. Each section of the petition shall bear the name of a county, and only registered voters of that county shall sign such section.
(Added by Stats. 1979, Ch. 1098.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.6.

12815.6. The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by the proponents. All sections of the petition shall be filed at one time. When the petition is presented for filing, the secretary shall determine the total number of signatures affixed to the petition. If, from this examination, the secretary determines that the petition has been signed by at least 5 percent of the registered voters in the district, then the secretary shall accept the petition for filing. The petition shall be deemed as filed on that date. Any sections of the petition not so filed shall be void for all purposes.
(Added by Stats. 1979, Ch. 1098, Sec. 7.5.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.7.

12815.7. If the petition contains more than 500 signatures, the secretary shall, within 30 days from the date such petition is filed, verify such signatures by means of a random sampling. The random sample of signatures shall be drawn in such a manner that every signature filed with the secretary is given an equal opportunity to be included in the sample. Such a random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
If the projection made from the random sampling as to signature validity shows the number of valid signatures as between 90 and 110 percent of the signatures needed to declare the petition sufficient, the secretary shall examine and verify each signature filed.
(Added by Stats. 1979, Ch. 1098.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.8.

12815.8. In determining valid signatures from voter registration records, the secretary may use the duplicate file of affidavits or may check the signatures against facsimiles of voter signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(Added by Stats. 1979, Ch. 1098.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.85.

12815.85. The secretary shall attach to the petition, a certificate showing the result of the signature examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(Added by Stats. 1979, Ch. 1098.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12815.9.

12815.9. If the petition is found insufficient, no action shall be taken on it. However, the failure to secure sufficient signatures shall not preclude the later filing of a new petition to the same effect.
If the petition is found to be sufficient, the secretary shall certify the results of the signature examination to the board at its next regular meeting.
(Added by Stats. 1979, Ch. 1098.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12816.

12816. (a) At least 90 days prior to the election provided for in Sections 12815 and 12815.1, notice of the election shall be published within the district. Any voter or group of voters may prepare and file with the county elections official of the county containing the largest number of voters within the district an argument for or against the proposition to be submitted. The argument shall not be greater than 300 words in length. If more than one argument for or more than one argument against the proposition is filed within the time permitted the county elections official shall select one of the arguments for printing. No more than three signatures shall appear with any argument. The county elections official of each county in the district shall mail, or cause to be mailed, to each registered voter in that county in the district one copy of the argument for and one copy of the argument against the proposition. The arguments shall be mailed with the sample ballot.
(b) Based on the time reasonably necessary to prepare and print the arguments and sample ballots for the particular election, the county elections official shall fix and determine a reasonable date prior to the election after which no arguments for or against the proposition may be submitted for printing and distribution to the voters as provided in this section. Notice of the date fixed shall be published by the county elections official pursuant to Section 6061 of the Government Code. Arguments may be changed up to and including the date fixed by the county elections official.
(Amended by Stats. 2002, Ch. 221, Sec. 85. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12817.

12817. A district may, through contract or otherwise, construct, maintain, improve and operate public recreational facilities appurtenant to any water reservoir owned or operated by the district, and the district may expend funds on such public recreational facilities.
(Amended by Stats. 1967, Ch. 337.)
2023 California Code › Public Utilities Code - PUC › DIVISION 6 - MUNICIPAL UTILITY DISTRICT ACT › CHAPTER 6 - Powers and Functions of District › ARTICLE 5 - Utility Works and Service › Section 12818.

12818. (a) No publicly owned utility shall commence the distribution or sale of water for municipal, domestic, industrial or similar purposes for, on, or to, any land within a district already engaged in similar distribution or sale of water and which land is already subject to the lien of a general obligation bonded indebtedness of the district for these purposes. However, a publicly owned utility may commence to provide the service to the land, otherwise prohibited, upon either of the following conditions:
(1) If the board of directors of the district shall by resolution permit the service.
(2) In any portion of the district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein exceeds 200, and in which at least two-thirds of the voters shall have voted at a special district election to permit the service. The election shall be called and held as an initiative measure pursuant to Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code.
(b) As used in this section, “district” shall mean only a municipal utility district.
(Amended by Stats. 1994, Ch. 923, Sec. 185. Effective January 1, 1995.)