reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6003.

6003. No clause or condition of any kind shall be inserted in any franchise or grant offered or sold under the terms of this article which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale, which shall in anywise favor one person, firm, or corporation, as against another, in bidding for the purchase thereof.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6004.

6004. An applicant for a franchise or privilege shall file with the governing or legislative body of the county or municipality an application, and thereupon that body shall, in its discretion, advertise the fact of the application, together with a statement that it is proposed to grant the franchise or privilege, in one or more newpapers of the county, city and county, or city wherein the franchise or privilege is to be exercised.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6005.

6005. The advertisement shall state that bids will be received for the franchise and that it will be awarded to the highest bidder. The advertisement shall be published once a day for 10 successive days, or as often during that period as the paper is published, if it is a daily newspaper. If there is no daily newspaper published in the county, city and county, or city, it shall be published in a weekly newspaper once a week for four successive weeks. In either case the full publication shall be completed not less than 20 nor more than 30 days before any further action can be taken thereon.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6006.

6006. The publication shall state the character of the franchise or privilege proposed to be granted, the term for which it is granted, and, if it is for a street railroad, the route to be traversed; that sealed bids therefor will be received up to a certain hour and day named therein, and that the successful bidder and his assigns shall during the life of the franchise pay to the county or municipality two percent (2%) of the gross annual receipts of the grantee arising from the use, operation, or possession of the franchise.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6007.

6007. The advertisement shall also contain a statement that the franchise will be struck off, sold, and awarded to the person, firm, or corporation making the highest cash bid therefor; that at the time of the opening of the bids any responsible person, firm, or corporation present or represented may bid for the franchise or privilege a sum not less than 10 percent above the highest sealed bid therefor, and the bid so made may be raised not less than 10 percent by any other responsible bidder and the bidding may so continue until the franchise is finally struck off, sold, and awarded to the highest bidder therefor in lawful money of the United States.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6008.

6008. Each sealed bid shall be accompanied with cash or a certified check payable to the treasurer of the county or municipality for the full amount of the bid, and no sealed bid shall be considered unless the cash or check is enclosed therewith. The successful bidder shall deposit at least 10 percent of the amount of his bid with the clerk of the county or municipality before the franchise is struck off to him. If he fails to make the deposit immediately his bid shall not be received, and is void, and the franchise shall then and there be again offered for sale to the bidder who makes the highest cash bid therefor, subject to the same conditions as to deposit. This procedure shall be had until the franchise is struck off, sold, and awarded to a bidder who makes the necessary deposit of at least 10 percent of the amount of his bid.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6009.

6009. The successful bidder shall deposit with the clerk of the county or municipality, within 24 hours of the acceptance of his bid, the remaining 90 percent of the amount thereof. If the bidder fails to deposit with the clerk of the county or municipality the remaining 90 percent of his bid within 24 hours after its acceptance, the award to him of the franchise shall be set aside, the deposit made by him shall be forfeited, and no further proceedings for a sale of the franchise shall be had unless it is readvertised and again offered for sale in the manner provided in this article.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6010.

6010. (a) The advertisement may also contain a statement that the successful bidder for any franchise or privilege struck off, sold, and awarded under this article shall file a bond running to the county, city and county, or city, approved by the governing body. The advertisement may require a bond executed by an admitted surety insurer. The bond shall be in a penal sum prescribed by the governing body and set forth in the advertisement for bids, and conditioned that the bidder shall well and truly observe, fulfill, and perform each term and condition of the franchise, and that in case of any breach of condition of the bond, the whole amount of the penal sum therein named shall be deemed to be liquidated damages.
(b) The bond if required shall be filed with the governing body within the time specified in the advertisement and if no time is specified within five days after the franchise is awarded. The franchise shall be granted by ordinance to the person, firm, or corporation to whom it has been struck off, sold or awarded. If the bond is not filed within the time required, the award of the franchise may be set aside at any time prior to the filing and, if set aside, any money paid for the franchise shall be forfeited, and if an ordinance has been enacted granting the franchise, the governing or legislative body may repeal the ordinance and the franchise shall, in the discretion of the governing or legislative body, be readvertised and again offered for sale in the same manner and under the same restrictions, as provided in this article.
(Amended by Stats. 1982, Ch. 517, Sec. 357.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6010.1.

6010.1. Notwithstanding any other provision of this article, any franchise heretofore or hereafter granted shall not be invalid or subject to revocation because the bond required by law at the time of the award of such franchise shall not have been filed within the time then prescribed, provided the bond is filed prior to the setting aside of the award or, as the case may be, the repeal of the ordinance granting such franchise.
(Added by Stats. 1955, Ch. 286.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6011.

6011. If the franchise is a renewal of a right already in existence, payment of the percentage of gross receipts shall begin at once upon the granting of the franchise. If the franchise is not a renewal of a right already in existence, no percentage shall be paid for the first five (5) years succeeding the date of the franchise, but thereafter the percentage shall be payable annually. If payment is not made, the franchise shall be forfeited.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6012.

6012. If the franchise granted is an extension of an existing street railroad system, the gross receipts shall be estimated to be one-half of the proportion of the total gross receipts of the system which the mileage of this extension bears to the total mileage of the whole system. This estimate is conclusive as to the amount of the gross receipts of the extension.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6013.

6013. Work to erect or lay telegraph or telephone wires, to construct street or interurban railroads, to lay gas pipes for the purpose of carrying gas for light, heat, or power, to erect poles or wires for transmitting electricity for light, heat, or power, along or upon any public street or highway, or to exercise any other privilege whatever, a franchise for which has been granted pursuant to this article, shall be commenced in good faith within not more than four months from the granting of the franchise. If not so commenced the franchise shall be declared forfeited.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6014.

6014. Work to construct street or interurban railroads shall be completed within not more than three years from the granting of the franchise, and if not so completed the franchise shall be forfeited. For good cause shown, the governing or legislative body may by resolution extend the time for completion, not exceeding three months.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6015.

6015. Work under any franchise other than for a street or interurban railroad shall be prosecuted diligently and in good faith so as to meet and fill the reasonable needs of the inhabitants of the territory for the service of which the franchise is granted.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6016.

6016. The Attorney General, upon the complaint of any county or municipality, or, in his discretion, upon the complaint of any taxpayer, shall sue for the forfeiture of any franchise granted under this article, for the noncompliance with any condition thereof.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 1 - Manner of Granting › Section 6017.

6017. Any member of a governing or legislative body of any county, city and county, or city, who, by his vote, violates or attempts to violate any of the provisions of this article is guilty of a misdemeanor and may be punished therefor as provided by law, and may be deprived of his office by the decree of a court of competent jurisdiction, after trial and conviction.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 2 - Transportation of Mail Carriers › Section 6041.

6041. In all cases where application is made to the governing or legislative body of a city or city and county for permission and authority to lay railroad tracks through streets or public highways of any city or city and county, the authorities before granting such permission and authority, in addition to the terms and restrictions which they are by law authorized to impose shall exact and require from the persons or corporation asking such permission and authority, as a condition precedent to the granting of permission, a satisfactory promise and undertaking to permit and allow mail carriers in the employ of the United States Government, at all times while engaged in the actual discharge of duty, to ride on the cars of such railroad without paying any sum of money whatever for fare or otherwise. All such permissions and franchises shall be subject to all other provisions of the laws of this State applicable to street railroads in general, and subject to regulations from city or city and county authorities.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 4 - Steam Heat Franchises › Section 6091.

6091. All cities and cities and counties are empowered to grant franchises for the laying of pipes in the streets, roads, avenues, alleys, and public highways therein, for carrying steam heat under high pressure to be used, distributed, and sold to the inhabitants thereof for heating purposes.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 1 - Franchise Provisions in General › ARTICLE 4 - Steam Heat Franchises › Section 6092.

6092. The granting of franchises under this article shall be pursuant to Article 1 of this chapter.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6201.

6201. This chapter may be cited as the Franchise Act of 1937.
(Enacted by Stats. 1951, Ch. 674.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6201.3.

6201.3. As used in this chapter, “industrial gas” means any substance which is in a gaseous state at ambient conditions of temperature and pressure used for commercial, industrial, or scientific purposes, but does not include any gaseous hydrocarbon used for light, heat, power, or feedstock.
(Added by Stats. 1984, Ch. 197, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6201.5.

6201.5. As used in this chapter, municipality includes counties, but no county shall grant a franchise pursuant to this chapter in any incorporated area.
(Added by Stats. 1971, Ch. 422.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6202.

6202. The legislative body of any municipality may grant a franchise to any person, firm, or corporation, whether operating under an existing franchise or not, to use, or to construct and use, poles, wires, conduits, and appurtenances for transmitting and distributing electricity for all purposes, or to use, or to lay and use, pipes and appurtenances for transmitting and distributing gas or industrial gas for all purposes, or to use, or to lay and use, pipes and appurtenances for transmitting and distributing oil or products thereof for all purposes, or to lay and use pipes, ditches, flumes, conduits, and appurtenances for transmitting and distributing water for all purposes, under, along, across, or upon the public streets, ways, alleys, and places within the municipality, upon the terms and conditions provided in this chapter.
(Amended by Stats. 1984, Ch. 197, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6203.

6203. The legislative body may in such a franchise impose such other and additional terms and conditions not in conflict with this chapter, whether governmental or contractual in character, as in the judgment of the legislative body are to the public interest.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6204.

6204. This chapter provides a procedure, alternative to the procedure provided in Article 1 of Chapter 1 of this division, for the granting of franchises by municipalities. When any proceeding is initiated under this chapter for the granting of a franchise, the provisions of this chapter exclusively govern the granting of such franchise.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6205.

6205. This chapter does not apply to any municipality having a freeholders’ charter adopted and ratified under the Constitution and having in such charter provisions for the issuance of franchises by the municipality, but nothing contained in this chapter shall restrict the right of any such chartered municipality to avail itself of the provisions of this chapter wherever it may lawfully do so. The provisions of this chapter relating to the payment of a percentage of gross receipts shall not be construed as a declaration of legislative judgment as to the proper compensation to be paid a chartered municipality for the right to exercise franchise privileges therein.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 1 - General Provisions › Section 6205.1.

6205.1. (a) Notwithstanding Section 6205, all franchises, licenses, permits, or other privileges granted to a public utility by any city, county, or city and county holding a freeholder’s charter containing provisions for the issuance of franchises, to use, or to construct or lay and use, under, along, across, or upon the public streets, ways, alleys, and places within the municipality, facilities which are part of a pipeline system transmitting oil or products thereof, shall be granted upon the terms and conditions provided in, and in accordance with, either this chapter or Chapter 1 (commencing with Section 6001).
(b) On and after January 1, 1990, the compensation to be paid for the franchises, licenses, permits, or other privileges granted by any city, county, or city and county, including those holding a freeholder’s charter, shall be as provided in Section 6231.5.
(c) It is the intent of the Legislature, in enacting this section, to preempt the ordinance of any chartered municipality insofar as that ordinance governs the granting of franchises to construct facilities which are part of a pipeline system transmitting oil or products thereof.
(Added by Stats. 1989, Ch. 1444, Sec. 3.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 2 - Manner of Granting › Section 6231.

6231. An applicant for a franchise shall file with the legislative body of the municipality in which the franchise is desired an application stating all of the following:
(a) The name of the applicant.
(b) The purpose and term, whether definite or indeterminate, for which the franchise is desired.
(c) That the applicant if granted the franchise will pay to the municipality during the life of the franchise 2 percent of the applicant’s gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than 1 percent of the applicant’s gross annual receipts derived from the sale within the limits of the municipality of the utility service for which the franchise is awarded. If the application is for a franchise complementary to a franchise derived under Section 19 of Article XI of the California Constitution as that section existed prior to its amendment on October 10, 1911, then the applicant shall pay annually, if the application is for an electric franchise, 2 percent of the applicant’s gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than one-half of 1 percent of the applicant’s gross annual receipts from the sale of electricity within the limits of the municipality under both the electric franchises; or, if the application is for a gas, oil pipeline, or water franchise, 2 percent of the applicant’s gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than 1 percent of the gross annual receipts from the sale of gas or water within the limits of the municipality under both the gas franchises or both the water franchises.
Notwithstanding any other provision of this section, if the application is for a franchise for a nonpublic utility pipeline for industrial gas or oil or products thereof, the application shall state that the applicant, if granted the franchise, will pay to the municipality during the life of the franchise either a specified percentage agreed to by the applicant and the municipality of the gross annual receipts of the applicant arising from the use, operation, or possession of the franchise or an annual franchise fee in an amount agreed to by the applicant and the municipality or an annual franchise fee computed by multiplying the sum of one-half cent ($0.005) times the nominal internal diameter of the pipe, expressed in inches, times the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality.
(Amended by Stats. 1984, Ch. 197, Sec. 3.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 2 - Manner of Granting › Section 6232.

6232. Upon receipt of the application the legislative body of the municipality may pass its resolution declaring its intention to grant the franchise applied for, stating the character of the franchise, setting forth a notice of the day, hour, and place when and where all persons having any objection to the granting thereof may appear before the legislative body and be heard thereon, and directing the clerk of the legislative body to publish the notice at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the municipality.
The time fixed for the hearing shall be not less than twenty (20) nor more than sixty (60) days after the date of the passage of the resolution.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 2 - Manner of Granting › Section 6233.

6233. The notice of the time and place of hearing objections shall state that the grantee of the franchise and its successors and assigns will, during the life of its franchise, pay to the municipality the percentage specified in its application, that the percentage will be paid annually from the date of the granting of the franchise, and in the event such payment is not made the franchise will be forfeited. The notice shall also designate the term, whether definite or indeterminate, for which the franchise is proposed to be granted.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 2 - Manner of Granting › Section 6234.

6234. At any time not later than the hour set for the hearing of objections, any person interested may make written protest stating objections against the granting of the franchise. The protest shall be signed by the protestant and be delivered to the clerk of the legislative body. At the time set for hearing objections the legislative body shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive, subject to the right of referendum of the people. The legislative body may adjourn the hearing from time to time.
If no protest in writing is delivered to the clerk up to the hour set for hearing, or such protests as are filed have been heard and determined by the legislative body to be insufficient, or have been overruled or denied, the legislative body may grant the franchise. The franchise shall be granted by ordinance adopted in the manner prescribed by law for the enactment of ordinances by the granting body.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 2 - Manner of Granting › Section 6235.

6235. A franchise granted under this chapter does not become effective until the grantee files written acceptance thereof with the clerk of the granting municipality. When so filed the acceptance constitutes a continuing agreement by the grantee that if and when the granting municipality thereafter annexes, or consolidates with, additional territory, all franchises, rights and privileges owned by the grantee therein, except a franchise derived under Section 19 of Article XI of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911, shall be deemed abandoned within the limits of the additional territory.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 3 - Scope of Franchise › Section 6261.

6261. Any franchise granted under this chapter with respect to a given utility service is in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for transmitting and distributing the utility service within the limits of the municipality as such limits exist at the time of the granting of the franchise or as they may thereafter exist except any franchise derived under Section 19 of Article XI of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any such franchise granted under this chapter shall operate as an abandonment of all such franchises, rights, and privileges within the limits of such municipality as such limits at any time exist, in lieu of which the franchise is granted under this chapter.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 3 - Scope of Franchise › Section 6262.

6262. No franchise granted under this chapter in any way impairs or affects the right of the granting municipality to acquire the property of the grantee by purchase or condemnation, and nothing contained in such a franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the municipality’s right of eminent domain in respect to any public utility.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 3 - Scope of Franchise › Section 6263.

6263. No franchise granted under this chapter shall ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the municipality therefor at the time of acquisition.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 3 - Scope of Franchise › Section 6264.

6264. Every franchise granted pursuant to this chapter, except when a definite term therefor is specified in the ordinance granting it, is indeterminate, that is to say, every such franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission, it is voluntarily surrendered or abandoned by its possessor, or until the State or some municipal or public corporation purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situate within the territorial limits of the State, municipal, or public corporation purchasing or condemning such property, or until the franchise is forfeited for noncompliance with its terms by the possessor thereof.
(Amended by Stats. 1951, Ch. 817.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 3 - Scope of Franchise › Section 6265.

6265. Every gas franchise granted pursuant to this chapter confers upon the grantee the right to use, or to lay and use, gas pipes and appurtenances for the purpose of transmitting and distributing gas; every oil franchise so granted confers upon the grantee thereof the right to use, or lay and use, oil pipes and appurtenances for the purpose of transmitting and distributing oil or products thereof; every industrial gas franchise so granted confers upon the grantee the right to use, or lay and use, industrial gas pipelines and appurtenances for the purpose of transmitting and distributing industrial gas; every water franchise so granted confers upon the grantee thereof the right to use, or to lay and use, pipes, ditches, flumes, conduits, and appurtenances for the purpose of transmitting and distributing water; and every electric franchise so granted confers upon the grantee thereof the right to use, or to construct and use, poles, wires or conduits and appurtenances for the purpose of transmitting and distributing electricity for all purposes, under, along, across, or upon the public streets, ways, alleys, and places as they now or hereafter exist within the municipality.
(Amended by Stats. 1984, Ch. 197, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6291.

6291. If the grantee of any franchise granted under this chapter fails, neglects or refuses to comply with any of the provisions or conditions prescribed in this chapter, and does not within ten (10) days after written demand for compliance begin the work of compliance, or after such beginning does not prosecute the work with due diligence to completion, the municipality, by its legislative body, may declare the franchise forfeited.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6292.

6292. Any municipality may sue in its own name for the forfeiture of any franchise granted pursuant to this chapter, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6293.

6293. The grantee shall pay to the municipality a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of the franchise. Such payment shall be made within thirty (30) days after the municipality furnishes the grantee with a written statement of the expenses.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6294.

6294. The grantee of a franchise under this chapter shall construct, install, and maintain all pipes, conduits, poles, wires, and appurtenances in accordance and in conformity with all of the ordinances and rules adopted by the legislative body of the municipality in the exercise of its police powers and not in conflict with the paramount authority of the State, and, as to state highways, subject to the laws relating to the location and maintenance of such facilities therein.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6295.

6295. The grantee shall pay to the municipality on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under the franchise.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6296.

6296. The grantee shall indemnify and hold harmless the municipality and its officers from all liability for damages proximately resulting from any operations under the franchise.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6297.

6297. The grantee shall remove or relocate without expense to the municipality any facilities installed, used, and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct, by the municipality.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6298.

6298. The grantee shall file with the legislative body of the municipality within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6299.

6299. The grantee shall file with the clerk of the municipality, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of the grantee, its successors, or assigns during the preceding calendar year or fractional calendar year from the sale of the utility service for which the franchise was granted.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6300.

6300. The grantee shall pay to the municipality within fifteen (15) days after the time for filing its statement of gross receipts, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year or fractional calendar year covered by the statement. Any neglect, omission, or refusal by the grantee to file the verified statement, or to pay the percentage at the times or in the manner provided constitutes grounds for the declaration of a forfeiture of the franchise and of all rights thereunder.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6301.

6301. (a) The grantee of a franchise under this chapter may be required to file a bond running to the municipality approved by the legislative body, in a penal sum prescribed by the legislative body and set forth in the resolution of intention to grant the franchise, conditioned that the grantee shall well and truly observe, fulfill, and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein named shall be recoverable.
(b) The bond, if required by the legislative body, shall be filed with the legislative body within five days after the date of the granting of the franchise. If the bond is not so filed, or does not receive the approval of the legislative body, the franchise may be refused or forfeited and any money paid to the municipality in connection therewith shall be retained by the municipality.
(Amended by Stats. 1982, Ch. 517, Sec. 359.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2 - Gas, Oil, Electric, and Water Franchises by Municipalities › ARTICLE 4 - Duties and Liabilities of Grantee › Section 6302.

6302. The grantee of a franchise under this chapter shall be liable to the granting municipality for all damages proximately resulting from the failure of the grantee well and faithfully to observe and perform any provision of the franchise and any provision of this chapter.
(Enacted by Stats. 1951, Ch. 764.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2.5 - Municipal Public Lands Use Surcharge › ARTICLE 1 - Intent › Section 6350.

6350. There is hereby created a surcharge to be applied to natural gas and electricity transported over utility and nonutility transmission or distribution systems, or both, constructed under, along, across, or upon the public streets, ways, alleys, and places within a municipality, to replace, but not increase, franchise fees that would have been collected pursuant to this division if not for changes in the regulatory environment such as the “unbundling” of the gas industry.
(Added by Stats. 1993, Ch. 233, Sec. 2. Effective August 2, 1993.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2.5 - Municipal Public Lands Use Surcharge › ARTICLE 2 - Definitions › Section 6351.

6351. As used in this chapter:
(a) “Municipality” includes counties.
(b) “Energy transporter” means and includes every utility and nonutility owner or operator, or both, of a natural gas or electric transmission or distribution system, or both, subject to a franchise agreement executed pursuant to this division, provided that proprietary gas pipelines whose franchise fees are set forth in Article 2 (commencing with Section 6231) of Chapter 2 shall not be covered by this chapter.
(c) “Transportation customer” means every person, firm, or corporation, other than the State of California or a political subdivision thereof, transporting gas or electricity on an energy transporter’s transmission or distribution system, or both, when the gas or electricity was purchased by the transportation customer from a third party. Transportation customer shall not include one gas utility transporting gas, for end use in its commission designated service area through another gas utility’s service area, nor shall transportation customer include a utility transporting its own gas through its own gas transmission or distribution system, or both, for purposes of generating electricity or for use in its own operations. In addition, “transportation customer” shall not include a cogeneration or nonutility generation facility when the facility transports electricity through its own electric transmission or distribution system or otherwise delivers electricity in the manner described in Section 218.
(d) “Surcharge” means a municipal surcharge for the use of public lands by a transportation customer as defined in subdivision (c).
(Amended by Stats. 1997, Ch. 487, Sec. 1. Effective January 1, 1998.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2.5 - Municipal Public Lands Use Surcharge › ARTICLE 3 - Surcharge › Section 6352.

6352. (a) Notwithstanding any other provision of law, a transportation customer who receives transportation service on a natural gas or electric transmission or distribution system, or both, subject to a franchise agreement executed pursuant to this division from an energy transporter shall be subject to a surcharge as defined in Section 6353. Notwithstanding any other provision of this chapter, no county shall impose a surcharge pursuant to this chapter in an incorporated area.
(b) Notwithstanding subdivision (a), the surcharge assessed for gas used to generate electricity by a nonutility facility shall be the same as the surcharge assessed for gas used to generate electricity by the electric utility for that quantity of gas described in Section 454.4. The surcharge amount for electricity shall not apply to the sale of electricity from a cogeneration or nonutility facility to an entity for resale to a retail customer.
(c) Nothing in this chapter permits a municipality to recover surcharges imposed pursuant to this chapter on the commodity cost of gas or electricity transported for transportation customers in addition to franchise fees calculated on the imputed value of the same quantities of gas or electricity. If a municipality has a franchise agreement with an energy transporter that requires the energy transporter to pay a franchise fee based upon an imputed value for the commodity cost of gas or electricity transported but not sold by the energy transporter, the energy transporter may apply the surcharge imposed by this chapter toward the amount of the franchise fee due under the franchise agreement.
(d) Nothing in this chapter shall in any way affect the rights of the parties to existing franchise agreements executed pursuant to this division that are in force on the effective date of this chapter.
(e) Notwithstanding subdivision (a), the surcharge shall not apply to corporations transporting natural gas pursuant to a “gas transportation only” agreement in effect prior to January 1, 1986.
(f) Notwithstanding subdivision (a), an energy transporter of gas that is required to obtain a franchise agreement with a municipality, and that is subject to the jurisdiction of the Federal Energy Regulatory Commission, shall not be required to collect the surcharge imposed by this chapter, but shall be required to negotiate with the municipality under the provisions of this division, franchise fees that recover amounts equivalent to those amounts that would otherwise have been recovered pursuant to this chapter.
(Amended by Stats. 1997, Ch. 487, Sec. 2. Effective January 1, 1998.)
2023 California Code › Public Utilities Code - PUC › DIVISION 3 - PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS › CHAPTER 2.5 - Municipal Public Lands Use Surcharge › ARTICLE 3 - Surcharge › Section 6353.

6353. For purpose of calculating the surcharge required in Section 6352, the energy transporter shall do all of the following:
(a) For each transportation customer, determine the volume of transported gas or electricity, in therms or kilowatt hours respectively, subject to the surcharge.
(b) Determine the weighted average cost of the energy transporter’s gas or electricity. For gas, the energy transporter shall use its tariffed core subscription weighted average cost of gas (WACOG) exclusive of any California sourced franchise fee factor. For electricity, the energy transporter shall use that portion of the otherwise applicable utility rate or charge which, pursuant to commissioner order, is removed from the bill of a retail electric customer who has elected direct access to reflect the fact that the customer is purchasing energy from a nonutility provider exclusive of any California sourced franchise fee factor. For an energy transporter that does not provide gas or electricity at a commission tariffed rate, the energy transporter shall use the equivalent tariffed rate of the commission regulated energy transporter operating in the same service area.
(c) Determine a product for each transportation customer by multiplying the volume determined pursuant to subdivision (a) by the weighted average cost determined pursuant to subdivision (b).
(d) Determine the surcharge applicable to each transportation customer by multiplying the product determined pursuant to subdivision (c) by the sum of the franchise fee factor plus any franchise fee surcharge authorized for the energy transporter as approved by the commission in the energy transporter’s most recent proceeding in which those factors and surcharges were set. An energy transporter not regulated by the commission shall multiply the product determined in subdivision (c) by the franchise fee rate contained in its individual franchise agreement in effect in each municipality.
(e) The surcharge assessed pursuant to this chapter only applies to the end use point.
(Amended by Stats. 1998, Ch. 485, Sec. 138. Effective January 1, 1999.)