SECTIONS 16461-16489 - California Statutes

PUBLIC UTILITIES CODE

SECTION 16461-16489

16461. A district may acquire, construct, own, operate, control, or
use, within or without or partly within and partly without the
district, works for supplying its inhabitants with light, water,
power, heat, transportation, telephone service, or other means of
communication, or means for the disposition of garbage, sewage, or
refuse matter, and may do all things necessary or convenient to the
full exercise of the powers granted in this article.

16461.5. (a) The Shasta Dam Area Public Utility District may
construct those public works necessary for the industrial and
commercial development of any undeveloped property owned by the
district prior to January 12, 1990. A decision by the Shasta Dam Area
Public Utility District to construct public works pursuant to this
section is a legislative act subject to referendum pursuant to
Article 2 (commencing with Section 9340) of Chapter 4 of Division 9
of the Elections Code. The improvements shall comply with all of the
ordinances, resolutions, policies, and other standards of the city or
county in which the property is located, and comply with all state
laws governing public works and public agencies.
(b) Any contract awarded by the Shasta Dam Area Public Utility
District pursuant to this section shall be considered a public works
project subject to Chapter 1 (commencing with Section 1720) of Part 7
of Division 2 of the Labor Code.
(c) None of the costs for public works constructed pursuant to
this section shall be borne by Shasta Dam Area Public Utility
District customers.

16462. A district may also purchase any of such commodities or
services from any other utility district, municipality, person, or
private company, and distribute them.

16463. A district may acquire, construct, own, complete, use, and
operate a fire department, street lighting system, public parks,
public playgrounds, golf courses, public swimming pools, public
recreation buildings, buildings to be used for public purposes, and
works to provide for the drainage of roads, streets, and public
places, including, but not limited to, curbs, gutters, sidewalks, and
pavement of streets. For purposes of this division, all of those
projects shall be considered a public utility or public utility
works.

16463.5. (a) A district may exercise any of the powers, functions,
and duties which are vested in, or imposed upon, a fire protection
district pursuant to the Fire Protection District Law of 1987, Part 3
(commencing with Section 13800) of Division 12 of the Health and
Safety Code.
(b) If the district includes any part of a local agency which
provides fire protection service to any territory in the district,
the district shall have no authority regarding the prevention and
suppression of fires in that territory, unless the district has
obtained the consent of the local agency.

16464. A district may construct works across or along any street or
public highway, or over any land which is the property of the state,
and has the same rights and privileges appertaining thereto as are
granted to cities within the state.

16465. A district may construct its works across any stream of
water or watercourse.

16466. A district using a street or highway shall restore it to its
former state as nearly as possible and shall not unnecessarily
impair its usefulness.

16467. Only revenue producing utilities shall be acquired, owned,
or operated by a district. So far as possible the board shall fix
such charges for commodities or service furnished by any revenue
producing utility as will pay all of the expenses of the government
of the district, or such portion as the board determines justly
apportionable to such utility. The expenses to be paid include:
(a) Salaries, office expenses, and other necessary disbursements.
(b) The operating expenses of the utility.
(c) The interest on any indebtedness incurred for the acquisition,
construction, and completion of the utility.
(d) Provisions for a sinking or other appropriate fund for the
payment of the principal of such debt as it becomes due.
(e) Provisions for an appropriate fund for repairs, replacements,
and betterments.
It is the intention of this section that a district pay all of
such charges and expenditures and the interest and principal of its
debt from the revenues derived by the district from the operation of
its public utilities, and that each public utility owned and operated
by a district shall be self-sustaining.

16467.1. Notwithstanding the provisions of Section 16467 of this
code, fire departments, street lighting systems, public parks, public
playgrounds, public swimming pools, public recreation buildings,
buildings used for a public purpose, and works to provide for the
drainage of roads, streets, and public places, including, but not
limited to, curbs, gutters, sidewalks, and pavement of streets need
not be operated on a self-sustaining, revenue-producing basis.
Revenue to defray the cost of acquiring, constructing, installing,
maintaining, improving, and operating such utilities and to pay the
principal and interest and to create reserve and sinking funds on any
indebtedness incurred in connection therewith, may be raised in any
manner authorized by this division.

16468. Charges fixed by the board for commodities or services
furnished may be made payable in advance.

16469. (a) Except as provided in subdivision (b), charges unpaid at
the time specified for the fixing of the rate of taxes may be added
to and become part of the annual assessment levied upon the land upon
which the commodity or service was used if the property is owned,
controlled, or in the possession of the same person who owned,
controlled, or was in possession of it during the time the service
charges were incurred or if the only transfers made of the property
since the date the charges were incurred have been transfers by gift,
descent, bequest, or devise.
(b) No district furnishing water for residential use to a tenant
shall seek to recover any charges or penalties for the furnishing of
water to or for the tenant's residential use from any subsequent
tenant on account of nonpayment of charges by a previous tenant. The
district may, however, require that service to subsequent tenants be
furnished on the account of the landlord or property owner.

16470. Charges added to an assessment are a lien on the land,
except that if, during the year preceding the date on which the first
installment of real property taxes which evidence the charges
appears on the roll, any real property to which such lien would
attach has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for value has been
created and attaches thereon, then the lien which would otherwise be
imposed by this section shall not attach to such property and the
district shall within three years after the amount is due file for
record in the office of any county recorder a certificate specifying
the amount, interest, and penalty due, the name and address as it
appears on the records of the district of the person liable for the
same, and the fact that the district has complied with all provisions
of this part in the determination of the amount required to be paid.
From the time of recordation of the certificate, the amount required
to be paid together with interest and penalty constitutes a lien
upon all real property in the county owned by the person or
afterwards and before the lien expires acquired by him. The lien has
the force, effect, and priority of a judgment lien and shall continue
for 10 years from the time of the filing of the certificate unless
sooner released or otherwise discharged. The lien may, within 10
years from the date of the filing of the certificate or within 10
years from the date of the last extension of the lien in the manner
herein provided, be extended by filing for record a new certificate
in the office of the county recorder of any county and from the time
of such filing the lien shall be extended to the real property in
such county for 10 years unless sooner released or otherwise
discharged.

16471. If the assessment is divided and made payable in two
installments, the unpaid charges may be added to and become a part of
the first installment of the assessment.

16472. When the board declares that charges are to be added to the
annual assessment and the district is availing itself of assessments
made by the assessor of any county in which the district is situated,
the board shall include in the statement of the tax rate to be
transmitted to the county auditor the amount of each of the charges
to be levied, and the auditor shall make the charges a part of the
assessment in accordance with the statement.

16472.1. (a) Notwithstanding Sections 16469 to 16472, inclusive,
and as an alternative to the procedures specified in those sections,
a district may provide by resolution or ordinance that delinquent
water charges and interest and penalties thereon constitute a lien on
the real property served to the extent that the property is owned by
the person or entity receiving the service, when a certificate is
recorded pursuant to this section, which shall continue in effect
until the amount of charges, interest, and penalties are paid or the
property is sold to satisfy the charges, interest, and penalties. No
lien may be created under this section on any publicly owned
property.
(b) A lien pursuant to this section attaches when the district
files for record in the office of the county recorder a certificate
specifying the amount of charges, interest, and penalties due; the
name of the owner of record of the property who received the water
service; the legal description of the property served; and the fact
that the district has complied with all provisions of this part in
the determination of the charges, interest, and penalties due. From
the time of recordation of the certificate, the charges, interest,
and penalties constitute a lien on the property. Within 30 days of
receipt of payment of all costs specified in subdivision (a), or
within 30 days of a demand by an escrow agent in the event of a
voluntary sale, the district shall record in the office of the county
recorder a release of the lien created by this section.
(c) The county recorder shall charge the district the fees
specified in Sections 27361 and 27361.4 of the Government Code for
recording any certificate pursuant to subdivision (b), which
certificate shall be indexed to the name of the property owner as
grantor and the district as grantee.
(d) This section is in addition to any other remedies available to
a district.

16472.5. (a) In order to enforce the provisions of any ordinance of
the district, including an ordinance fixing charges for the
furnishing of commodities or services, the district may correct any
violation of an ordinance of the district. The district may also
petition the superior court for the issuance of a preliminary or
permanent injunction, or both, as may be appropriate, restraining any
person from the continued violation of any ordinance of the district
or for the issuance of an order stopping or disconnecting a service
if the charges for that service are unpaid at the time specified in
the ordinance.
(b) The district may enter upon the private property of any person
within the jurisdiction of the district in order to investigate
possible violations of an ordinance of the district. The
investigation shall be made with the consent of the owner or tenant
of the property or, if consent is refused, with a warrant duly issued
pursuant to the procedures set forth in Title 13 (commencing with
Section 1822.50) of Part 3 of the Code of Civil Procedure, except
that, notwithstanding Section 1822.52 of the Code of Civil Procedure,
the warrant shall be issued only upon probable cause.

16473. Whenever there is a surplus of available water, light, heat,
or power above that which is required by the inhabitants or
municipalities within the district, the district may sell or
otherwise dispose of such surplus outside of the district to persons,
firms, and public or private corporations.

16474. Whenever any of the facilities, works, or utilities of all
or part of a district is not used or employed to its fullest capacity
for the benefit or requirements of the district or its inhabitants,
the district may employ such surplus facilities to supply any of its
public utility services outside the boundaries of the district upon
such terms and conditions and under such agreement as its board
determines is for the best interests of the district. Any public
utility service supplied by a district outside its boundaries shall
not exceed in amount the same type of public utility service supplied
by the district within its boundaries.

16475. (a) A public utility district which acquires, constructs,
owns, operates, controls or uses works for supplying its inhabitants
with water, may, pursuant to the notice, protest, and hearing
procedures in Section 53753 of the Government Code, fix and collect a
water standby or immediate availability charge on all land within
its boundaries to which water is made available for any purpose by
the district, whether the water is actually used or not, except that
such charge shall not supply to lands permanently dedicated
exclusively to transportation of persons or property. If the
procedures set forth in this section as it read at the time a standby
charge was established were followed, the district's board of
directors may, by resolution, continue the charge pursuant to this
section in successive years at the same rate. If new, increased, or
extended assessments are proposed, the district shall comply with the
notice, protest, and hearing procedures in Section 53753 of the
Government Code.
(b) The board of directors of the district which fixes such a
charge may establish schedules varying the charges in different
months and in different localities within a public utility district
depending upon factors such as the uses to which the land is put, the
cost of transporting the water to the land, the degree of
availability or quantity of use of such water to the affected lands.
The board may not, however, fix an annual charge in excess of ten
dollars ($10) per acre or in excess of five dollars ($5) for parcel
of less than one acre, unless the standby charge is imposed pursuant
to the Uniform Standby Charge Procedures Act (Chapter 12.4
(commencing with Section 54984) of Part 1 of Division 2 of Title 5 of
the Government Code).
(c) If a person for more than one year obtains substantially all
of his or her water requirements for the contiguous parcels of land
which he or she occupies from rainfall, springs, streams, lakes,
rivers, or wells, and if the person's primary economic activity on
such land is the commercial extraction or processing of minerals,
such land shall be exempt from any water standby or availability
charges.
(d) Any funds derived from the charges levied pursuant to this
section may be used by the district for all purposes which a public
utility district is authorized to expend funds insofar as said
purposes relate to the acquisition, construction, operation, control,
or use of works for supplying its inhabitants with water.

16476.1. (a) The Tahoe City Public Utility District may acquire,
construct, install, maintain, improve, or operate public walkways,
paths, sidewalks, trails, and public parking facilities if all of the
following conditions are met:
(1) The district board of directors passes an ordinance pursuant
to Sections 16072 to 16084, inclusive, authorizing the district to
exercise these powers.
(2) The Board of Supervisors of Placer County adopts a resolution
authorizing the district to exercise these powers.
(3) The improvements comply with all of the ordinances,
resolutions, policies, and other standards of the city or county in
which the property is located, and comply with all state laws
governing public works and public agencies.
(b) Notwithstanding Section 16467, the services, facilities, or
installations or operation thereof provided for in subdivision (a)
need not be financed on a revenue-producing basis. Revenue to defray
the cost of constructing, installing, maintaining, and operating the
facilities or services or to pay the principal and interest and to
create reserve and sinking funds on any indebtedness incurred in
connection therewith, may be raised in any manner authorized by this
division.
(c) Assessments levied to pay for the acquisition, construction,
installation, maintenance, improvement, or operation of public
walkways, paths, sidewalks, trails, and public parking facilities
pursuant to this section shall be subject to approval by a majority
vote of the property owners of the assessment district in which the
services, facilities, or installations are located.

16477. Notwithstanding Section 16475, the Board of Directors of the
Fallbrook Public Utility District may, pursuant to the notice,
protest, and hearing procedures in Section 53753 of the Government
Code, fix and collect an annual water standby or immediate
availability charge. The standby or immediate availability charge
shall not exceed thirty dollars ($30) per acre or any parcel of less
than one acre, unless the standby or immediate availability charge is
imposed pursuant to the Uniform Standby Charge Procedures Act
(Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2
of Title 5 of the Government Code).
The Legislature hereby finds and declares that this section,
applicable only to the Fallbrook Public Utility District, is
necessary because of the unique and special water management problems
within that district.

16478. The Board of Directors of the Tahoe City Public Utility
District, the Board of Directors of the South Tahoe Public Utility
District, and the Board of Directors of the North Tahoe Public
Utility District shall each have the authority to fix and collect an
annual standby charge for sewage service on all lands within the
district under its jurisdiction, in such amount as the board shall
specify, provided that such standby charge for sewage service shall
not exceed ten dollars ($10) per acre for parcels in excess of one
acre or twenty dollars ($20) per parcel for parcels less than one
acre, unless the standby charge is imposed pursuant to the Uniform
Standby Charge Procedures Act (Chapter 12.4 (commencing with Section
54984) of Part 1 of Division 2 of Title 5 of the Government Code).
The standby charge authorized by this section shall be imposed
only pursuant to the notice, protest, and hearing procedures in
Section 53753 of the Government Code. If the procedures set forth in
this section as it read at the time a standby charge was established
were followed, that charge pursuant to this section may be levied at
the same rate in subsequent years without the requirement of a
hearing, provided that if new, increased, or extended assessments are
proposed, the board of directors shall comply with the notice,
protest, and hearing procedures in Section 53753 of the Government
Code.
The Legislature hereby finds and declares that this section,
applicable only to the Tahoe City Public Utility District, the South
Tahoe Public Utility District, and the North Tahoe Public Utility
District is necessary because of the unique and special water
management, pollution, and sewage disposal problems of the Lake Tahoe
Basin.

16479. If the Board of Directors of the Tahoe City Public Utility
District or of the North Tahoe Public Utility District determines to
use all or any portion of a surplus remaining in the improvement fund
from any assessment proceeding to improve the sewer system within
district's jurisdiction in accordance with the provisions of
subdivision (c) of Section 10427 of the Streets and Highways Code,
all of the surpluses to be used for the maintenance of the
improvements may be transferred by the legislative body to a single
fund for the maintenance and operation of the sewer system without
regard to the proportion of the funds so created attributable to each
proceeding from which the surplus arose.
The board of directors shall transfer to such single fund the same
percentage of the surplus from each improvement fund. The fact that
in one or more of such improvement funds no surplus exists shall not
prevent the board of directors from proceeding pursuant to this
section as to all improvement funds in which a surplus does exist if
a surplus of no less than 2 1/2 percent of the total cost exists in
no less than 75 percent of such funds.
This section, applicable only to the Tahoe City Public Utility
District and the North Tahoe Public Utility District, is necessary
because of unique and special fiscal management problems of
improvement districts in the Lake Tahoe Basin.

16480. (a) Every district furnishing light, heat, or power shall
expend no funds for advertising when such advertising encourages
increased consumption of such services or commodities.
(b) Nothing in this section shall prohibit a district furnishing
light, heat, or power from expending funds for advertising which
encourages the more efficient operation of the facilities, works, or
utilities of the district, or for advertising which encourages the
more efficient use of light, heat, or power, the conservation of
energy or natural resources, or presents accurate information on the
economical purchase, maintenance, or use of any appliance or device
using light, heat, or power.

16480.5. Whenever a business transaction of a public utility
district furnishing electricity, gas, water service where the utility
has 10,000 or more service connections, or telephone service is such
that a personal appearance by a person is required by the district
and the person is unable to appear at the district's place of
business during the district's usual business hours, then the
district shall provide a reasonable and convenient alternative to the
person such as an appointment outside the district's usual business
hours or allowing the person to conduct the transaction by telephone,
mail, or both.

16481. (a) This section applies if there is a landlord-tenant
relationship between the residential occupants and the owner,
manager, or operator of the dwelling.
(b) If a district furnishes individually metered residential
light, heat, water, or power to residential occupants in a detached
single-family dwelling, multiunit residential structure, mobilehome
park, or permanent residential structure in a labor camp, as defined
in Section 17008 of the Health and Safety Code, and the owner,
manager, or operator is the customer of record, the district shall
make every good faith effort to inform the residential occupants, by
means of written notice, when the account is in arrears, that service
will be terminated in 10 days. The written notice shall further
inform the residential occupants that they have the right to become
customers of the district without being required to pay the amount
due on the delinquent account. The notice shall be in English and in
the languages listed in Section 1632 of the Civil Code.
(c) The district is not required to make service available to the
residential occupants unless each residential occupant agrees to the
terms and conditions of service, and meets the requirements of the
district's rules. However, if one or more of the residential
occupants are willing and able to assume responsibility for the
subsequent charges to the account to the satisfaction of the
district, or if there is a physical means, legally available to the
district, of selectively terminating service to those residential
occupants who have not met the requirements of the district's rules,
the district shall make service available to the residential
occupants who have met those requirements.
(d) If prior service for a period of time is a condition for
establishing credit with the district, residence and proof of prompt
payment of rent or other credit obligation acceptable to the district
for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the
district pursuant to this section whose periodic payments, such as
rental payments, include charges for residential light, heat, water,
or power, where these charges are not separately stated, may deduct
from the periodic payment each payment period all reasonable charges
paid to the district for those services during the preceding payment
period.

16481.1. (a) If a district furnishes residential light, heat,
water, or power to residential occupants through a master meter in a
multiunit residential structure, mobilehome park, or permanent
residential structure in a labor camp, as defined in Section 17008 of
the Health and Safety Code, and the owner, manager, or operator of
the structure or park is listed by the district as the customer of
record, the district shall make every good faith effort to inform the
residential occupants, by means of a written notice posted on the
door of each residential unit at least 15 days prior to termination,
when the account is in arrears, that service will be terminated on a
date specified in the notice. If it is not reasonable or practicable
to post the notice on the door of each residential unit, the district
shall post two copies of the notice in each common area and at each
point of access to the structure or structures. The notice shall
further inform the residential occupants that they have the right to
become customers, to whom the service will be billed, of the district
without being required to pay the amount due on the delinquent
account. The notice also shall specify, in plain language, what the
residential occupants are required to do in order to prevent the
termination or reestablish service; the estimated monthly cost of
service; the title, address, and telephone number of a representative
of the district who can assist the residential occupants in
continuing service; and the address and telephone number of a legal
services project, as defined in Section 6213 of the Business and
Professions Code, which has been recommended by the local county bar
association. The notice shall be in English and in the languages
listed in Section 1632 of the Civil Code.
(b) The district is not required to make service available to the
residential occupants unless each residential occupant or a
representative of the residential occupants agrees to the terms and
conditions of service, and meets the requirements of law and the
district's rules. However, if one or more of the residential
occupants or the representative of the residential occupants are
willing and able to assume responsibility for subsequent charges to
the account to the satisfaction of the district, or if there is a
physical means, legally available to the district, of selectively
terminating service to those residential occupants who have not met
the requirements of the district's rules or for whom the
representative of the residential occupants is not responsible, the
district shall make service available to the residential occupants
who have met those requirements or on whose behalf those requirements
have been met.
(c) If prior service for a period of time or other demonstration
of credit worthiness is a condition for establishing credit with the
district, residence and proof of prompt payment of rent or other
credit obligation during that period of time acceptable to the
district is a satisfactory equivalent.
(d) Any residential occupant who becomes a customer of the
district pursuant to this section whose periodic payments, such as
rental payments, include charges for residential light, heat, water,
or power, where these charges are not separately stated, may deduct
from the periodic payment each payment period all reasonable charges
paid to the district for those services during the preceding payment
period.
(e) If a district furnishes residential service subject to
subdivision (a), the district may not terminate that service in any
of the following situations:
(1) During the pendency of an investigation by the district of a
customer dispute or complaint.
(2) If the customer has been granted an extension of the period
for payment of a bill.
(3) For an indebtedness owed by the customer to any other public
agency or when the obligation represented by the delinquent account
or other indebtedness was incurred with any public agency other than
the district.
(4) If a delinquent account relates to another property owned,
managed, or operated by the customer.
(5) If a public health or building officer certifies that
termination would result in a significant threat to the health or
safety of the residential occupants or the public.
(f) Notwithstanding any other provision of law, and in addition to
any other remedy provided by law, if the owner, operator, or
manager, by any act or omission, directs, permits, or fails to
prevent a termination of service while any residential unit is
occupied, the residential occupant or the representative of the
residential occupants may commence an action for the recovery of all
of the following:
(1) Reasonable costs and expenses incurred by the residential
occupant or the representative of the residential occupants related
to restoration of service.
(2) Actual damages related to the termination of service.
(3) Reasonable attorney's fees of the residential occupants, the
representative of the residential occupants, or each of them,
incurred in the enforcement of this section, including, but not
limited to, enforcement of a lien.
(g) Notwithstanding any other provision of law, and in addition to
any other remedy provided by law, if the owner, manager, or
operator, by any act or omission, directs, permits, or fails to
prevent a termination of service while any residential unit receiving
that service is occupied, the corporation may commence an action for
the recovery of all of the following:
(1) Delinquent charges accruing prior to the expiration of the
notice prescribed by subdivision (a).
(2) Reasonable costs incurred by the corporation related to the
restoration of service.
(3) Reasonable attorney's fees of the corporation incurred in the
enforcement of this section or in the collection of delinquent
charges, including, but not limited to, enforcement of a lien.
If the court finds that the owner, manager, or operator has paid
the amount in arrears prior to termination, the court shall allow no
recovery of any charges, costs, damages, expenses, or fees under this
subdivision from the owner, manager, or operator.
An abstract of any money judgment entered pursuant to subdivision
(f) or (g) shall be recorded pursuant to Section 697.310 of the Code
of Civil Procedure.
(h) No termination of service subject to this section may be
effected without compliance with this section, and any service
wrongfully terminated shall be restored without charge to the
residential occupants or customer for the restoration of the service.
In the event of a wrongful termination by the district, the district
shall, in addition, be liable to the residential occupants or
customer for actual damages resulting from the termination and for
the costs of enforcement of this section, including, but not limited
to, reasonable attorney's fees, if the residential occupants or the
representative of the residential occupants make a good faith effort
to have the service continued without interruption.
(i) The district shall adopt rules and regulations necessary to
implement this section and shall liberally construe this section to
accomplish its purpose of ensuring that service to the residential
occupants is not terminated due to nonpayment by the customer unless
the district has made every reasonable effort to continue service to
the residential occupants. The rules and regulations shall include,
but are not limited to, guidelines for assistance to actual users in
the enforcement of this section and requirements for the notice
prescribed by subdivision (a), including, but not limited to, clear
wording, large and boldface type, and comprehensive instructions to
ensure full notice to the actual users.
(j) Nothing in this section broadens or restricts any authority of
a local agency that existed prior to January 1, 1989, to adopt an
ordinance protecting a residential occupant from the involuntary
termination of residential public utility service.
(k) This section preempts any statute or ordinance permitting
punitive damages against any owner, manager, or operator on account
of an involuntary termination of public utility service or permitting
the recovery of costs associated with the formation, maintenance,
and termination of a tenant's association.
(l) For purposes of this section, "representative of the
residential occupants" does not include a tenants' association.

16481.6. The decision of a district to require a new residential
applicant to deposit a sum of money with the district prior to
establishing an account and furnishing service shall be based solely
upon the credit worthiness of the applicant as determined by the
district.

16482. (a) No district furnishing its inhabitants with light,
water, power, heat, or means for the disposition of garbage, sewage,
or refuse matter may terminate residential service for nonpayment of
a delinquent account unless the district first gives notice of the
delinquency and impending termination, as provided in Section
16482.1.
(b) No district shall terminate residential service for nonpayment
in any of the following situations:
(1) During the pendency of an investigation by the district of a
customer dispute or complaint.
(2) When a customer has been granted an extension of the period
for payment of a bill.
(3) On the certification of a licensed physician and surgeon that
to do so will be life threatening to the customer and the customer is
financially unable to pay for service within the normal payment
period and is willing to enter into an amortization agreement with
the district pursuant to subdivision (e) with respect to all charges
that the customer is unable to pay prior to delinquency.
(c) Any residential customer who has initiated a complaint or
requested an investigation within five days of receiving the
contested bill, or who has, within 13 days of mailing of the notice
required by subdivision (a), made a request for extension of the
payment period of a bill asserted to be beyond the means of the
customer to pay in full during the normal period for payment, shall
be given an opportunity for review of the complaint, investigation,
or request by a review manager of the district. The review shall
include consideration of whether the customer shall be permitted to
amortize the unpaid balance of the account over a reasonable period
of time, not to exceed 12 months. No termination of service shall be
effected for any customer complying with an amortization agreement if
the customer also keeps the account current as charges accrue in
each subsequent billing period.
(d) Any customer whose complaint or request for an investigation
pursuant to subdivision (c) has resulted in an adverse determination
by the district may appeal the determination to the board. Any
subsequent appeal of the dispute or complaint to the board is not
subject to this section.
(e) Any customer meeting the requirements of paragraph (3) of
subdivision (b) shall, upon request, be permitted to amortize, over a
period not to exceed 12 months, the unpaid balance of any bill
asserted to be beyond the means of the customer to pay within the
normal period for payment.

16482.1. (a) No district furnishing light, heat, water, or power,
or means for the disposition of garbage, sewage, or refuse matter,
may terminate residential service on account of nonpayment of a
delinquent account unless the district first gives notice of the
delinquency and impending termination, at least 10 days prior to the
proposed termination, by means of a notice mailed, postage prepaid,
to the customer to whom the service is billed, not earlier than 19
days from the date of mailing the district's bill for services, and
the 10-day period shall not commence until five days after the
mailing of the notice.
(b) Every district shall make a reasonable, good faith effort to
contact an adult person residing at the premises of the customer by
telephone or personal contact, at least 48 hours prior to any
termination of service, except that, whenever telephone or personal
contact cannot be accomplished, the district shall give, by mail, in
person, or by posting in a conspicuous location at the premises, a
notice of termination of service, at least 48 hours prior to
termination.
(c) Every district shall make available to its residential
customers who are 65 years of age or older, or who are dependent
adults as defined in paragraph (1) of subdivision (b) of Section
15610 of the Welfare and Institutions Code, a third-party
notification service, whereby the district will attempt to notify a
person designated by the customer to receive notification when the
customer's account is past due and subject to termination. The
notification shall include information on what is required to prevent
termination of service. The residential customer shall make a
request for third-party notification on a form provided by the
district, and shall include the written consent of the designated
third party. The third-party notification does not obligate the third
party to pay the overdue charges, nor shall it prevent or delay
termination of service.
(d) Every notice of termination of service pursuant to subdivision
(a) shall include all of the following information:
(1) The name and address of the customer whose account is
delinquent.
(2) The amount of the delinquency.
(3) The date by which payment or arrangements for payment is
required in order to avoid termination.
(4) The procedure by which the customer may initiate a complaint
or request an investigation concerning service or charges, except
that, if the bill for service contains a description of that
procedure, the notice pursuant to subdivision (a) is not required to
contain that information.
(5) The procedure by which the customer may request amortization
of the unpaid charges.
(6) The procedure for the customer to obtain information on the
availability of financial assistance, including private, local,
state, or federal sources, if applicable.
(7) The telephone number of a representative of the district who
can provide additional information or institute arrangements for
payment.
Every notice of termination of service pursuant to subdivision (b)
shall include the items of information in paragraphs (1), (2), (3),
(6), and (7).
All written notices shall be in a clear and legible format.
(e) If a residential customer fails to comply with an amortization
agreement, the district shall not terminate service without giving
notice to the customer at least 48 hours prior to termination of the
conditions the customer is required to meet to avoid termination, but
this notice does not entitle the customer to further investigation
by the district.
(f) No termination of service may be effected without compliance
with this section. Any service wrongfully terminated shall be
restored without charge for the restoration of the service, and a
notation thereof shall be mailed to the customer at his or her
billing address.

16483. No electrical, gas, heat, or water public utility district
shall, by reason of delinquency in payment for any electric, gas,
heat, or water services, cause cessation of any such services on any
Saturday, Sunday, legal holiday, or at any time during which the
business offices of the district are not open to the public.

16485. (a) A public utility district which acquires, constructs,
owns, operates, controls or uses works for supplying its inhabitants
with electricity, may fix and collect charges in the manner provided
in Article 3 (commencing with Section 16461) and Article 8
(commencing with Section 16641), Chapter 4, Division 7 of the Public
Utilities Code, for an electricity standby or immediate availability
charge on all lands within its boundaries to which electricity is
made available for any purpose by the district, whether the
electricity is actually used or not.
(b) The board of directors of the districts which fixes such a
charge may exempt certain classes of users from such a charge and may
establish schedules varying the charges in different months and in
different localities within a public utility district depending upon
factors such as the uses to which the electricity is put, the cost of
transmitting the electricity to the user, the degree of availability
or quantity of use of such electricity. The board may not, however,
fix an annual charge in excess of twenty dollars ($20) per acre or in
excess of ten dollars ($10) for a parcel of less than one acre.
(c) Any funds derived from the charges levied pursuant to this
section may be used by the district for all purposes which a public
utility district is authorized to expend funds insofar as these
purposes relate to the acquisition, construction, operation, control,
or use of works for supplying its inhabitants with electricity.

16486. (a) In addition to all other powers, excepting telephone
service, authorized by this division, the Kirkwood Meadows Public
Utility District may acquire, construct, own, and operate public
parking facilities and cable television facilities and may provide
snow removal and road maintenance services for all roads open to the
public, including, but not limited to, public roads and roads offered
for dedication but not accepted, within the district. Prior to
providing any snow removal or road maintenance services, the district
shall obtain the consent of any public agency owning the roads.
Notwithstanding Section 16467, the facilities and services provided
in this subdivision need not be operated on a self-sustaining,
revenue-producing basis. Revenue to defray the cost of the facilities
and services may be raised in any manner authorized by this
division.
(b) The Kirkwood Meadows Public Utility District may exercise all
of the powers of a mosquito abatement district or vector control
district, as set forth in the Mosquito Abatement and Vector Control
District Law (Chapter 5 (commencing with Section 2000) of Division 3
of the Health and Safety Code), within the service area of the
Kirkwood Meadows Public Utility District.

16487. Notwithstanding any other provision of law, the Kirkwood
Meadows Public Utility District may issue bonds and incur
indebtedness pursuant to the Improvement Act of 1911 (Division 7
(commencing with Section 5000) of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Division 12 (commencing with
Section 10000) of the Streets and Highways Code), the Improvement
Bond Act of 1915 (Division 10 (commencing with Section 8500) of the
Streets and Highways Code), or the Revenue Bond Law of 1941 (Chapter
6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5
of the Government Code) for the purpose of acquiring, constructing,
owning, and operating any revenue-producing improvement, building,
system, plant, works, facilities, undertaking, or other enterprise
used for or useful for the generation, production, transmission, or
distribution of electricity or gas for light, heat, or power for
public or private uses.
If the Kirkwood Meadows Public Utility District is not
incorporated on or before March 1, 1986, this section is repealed on
that date.

16488. Every district shall comply with Section 8029.5.

16489. The June Lake Public Utility District may exercise all of
the powers of a mosquito abatement district or vector control
district, as set forth in the Mosquito Abatement and Vector Control
District Law (Chapter 5 (commencing with Section 2000) of Division 3
of the Health and Safety Code), within the service area of the June
Lake Public Utility District.