SECTIONS 401-410 - California Statutes

PUBLIC UTILITIES CODE

SECTION 401-410

401. (a) The Legislature finds and declares that the public
interest is best served by a commission that is appropriately funded
and staffed, that can thoroughly examine the issues before it, and
that can take timely and well-considered action on matters before it.
The Legislature further finds and declares that funding the
commission by means of a reasonable fee imposed upon each common
carrier and business related thereto, each public utility that the
commission regulates, and each applicant for, or holder of, a state
franchise pursuant to Division 2.5 (commencing with Section 5800),
helps to achieve those goals and is, therefore, in the public
interest.
(b) The Legislature intends, in enacting this chapter, that the
fees levied and collected pursuant thereto produce enough, and only
enough, revenues to fund the commission with (1) its authorized
expenditures for each fiscal year to regulate common carriers and
businesses related thereto, public utilities, and applicants and
holders of a state franchise to be a video service provider, less the
amount to be paid from special accounts except those established by
this article, reimbursements, federal funds, and the unencumbered
balance from the preceding year; (2) an appropriate reserve; and (3)
any adjustment appropriated by the Legislature.
(c) For purposes of this chapter, an "appropriate reserve" means a
reserve in addition to the commission's total authorized annual
budget to regulate common carriers and related businesses, public
utilities, and applicants and holders of a state franchise to be a
video service provider, to be determined by the commission based on
its past and projected operating experience.

402. The Public Utilities Commission Utilities Reimbursement
Account is hereby continued in existence. All fees collected by the
commission pursuant to Section 431 shall be transmitted to the
Treasurer at least quarterly for deposit in the account.

403. There is hereby created the Public Utilities Commission
Transportation Reimbursement Account in the General Fund. All fees
collected by the commission pursuant to Section 421 shall be
transmitted to the Treasurer at least quarterly for deposit in the
account.

404. (a) All fees paid pursuant to this chapter, exclusive of any
penalties for delinquency, shall be allowed by the commission in a
separate order as an ordinary operating expense for purposes of
establishing rates or charges. The commission shall authorize each
person or corporation subject to Section 421 or 431 to annually
adjust its rates or charges for intrastate services so as to collect
from its customers and subscribers an amount sufficient to pay the
amount of the fee required by Section 421 or 431 together with the
costs of collecting the fee from each customer or subscriber.
(b) The commission shall adopt rules to determine the appropriate
level of fees for carriers that provide transportation services
incidental to commercial balloon operations, commercial river
rafting, or skiing.
(c) Each person or corporation subject to Section 421 or 431 may
identify separately, on the bill of each customer or subscriber, the
amount to be paid by each customer or subscriber for purposes of
funding the commission pursuant to this chapter.
(d) Persons or corporations subject to Section 421 or 431 shall
pay the fee in accordance with Section 423 or 433 after collection
from their customers or subscribers.

405. If any person or corporation subject to this chapter is in
default of the preparation and submission of any report or the
payment of any fee required by this chapter for a period of 30 days
or more, the commission may suspend or revoke the certificate of
public convenience and necessity, permit, or other operating
authority of the person or corporation or order the person or
corporation to cease and desist from conducting all operations
subject to the jurisdiction of the commission, and the commission may
estimate from all available information the appropriate fee and may
add to the amount of that estimated fee a penalty not to exceed 25
percent of the amount on account of the failure, refusal, or neglect
to prepare and submit the report or to pay the fee, and the person or
corporation shall be estopped to complain of the amount of the
commission's estimate.
Upon payment of the fee so estimated and penalty, if applicable,
the certificate, permit, or other operating authority of the person
or corporation suspended in accordance with this section shall be
reinstated or the order to cease and desist revoked. The commission
may grant a reasonable extension of the 30-day period to any person
or corporation upon written application and a showing of the
necessity of the extension.
Upon revocation of any certificate, permit, or other operating
authority or issuance of an order to cease and desist pursuant to
this section, all fees in default shall become due and payable
immediately.

406. The commission may bring an action, in its own name or in the
name of the people of the state, in any court of competent
jurisdiction, for the collection of delinquent fees estimated under
Section 405, or for an amount due, owing, and unpaid to it, as shown
by report filed by the commission, together with a penalty of 25
percent for the delinquency.

407. The commission shall authorize refunds of the fees provided
for in this chapter when the fees were collected in error.

408. Notwithstanding any other provision of law, all fees and
charges collected by the commission pursuant to this code from each
common carrier and related business subject to Section 421 and from
interstate or foreign highway carriers registered pursuant to the
Interstate and Foreign Highway Carriers' Registration Act (Chapter 2
(commencing with Section 3901) of Division 2), shall be deposited in
the Public Utilities Commission Transportation Reimbursement Account,
in addition to the fee authorized by Section 421.

409. (a) Notwithstanding any other provision of law, all fees and
charges collected pursuant to this code by the commission from each
public utility subject to Section 431, with the exception of any
penalty collected pursuant to Section 405 or 406, shall be deposited
in the Public Utilities Commission Utilities Reimbursement Account,
in addition to the fee authorized by Section 431.
(b) A penalty collected pursuant to Section 405 or 406 shall be
deposited in the General Fund.

409.5. The commission shall maintain those records as are necessary
to account separately for all fees and charges, including the fees
authorized by Section 431, received from each class of utility
subject to Article 3 (commencing with Section 431) and remitted
pursuant to Section 409.

410. The commission may establish rules and regulations that it
deems necessary to carry out the provisions of this chapter.