Public Utilities ActViolations
Section § 2100
This law states that if a common carrier (like a bus or delivery service) charges less than what they filed in their official rate schedules, or gives discounts without approval, they have to collect the unpaid amounts. Furthermore, the carrier may also be fined an amount equal to these undercharges, and this fine goes to the General Fund. This law is in addition to any other penalties or actions the commission might take.
Section § 2101
This law states that the commission is responsible for making sure California's public utility laws are followed. If violations occur, the commission must take legal action to correct them and ensure penalties are enforced. The commission can even file lawsuits on behalf of California's people to achieve this. Additionally, the Attorney General or local district attorneys can help investigate and prosecute these cases as needed.
Section § 2102
This law states that if a public utility in California is not doing what it's supposed to do according to the law or a decision made by the commission, or if it's violating any law or commission directive, the commission can take legal action. The commission's attorney will start a court case to stop the violation or prevent it from happening, using legal tools like mandamus (a court order to compel action) or an injunction (a court order to stop action).
Section § 2103
This law outlines the process a court must follow when dealing with petitions against public utilities. Once a petition is filed, the court sets a deadline for the utility to respond, which can't be more than 20 days. During this period, the utility can be temporarily restrained. If the utility doesn't respond on time, the court will quickly look into the case details and can add other parties if needed to ensure a fair judgment. The court's final decision can dismiss the case or enforce actions like mandamus (a command to perform a duty) or an injunction (an order to stop doing something). Appeals from these decisions can be made to the Supreme Court like any other mandamus or injunction case.
Section § 2104
This law outlines how penalties related to public utilities or common carriers are handled in California. It specifies that actions to recover penalties are brought by the state's attorney or agent in the local superior court where the issue occurred or where the involved corporation's main office is located. Fines can be pursued similarly to a creditor's actions, and there is a possibility of stopping the sale of assets to cover unpaid fines. If someone tries to transfer assets fraudulently to escape penalties, they could face additional legal charges. Recovered fines are sent to the state's General Fund. The court can approve settlements or discontinuations of actions upon the commission's request. This law became effective starting January 1, 2014.
Section § 2104.5
This law allows the commission to negotiate or adjust penalties for violations related to pipeline safety and gas transportation in California. When setting the penalty amount, factors like the violator's business size, the seriousness of the violation, and the efforts to comply after being notified are taken into account.
The settled or determined penalty can then be pursued through a civil lawsuit, targeting either the individual's residence or the corporation's main business location. Civil action rules apply to these cases, and any penalties collected go to the state's General Fund.
Section § 2104.7
This law says that any money collected from fines, penalties, or settlements related to the 2015 well failure at the Aliso Canyon gas storage facility in Los Angeles must be put into a special fund called the Aliso Canyon Recovery Account. This money is meant to help with local air quality, public health, and costs to ratepayers affected by the incident, if the California Legislature approves its use. The law also clarifies that the 'Los Angeles Basin' refers to a specific area detailed in a 2016 technical report.
Section § 2105
This section explains that penalties for violations are cumulative, meaning they can add up over time. Filing a lawsuit to collect one penalty doesn't stop the pursuit of other penalties or criminal charges against public utilities or their employees. Additionally, it doesn't prevent the commission from using its authority to penalize for contempt.
Section § 2106
This law states that if a public utility company does something prohibited or fails to do something required by law, the state constitution, or orders from the commission, it is responsible for any harm or losses caused to people or companies. If the court determines the actions were intentional, it may also award extra damages as a punishment. Affected individuals or businesses can sue for damages in any appropriate court.
Additionally, this law won't interfere with the state's right to impose penalties separately or the commission's authority to deal with contempt.
Section § 2107
If a public utility in California breaks a state constitution rule or any specific part of commission orders or regulations, and there's no other penalty stated, they can be fined. The fines range from $500 to $100,000 for each violation.
Section § 2107.5
If a person or company helps a carrier break certain rules or breaks the rules themselves, they can be fined up to $5,000 per violation. Furthermore, if they don't pay the fine on time, interest will be added at a rate specified by the state constitution. Interest starts accumulating the moment the fine is late.
Section § 2108
This law explains that if a corporation or person breaks any rule or order from the commission, it counts as a separate offense. If the violation continues over multiple days, each day is treated as a new offense, making it more serious with each passing day.
Section § 2109
This law section states that if an officer, agent, or employee of a public utility does something wrong, doesn't do something they should, or fails in their duties while performing their official tasks, the public utility itself is held responsible for this action or inaction.
Section § 2110
This section states that if a public utility or its employees violate certain rules or help others do so, they can face legal consequences. Specifically, if they break parts of the California Constitution or fail to follow orders from the relevant commission, without a specific penalty already in place, they can be charged with a misdemeanor. The punishment can be a fine up to $5,000, up to one year in county jail, or both.
Section § 2111
This law states that if a person or company (not including public utilities and their employees) knowingly breaks or fails to follow the rules related to public utilities in California, or helps others do so, they can be fined. The fines range from $500 to $50,000 for each offense if no specific penalty is already in place.
Section § 2112
If you are an individual or work for a company (not a public utility) and you break any rules, orders, or demands set by the commission, or help a utility company to do so, you could be charged with a misdemeanor. This means you might have to pay a fine of up to $1,000, spend up to a year in county jail, or both, unless a different penalty is already specified.
Section § 2112.5
This law states that if anyone purposely breaks the rules laid out in Section 588, they are committing a misdemeanor, which is a less serious crime. The fine for this offense ranges from $500 to $2,000 per violation.
Section § 2113
This law says that if a public utility or corporation doesn't follow the rules or orders set by the commission, they can be punished for contempt, similar to how courts punish contempt. This punishment is an additional option and doesn't replace any other legal actions or penalties that might apply.
Section § 2114
This law states that if any agent or officer of a public utility lies under oath to the commission about a significant issue, they are committing a felony. If they knowingly provide false testimony or statements under penalty of perjury, they could face a fine of up to $500,000.
Section § 2115
If a railroad company breaks safety or condition rules set by the commission, the company can be fined up to $2,000 for each violation. Alternatively, they can be fined $200 for each day the issue isn't fixed. Additionally, the company may owe interest on any late fine payments.
Section § 2117
This law talks about what happens when a notice to appear in court is sent to the owner of a passenger stage, like a bus. If the owner gets the notice and wants to plead guilty, that notice can serve as the complaint in court.
But if the owner doesn't show up, doesn't post bail, or denies the charge, a formal complaint must be filed according to specific legal procedures. From there, the trial follows the regular legal process. However, the owner can choose to let the case proceed with just the written notice by agreeing in writing.
Section § 2119
This law states that if a passenger stage corporation (like a bus or shuttle service) or its employees use unauthorized identifying symbols on their vehicles, or do not remove them when told to, they can be charged with a misdemeanor. This means they could face a fine up to $1,000, up to one year in county jail, or both.
Section § 2120
This law requires that the commission cannot use any money from legal proceedings, settlements, or claims until two conditions are met. First, they must notify the Director of Finance in writing about receiving the money and why they got it. Second, the Director of Finance has to inform the appropriate legislative committee chairpersons about the receipt of the money at least 60 days before any action is taken. However, this rule doesn't apply to fees for regulatory purposes, court-ordered financial uses, or situations where other laws specify how the money should be used, like certain funds related to energy or rate relief.