California Constitution Article XII - Public Utilities [Sections 1 - 9]
California Constitution – Article XII: Public Utilities
[Sections 1 – 9]
Article XII of the California Constitution outlines the legal framework for public utilities in the state, including their regulation, rights, and the powers of the state over them.
🔹 Section-by-Section Summary
Section 1: Definition of Public Utilities
Defines public utilities to include private corporations, individuals, or entities that own, operate, or control facilities for services such as:
Transportation
Communications
Gas
Electricity
Water
Heat
Storage and related services
Section 2: Role of the Legislature
The Legislature has plenary power (complete and absolute authority) to:
Establish rules for public utilities.
Regulate their rates, charges, and services.
Enact laws to ensure public safety and fairness in utility services.
Section 3: Public Utilities Commission (PUC)
The Public Utilities Commission (PUC) is granted broad authority to supervise and regulate public utilities.
It may be vested with additional powers by the Legislature.
Its jurisdiction and duties are subject to legislative control, unless limited by constitutional provisions.
Section 4: Access to Records
Public utilities must maintain open records for inspection by the PUC and the Legislature.
Ensures transparency and accountability.
Section 5: Regulation of Rates
Rates charged by public utilities must be just and reasonable.
Prevents abuse of monopoly power and protects consumers from overcharging.
Section 6: Prohibitions Against Discrimination
Public utilities are forbidden from discriminatory practices, including:
Charging different rates for the same service.
Offering preferential treatment to individuals or corporations.
Section 7: Liability
Public utilities are liable for any violation of state laws or constitutional provisions.
Consumers may pursue legal remedies against utilities for damages.
Section 8: Applicability to Municipal Utilities
This article does not apply to utilities owned and operated by local governments (municipal utilities), unless specified.
Municipal utilities are generally governed by local laws and charters.
Section 9: Construction
Ensures that nothing in this article limits or repeals any law related to public utilities unless explicitly stated.
🔹 Key Themes
State Oversight: Strong emphasis on regulation by the PUC and Legislature.
Consumer Protection: Fair rates, transparency, and non-discrimination.
Legal Accountability: Utilities can be held accountable for wrongdoing.
Local Autonomy: Municipal utilities largely operate under local control.
RELATED Blog
0 comments