BILL NUMBER: SB 651 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2007
INTRODUCED BY Senator Calderon
FEBRUARY 22, 2007
An act to amend Section 594 of the Penal Code, relating
to crime. An act to add Section 116875.5 to the Health
and Safety Code, relating to drinking water, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 651, as amended, Calderon. Crime.
Drinking Water: pipes and fittings: lead content.
Existing law, with certain exceptions, prohibits the use of any
pipe, pipe or plumbing fitting or fixture, solder, or flux that is
not lead free in the installation or repair of any public water
system or any plumbing in a facility providing water for human
consumption. Existing law, commencing on January 1, 2010, revises
this prohibition to, with certain exceptions, apply to any pipe or
plumbing fitting, or fixture intended to convey or dispense water for
human consumption.
Existing law prohibits the introduction into commerce of any pipe,
pipe or plumbing fitting, or fixture that is not lead free, except
for a pipe that is used in manufacturing or industrial processing.
Existing law defines lead free as not more than 8% lead when used
with respect to pipes and fittings and not more than 4% by dry weight
with respect to plumbing fittings and fixtures. Existing law,
commencing on January 1, 2010, revises the term "lead free," for
purposes of manufacturing, industrial processing, and conveying or
dispensing water for human consumption, to refer not to the lead
content of pipes and pipe fittings, plumbing fittings, and fixtures,
but instead, to refer to a weighted average lead content of the
wetted surface area of the pipes, fittings, and fixtures of not more
than 0.25%, to be determined pursuant to a prescribed formula.
Existing law requires the State Department of Health Services to
adopt building standards to implement the above prohibitions.
Existing law will transfer these functions to the new State
Department of Public Health commencing July 1, 2007. Appropriate
state and local building and health officials are required to enforce
these standards.
This bill would require the department to adopt emergency
regulations the implement to 2010 changes in these provisions to
become effective immediately, but to remain inoperative until January
1, 2010.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law, as amended by initiative statute provides that every
person who maliciously defaces with graffiti or other inscribed
material, damages, or destroys any real or personal property that is
not his or her own, is guilty of vandalism. Existing law provides
that upon conviction of any person under these provisions for
vandalism, the court may order the defendant to clean up, repair, or
replace the damaged property himself or herself, as specified.
Existing law provides that these provisions may be amended by a 2/3
vote of each house of the Legislature.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116875.5 is added to the
Health and Safety Code , to read:
116875.5. The department shall adopt emergency regulations by
January 1, 2008, that clarify and implement Section 116875, as added
by Section 2 of Chapter 853 of the Statutes of 2006. The regulations
shall take effect immediately when adopted, but shall not become
operative until January 1, 2010.
This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the public health and safety by establishing
standards in a timely fashion that are necessary to provide guidance
for the pipe and pipe fitting industry in preparing for the 2010
changes relating to the lead content of pipes and pipe fittings, it
is necessary that this bill take effect immediately.
SECTION 1. Section 594 of the Penal Code is
amended to read:
594. (a) Every person who maliciously commits any of the
following acts with respect to any real or personal property not his
or her own, in cases other than those specified by state law, is
guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court may, in addition to any punishment
imposed under subdivision (b), order the defendant to clean up,
repair, or replace the damaged property himself or herself, or order
the defendant, and his or her parents or guardians if the defendant
is a minor, to keep the damaged property or another specified
property in the community free of graffiti for up to one year.
Participation of a parent or guardian is not required under this
subdivision if the court deems this participation to be detrimental
to the defendant, or if the parent or guardian is a single parent or
guardian who must care for young children.
(d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
(g) This section shall become operative on January 1, 2002.