BILL NUMBER: AB 1986 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Davis
FEBRUARY 23, 2012
An act relating to hazardous waste. An act
to amend Section 21003 of the Elections Code, relating to
redistricting.
LEGISLATIVE COUNSEL'S DIGEST
AB 1986, as amended, Davis. Hazardous waste: public
utilities. Redistricting.
Existing law, as added by constitutional initiative, establishes
the Citizens Redistricting Commission, and charges it with various
duties and responsibilities in connection with redistricting
Assembly, Senate, Board of Equalization, and congressional districts,
as specified. Existing law requires the Department of Corrections
and Rehabilitation to furnish to the Citizens Redistricting
Commission, not sooner than April 1, 2020, and not later than July 1,
2020, and in each year of the decennial census thereafter, specified
information regarding the last known place of residence, as defined,
of each inmate incarcerated in a state adult correctional facility,
except an inmate whose last known place of residence is outside of
California. Existing law requests the Citizens Redistricting
Commission to deem each incarcerated person as residing at his or her
last known place of residence, rather than at the institution of his
or her incarceration, and to utilize the above information in
carrying out its redistricting responsibilities.
This bill would require the department to exclude all inmates in
state custody for whom a last known place of residence within
California cannot be determined and inmates in federal custody in a
facility within California from the information furnished to the
commission. The bill also would request the commission to refrain
from publishing any information regarding a specific inmate's last
known place of residence and would make clarifying and conforming
changes.
Existing law exempts a person who initially collects certain types
of hazardous waste at a remote site and transports the hazardous
waste to a consolidation site from complying with the existing
requirements concerning possession of a manifest and registration as
a hazardous waste transporter, if the person complies with specified
conditions, including if not more than 275 gallons or 2,500 pounds,
whichever is greater, of hazardous waste is transported in any
shipment. Existing law exempts a public utility, local publicly owned
utility, or municipal utility from those limits with regard to the
transportation of a certain amount of mineral oil or of hazardous
wastewater from the dewatering of utility vaults.
This bill would declare the intention of the Legislature to enact
subsequent legislation regarding the transportation of hazardous
waste by public utilities.
Vote: majority. 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 21003 of the
Elections Code is amended to read:
21003. (a) (1) Not sooner than April 1, 2020, and not later than
July 1, 2020, the Department of Corrections and Rehabilitation shall
furnish to the Citizens Redistricting Commission information
regarding the last known place of residence of each inmate
incarcerated in a state adult correctional facility, except an inmate
whose last known place of residence is outside of California.
(2) The information furnished by the Department of Corrections and
Rehabilitation pursuant to paragraph (1) shall include the following
for each inmate:
(A) A unique identifier, other than the inmate's name or
Department of Corrections and Rehabilitation number.
(B) If the Statewide Offender Management System is fully
operational on or before April 1, 2020, last known address
place of residence information that is
sufficiently specific to determine the congressional, State
Senatorial, State Assembly, or State Board of Equalization district
in which the inmate's last known place of residence is located. This
information may include, but not be limited to, ZIP Code
cens us block information or street
address information from which a ZIP Code
census block can be derived.
(C) If the Statewide Offender Management System is not fully
operational on or before April 1, 2020, last known address
place of residence information that is as
specific as feasible under the Department of Corrections and
Rehabilitation's database system and from which census block
information can be derived .
(3) In 2030 and in each year ending in the number zero thereafter,
the Department of Corrections and Rehabilitation shall furnish the
information specified in paragraphs (1) and (2) to the Citizens
Redistricting Commission not sooner than the decennial Census Day and
not later than 90 days thereafter.
(4) For purposes of this subdivision, "inmate incarcerated in a
state adult correctional facility" includes an inmate who, as of
April 1, 2020, has been transferred to a facility outside of
California to complete his or her term of incarceration.
(5) The Department of Corrections and Rehabilitation shall exclude
all inmates in state custody for whom a last known place of
residence within California cannot be determined and all inmates in
federal custody in a facility within California from the information
furnished pursuant to this section.
(b) Consistent with Section 2025, the Legislature hereby requests
the Citizens Redistricting Commission to deem each incarcerated
person as residing at his or her last known place of residence,
rather than at the institution of his or her incarceration, and to
utilize the information furnished to it pursuant to subdivision (a)
in carrying out its redistricting responsibilities under Article XXI
of the California Constitution. The Legislature also requests
the commission to do all of the following when it uses information
regarding inmates that is furnished pursuant to this section:
(1) Regardless of the form in which the information is furnished,
refrain from publishing any information regarding a specific inmate's
last known place of residence.
(2) Deem an inmate in state custody in a facility within
California for whom the last known place of residence is either
outside California or cannot be determined, or an inmate in federal
custody in a facility within California, to reside at an unknown
geographical location in the state and exclude the inmate from the
population count for any district, ward, or precinct.
(3) Adjust race and ethnicity data in districts, wards, and
precincts that contain prisons in a manner that reflects reductions
in the local population as inmates are included in the population
count of the district, ward, or precinct of their last known place of
residence.
(c) For purposes of this section, "last known place of residence"
means the address at which the inmate was last domiciled prior to his
or her current term of incarceration, as determined from the court
records of the county in which the inmate was sentenced to his or her
current term of incarceration.
SECTION 1. It is the intent of the Legislature
to enact subsequent legislation regarding the transportation of
hazardous waste by public utilities.