BILL NUMBER: AB 1104	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 7, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 22, 2013

   An act to  amend   add  Section 
25205 of   21080.23.5 to  the Public Resources
Code, relating to  the State Energy Resources Conservation
and Development Commission.   environmental quality.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1104, as amended, Salas.  State Energy Resources
Conservation and Development Commission: incompatible offices:
incompatible activities.   California Environmental
Quality Act: biogas pipelines: exemption.  
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. CEQA provides some exemptions from its requirements for
specified projects, including for a project that consists of the
inspection, maintenance, repair, restoration, reconditioning,
relocation, replacement, or removal of an existing pipeline, as
defined, if specified conditions are met.  
   This bill would provide that, for purposes of that exemption,
"pipeline" also means a pipeline located in Fresno, Kern, Kings, or
Tulare County, that is used to transport biogas, as the bill would
define that term, and that meets the existing requirements for the
exemption and all local, state, and federal laws. Because a lead
agency would be required to determine the applicability of the
exemption, the bill would impose a state-mandated local program.
 
   (2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Counties of Fresno,
Kern, Kings, and Tulare.  
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   The existing Warren-Alquist State Energy Resources Conservation
and Development Act establishes the State Energy Resources
Conservation and Development Commission, with various duties and
responsibilities with respect to energy policy and planning. An
existing provision in the act generally prohibits the members of the
commission from holding any other elected or appointed public office
or position. The act additionally requires all members of the
commission and employees of the commission to comply with a provision
of the Government Code that no longer exists. Existing law makes the
violation of these provisions of the act a felony subject to fine
and imprisonment, or both.  
   The Government Code prohibits any state officer or employee from
engaging in any employment, activity, or enterprise that is clearly
inconsistent, incompatible, in conflict with, or inimical to his or
her duties as a state officer or employee and requires each
appointing power to determine, subject to the approval of the
Department of Personnel Administration, those activities that are
inconsistent, incompatible, or in conflict with their duties as state
officers or employees.  
   This bill would delete the prohibition in the act upon the members
of the commission holding any other elected or appointed public
office or position. The bill would require all members of the
commission and employees of the commission to comply with the
existing provision of the Government Code prohibiting a state officer
or employee from engaging in any employment, activity, or enterprise
that is clearly inconsistent, incompatible, in conflict with, or
inimical to his or her duties as a state officer or employee. Because
a violation of the bill's prohibition upon a state officer or
employee of the commission engaging in any employment, activity, or
enterprise that is clearly inconsistent, incompatible, in conflict
with, or inimical to their duties as a state officer or employee
would be a crime, this bill would impose a state-mandated local
program by creating a new crime.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21080.23.5 is added to the
  Public Resources Code   , to read:  
   21080.23.5.  (a) For purposes of Section 21080.23, "pipeline" also
means a pipeline located in Fresno, Kern, Kings, or Tulare County,
that is used to transport biogas, and meeting the requirements of
Section 21080.23 and all local, state, and federal laws.
   (b) For purposes of this section, "biogas" means natural gas that
meets the requirements of Section 2292.5 of Title 13 of the
California Code of Regulations and is derived from anaerobic
digestion of dairy animal waste. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
concerning dealing with biogas in the Counties of Fresno, Kern,
Kings, and Tulare. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    Section 25205 of the Public
Resources Code is amended to read:
   25205.  (a) No person shall be a member of the commission who,
during the two years prior to appointment on the commission, received
any substantial portion of his or her income directly or indirectly
from any electric utility, or who engages in sale or manufacture of
any major component of any facility. A member of the commission shall
not be employed by any electric utility, applicant, or, within two
years after he or she ceases to be a member of the commission, by any
person who engages in the sale or manufacture of any major component
of any facility.
   (b) The members of the commission and all employees of the
commission shall comply with all applicable provisions of Section
19990 of the Government Code.
   (c) A person who is a member or employee of the commission shall
not participate personally and substantially as a member or employee
of the commission, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, hearing, application, request for
a ruling, or other determination, contract, claim, controversy,
study, plan, or other particular matter in which, to his or her
knowledge, he or she, his or her spouse, minor child, or partner, or
any organization, except a governmental agency or educational or
research institution qualifying as a nonprofit organization under
state or federal income tax law, in which he or she is serving, or
has served as officer, director, trustee, partner, or employee while
serving as a member or employee of the commission or within two years
prior to his or her appointment as a member of the commission, has a
direct or indirect financial interest.
   (d) A person who is a partner, employer, or employee of a member
or employee of the commission shall not act as an attorney, agent, or
employee for any person other than the state in connection with any
judicial or other proceeding, hearing, application, request for a
ruling, or other determination, contract, claim, controversy, study,
plan, or other particular matter in which the commission is a party
or has a direct and substantial interest.
   (e) The provisions of this section shall not apply if the Attorney
General finds that the interest of the member or employee of the
commission is not so substantial as to be deemed likely to affect the
integrity of the services which the state may expect from the member
or employee.
   (f) Any person who violates any provision of this section is
guilty of a felony and shall be subject to a fine of not more than
ten thousand dollars ($10,000) or imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code, or both that fine
and imprisonment.
   (g) The amendment of subdivision (c) of this section enacted by
the 1975-76 Regular Session of the Legislature does not constitute a
change in, but is declaratory of, existing law.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.