BILL NUMBER: SB 767	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 27, 2014
	AMENDED IN ASSEMBLY  JULY 3, 2013
	AMENDED IN SENATE  APRIL 4, 2013

INTRODUCED BY   Senator Lieu

                        FEBRUARY 22, 2013

   An act to amend Section  399.12.6 of the Public Utilities
Code, relating to public utilities   1808.4 of the
Vehicle Code, relating to the Department of Motor Vehicles  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 767, as amended, Lieu.  Public utilities: California
Renewables Portfolio Standard Program: biomethane.  
Department of Motor Vehicles: records: confidentiality.  
   Existing law prohibits the disclosure of the home addresses of
certain public employees and officials that appear in any records of
the Department of Motor Vehicles, except to a court, a law
enforcement agency, an attorney in a civil or criminal action under
certain circumstances, and certain other official entities. 

   This bill would extend that prohibition, subject to those same
exceptions, to the disclosure of the home addresses of code
enforcement officers, as defined.  
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect. 

   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined. The existing California Renewables Portfolio Standard
Program (RPS program) requires a retail seller of electricity, as
defined, and a local publicly owned electric utility to purchase
specified minimum quantities of electricity products from eligible
renewable energy resources, as defined, for specified compliance
periods. Existing law requires the procurement of biomethane
delivered through a common carrier pipeline under a contract, as
provided, to count toward the procurement requirements established by
the RPS program, under rules in place at the time the contract was
executed, provided that the rules apply only to sources that are
producing biomethane and injecting it into a common carrier pipeline
on or before April 1, 2014.  
   This bill would amend that date to January 31, 2015. 
   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.    This act shall be known, and may be cited,
as the Cynthia Volpe Act. 
   SEC. 2.    The Legislature finds and declares the
following:  
   (a) Existing law provides security for residential information of
certain drivers, including sworn and nonsworn employees of police
departments, district attorneys, public defenders, child abuse
investigators or social workers working in child protective services
or a social services department, and a number of other persons
performing sensitive public service work.  
   (b) Code enforcement officers who are nonsworn employees of a
police agency are covered under existing law, but the residential
information of other code enforcement officers working in
free-standing code enforcement is not.  
   (c) In 1992, Cynthia Volpe, a code enforcement officer for the
City of Bakersfield, along with her husband and mother, were murdered
in their home by a person who had been issued a citation for failure
to abate slum housing conditions in apartment units that were owned
by the perpetrator. The perpetrator obtained knowledge of Ms. Volpe's
home address by acquiring her Department of Motor Vehicle
information. 
   SEC. 3.    Section 1808.4 of the   Vehicle
Code   is amended to read: 
   1808.4.  (a) For all of the following persons, his or her home
address that appears in a record of the department is confidential if
the person requests the confidentiality of that information:
   (1) Attorney General.
   (2) State Public Defender.
   (3) A Member of the Legislature.
   (4) A judge or court commissioner.
   (5) A district attorney.
   (6) A public defender.
   (7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
   (8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
   (9) A nonsworn police dispatcher.
   (10) A child abuse investigator or social worker, working in child
protective services within a social services department.
   (11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
   (12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
   (13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
   (14) A county counsel assigned to child abuse cases.
   (15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
   (16) A member of a city council.
   (17) A member of a board of supervisors.
   (18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
   (19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
   (20) An employee of a trial court.
   (21) A psychiatric social worker employed by a county.
   (22) A police or sheriff department employee designated by the
Chief of Police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
   (23) A state employee in one of the following classifications:
   (A) Licensing Registration Examiner, Department of Motor Vehicles.

   (B) Motor Carrier Specialist 1, Department of the California
Highway Patrol.
   (C) Museum Security Officer and Supervising Museum Security
Officer. 
   (24) A code enforcement officer, as defined in Section 829.5 of
the Penal Code.  
   (24) 
    (25)  (A) The spouse or child of a person listed in
paragraphs (1) to  (23)   (24)  ,
inclusive, regardless of the spouse's or child's place of residence.
   (B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
   (C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.
   (ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request for
confidentiality, whether the spouse or child has been convicted of a
crime and is on active parole  , mandatory supervision,
postrelease community supervision,  or probation.
   (iii) Neither the listed person's employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime and
is on active parole  , mandatory supervision, postrelease
community supervision,  or probation.
   (b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
   (1) A court.
   (2) A law enforcement agency.
   (3) The State Board of Equalization.
   (4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
   (5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
   (c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record.
   (2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
   (3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph  (24) 
 (25)  of subdivision (a) shall be withheld from public
inspection for three years following the death of the peace officer.
   (4) The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
   (d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the city
police department or county sheriff's office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
 (24)   (25)  of subdivision (a), that
results in bodily injury to the peace officer, employee of the city
police department or county sheriff's office, or the spouses or
children of these persons is a felony. 
  SECTION 1.    Section 399.12.6 of the Public
Utilities Code is amended to read:
   399.12.6.  (a) (1) Any procurement of biomethane delivered through
a common carrier pipeline under a contract executed by a retail
seller or local publicly owned electric utility and reported to the
Energy Commission prior to March 29, 2012, and otherwise eligible
under the rules in place as of the date of contract execution shall
count toward the procurement requirements established in this
article, under the rules in place at the time the contract was
executed, including the Fourth Edition of the Energy Commission's
Renewables Portfolio Standard Eligibility Guidebook, provided that
those rules shall apply only to sources that are producing biomethane
and injecting it into a common carrier pipeline on or before January
31, 2015.
   (2) The eligibility requirements of subdivision (b) shall apply
beginning March 29, 2012, to any quantities of biomethane associated
with any of the following:
   (A) An extension of the term of the original contract.
   (B) Any quantity of biomethane that exceeds the quantities of
biomethane specified in the original contract.
   (C) Any optional quantities of biomethane that can be exercised at
the discretion of the buyer.
   (D) Any change in the source or sources of biomethane identified
in the original contract or the original application for
certification submitted to the Energy Commission.
   (E) Any quantity of biomethane from a source not producing and
capturing biomethane and injecting it into a common carrier pipeline
on or before January 31, 2015.
   (F) The conditions of this paragraph shall apply beginning March
29, 2012.
   (b) For contracts initially executed on or after March 29, 2012,
or for quantities of biomethane associated with contract amendments
executed on or after March 29, 2012, the use of biomethane by a
generating facility shall not qualify as an eligible renewable energy
resource unless it satisfies all applicable requirements established
by the Energy Commission and meets any of the following
requirements:
   (1) The biomethane is used by an onsite generating facility.
   (2) The biomethane is used by an offsite generating facility and
delivered to the generating facility through a dedicated pipeline.
   (3) The biomethane is delivered to a generating facility through a
common carrier pipeline and meets all of the following requirements:

   (A) The source of biomethane injects the biomethane into a common
carrier pipeline that physically flows within California or toward
the generating facility for which the biomethane was procured under
the original contract.
   (B) The source of biomethane did not inject biomethane into a
common carrier pipeline prior to March 29, 2012, or the source
commenced injection of sufficient incremental quantities of
biomethane after March 29, 2012, to satisfy the contract
requirements.
   (C) The seller or purchaser of the biomethane demonstrates that
the capture and injection of biomethane into a common carrier
pipeline directly results in at least one of the following
environmental benefits to California:
   (i) The reduction or avoidance of the emission of any criteria air
pollutant in California.
   (ii) The reduction or avoidance of pollutants that could have an
adverse impact on waters of the state.
   (iii) The alleviation of a local nuisance within California that
is associated with the emission of odors.
   (c) For all electricity products generated using biomethane that
are credited toward the renewables portfolio standard procurement
obligations established pursuant to this article, sufficient
renewable and environmental attributes of biomethane production and
capture shall be transferred to the retail seller or local publicly
owned electric utility that uses that biomethane to ensure that there
are zero net emissions associated with the production of electricity
from the generating facility using the biomethane. The provisions of
this subdivision shall be applied in a manner consistent with the
definition of "green attributes" as specified by the commission in
Decision 08-08-028, Decision on Definition and Attributes of
Renewable Energy Credits for Compliance with the California
Renewables Portfolio Standard (August 21, 2008), as may be modified
by subsequent decision of the commission.
   (d) All sellers and purchasers of biomethane shall comply with a
system for tracking and verifying the use of biomethane, as
established by the Energy Commission, that is equivalent to the
system required by subdivision (c) of Section 399.25.
   (e) For contracts initially executed on or after March 29, 2012,
or for quantities of biomethane associated with contract amendments
executed after March 29, 2012, the use of biomethane shall be
assigned to the appropriate portfolio content category based on the
application of the criteria in subdivision (b) of Section 399.16 to
the procurement of electricity by the retail seller or local publicly
owned electric utility from the generating facility consuming the
biomethane.
   (f) A retail seller, local publicly owned electric utility, or an
intermediary party to a biomethane procurement contract shall not
make a marketing, regulatory, or retail claim that asserts that a
biomethane procurement contract to which that entity was a party
resulted, or will result, in greenhouse gas reductions related to the
destruction of methane if the capture and destruction is required by
law. If the capture and destruction of the biomethane is not
required by law, a retail seller, local publicly owned electric
utility, or an intermediary party to a biomethane procurement
contract shall not make a marketing, regulatory, or retail claim that
asserts that a biomethane procurement contract to which that entity
was a party resulted, or will result, in greenhouse gas reductions
related to the destruction of methane, unless the environmental
attributes associated with the capture and destruction of the
biomethane pursuant to that contract are transferred to the retail
seller or publicly owned electric utility that purchased that
biomethane and retired on behalf of the retail customers consuming
the electricity associated with the use of that biomethane, or unless
the biomethane procurement contract prohibits the source of
biomethane from separately marketing the environmental attributes
associated with the capture and destruction of the biomethane sold
pursuant to that contract. These attributes shall be retired and may
not be resold.
   (g) For the purposes of this section, "biomethane" means landfill
gas or digester gas, consistent with Section 25741 of the Public
Resources Code.
   (h) If any provision of this section or the application of any
provision of this section is held invalid, biomethane delivered
through a common carrier pipeline pursuant to a contract executed
within 180 days of, or at any time subsequent to, the invalidation of
that provision shall not qualify as an eligible renewable energy
resource.