Amended in Senate May 4, 2016

Amended in Senate August 18, 2015

Amended in Senate June 23, 2015

Amended in Senate June 16, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 857

Introduced by Assembly Member begin delete Perea end delete begin insert Cooper end insert

begin delete

(Coauthor: Assembly Member O’Donnell)

end delete begin insert

(Principal coauthor: Senator De León)

end insert

February 26, 2015

begin delete An act to amend Section 39719.2 of the Health and Safety Code, relating to greenhouse gases. end delete begin insert An act to amend Sections 11106, 16520, 23910, and 30105 of, and to add Chapter 3 (commencing with Section 29180) to Division 7 of Title 4 of Part 6 of, the Penal Code, relating to firearms. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 857, as amended, begin delete Perea end delete   begin insert Cooper end insert . begin delete California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program. end delete begin insert Firearms: identifying information. end insert

begin insert

Existing law authorizes the Department of Justice to assign a distinguishing number or mark of identification to any firearm whenever the firearm lacks a manufacturer’s number or other mark of identification, or whenever the manufacturer’s number or other mark of identification or distinguishing number or mark assigned by the department has been destroyed or obliterated.

end insert begin insert

This bill would, commencing July 1, 2018, require a person who manufactures or assembles a firearm to first apply to the department for a unique serial number or other identifying mark, as provided. The bill would, by January 1, 2019, require any person who, as of July 1, 2018, owns a firearm that does not bear a serial number to likewise apply to the department for a unique serial number or other mark of identification. The bill would, except as provided, prohibit the sale or transfer of ownership of a firearm manufactured or assembled pursuant to these provisions. The bill would prohibit a person from aiding in the manufacture or assembly of a firearm by a person who is prohibited from possessing a firearm. The bill would make a violation of these provisions a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

The bill would require the department to issue a serial number or other identifying mark to an applicant meeting specified criteria and would allow the department to charge a fee to recover its costs associated with assigning a distinguishing number or mark pursuant to the above provisions.

end insert begin insert

This bill would make a conforming change.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.

end delete begin delete

The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, upon appropriation from the Greenhouse Gas Reduction Fund, funds zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and related projects, as specified, with priority given to certain projects, including projects that benefit disadvantaged communities. The program, until January 1, 2018, requires no less than 20% of the funding made available for the purposes of technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology.

end delete begin delete

This bill, between January 2, 2018, and January 1, 2023, inclusive, annually would require no less than 50% or $100,000,000, whichever is greater, of the moneys allocated for technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology that meets or exceeds a specified emission standard.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

11106.  

(a) (1) In order to assist in the investigation of crime,
the prosecution of civil actions by city attorneys pursuant to
paragraph (3) of subdivision (b), the arrest and prosecution of
criminals, and the recovery of lost, stolen, or found property, the
Attorney General shall keep and properly file a complete record
of all of the following:

(A) All copies of fingerprints.

(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.

(C) Information reported to the Department of Justice pursuant
to Section 26225, 27875, 27920, begin insert 29180, end insert or 29830.

(D) Dealers’ records of sales of firearms.

(E) Reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585.

(F) Forms provided pursuant to Section 12084, as that section
read prior to being repealed on January 1, 2006.

(G) Reports provided pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800)
of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
records of sales of firearms.

(H) Information provided pursuant to Section 28255.

(I) Reports of stolen, lost, found, pledged, or pawned property
in any city or county of this state.

(2) The Attorney General shall, upon proper application therefor,
furnish the information to the officers referred to in Section 11105.

(b) (1) The Attorney General shall permanently keep and
properly file and maintain all information reported to the
Department of Justice pursuant to the following provisions as to
firearms and maintain a registry thereof:

(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of
Title 4 of Part 6.

(B) Article 1 (commencing with Section 27500) of Chapter 4
of Division 6 of Title 4 of Part 6.

(C) Chapter 5 (commencing with Section 28050) of Division 6
of Title 4 of Part 6.

(D) Any provision listed in subdivision (a) of Section 16585.

(E) Former Section 12084.

(F) Section 28255.

begin insert

(G) Section 29180.

end insert begin delete

(G)

end delete

begin insert (H) end insert  Any other law.

(2) The registry shall consist of all of the following:

(A) The name, address, identification of, place of birth (state
or country), complete telephone number, occupation, sex,
description, and all legal names and aliases ever used by the owner
or person being loaned the particular firearm as listed on the
information provided to the department on the Dealers’ Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
in former Section 12084, or reports made to the department
pursuant to any provision listed in subdivision (a) of Section 16585,
Section begin delete 28255, end delete begin insert 28255 end insert or begin insert 29180, or end insert any other law.

(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and
when the firearm was acquired or loaned as listed on the
information provided to the department on the Dealers’ Record of
Sale, the LEFT, or reports made to the department pursuant to any
provision listed in subdivision (a) of Section 16585 or any other
law.

(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.

(D) The manufacturer’s name if stamped on the firearm, model
name or number if stamped on the firearm, and, if applicable, the
serial number, other number (if more than one serial number is
stamped on the firearm), caliber, type of firearm, if the firearm is
new or used, barrel length, and color of the firearm, or, if the
firearm is not a handgun and does not have a serial number or any
identification number or mark assigned to it, that shall be noted.

(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.

(4) If any person is listed in the registry as the owner of a firearm
through a Dealers’ Record of Sale prior to 1979, and the person
listed in the registry requests by letter that the Attorney General
store and keep the record electronically, as well as in the record’s
existing photographic, photostatic, or nonerasable optically stored
form, the Attorney General shall do so within three working days
of receipt of the request. The Attorney General shall, in writing,
and as soon as practicable, notify the person requesting electronic
storage of the record that the request has been honored as required
by this paragraph.

(c) (1) If the conditions specified in paragraph (2) are met, any
officer referred to in paragraphs (1) to (6), inclusive, of subdivision
(b) of Section 11105 may disseminate the name of the subject of
the record, the number of the firearms listed in the record, and the
description of any firearm, including the make, model, and caliber,
from the record relating to any firearm’s sale, transfer, registration,
or license record, or any information reported to the Department
of Justice pursuant to any of the following:

(A) Section 26225, 27875, or 27920.

(B) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of
Title 4 of Part 6.

(C) Article 1 (commencing with Section 27500) of Chapter 4
of Division 6 of Title 4 of Part 6.

(D) Chapter 5 (commencing with Section 28050) of Division
6 of Title 4 of Part 6.

(E) Article 2 (commencing with Section 28150) of Chapter 6
of Division 6 of Title 4 of Part 6.

(F) Article 5 (commencing with Section 30900) of Chapter 2
of Division 10 of Title 4 of Part 6.

(G) Chapter 2 (commencing with Section 33850) of Division
11 of Title 4 of Part 6.

(H) Any provision listed in subdivision (a) of Section 16585.

(2) Information may be disseminated pursuant to paragraph (1)
only if all of the following conditions are satisfied:

(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being
prosecuted or is serving a sentence for the crime, or the subject of
the record is the subject of an emergency protective order, a
temporary restraining order, or an order after hearing, which is in
effect and has been issued by a family court under the Domestic
Violence Protection Act set forth in Division 10 (commencing
with Section 6200) of the Family Code.

(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.

(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim
of the crime with a “Victims of Domestic Violence” card, as
specified in subparagraph (H) of paragraph (9) of subdivision (c)
of Section 13701.

(3) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from
bodily harm by the person who is the subject of the record.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 16520 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16520.  

(a) As used in this part, “firearm” means a device,
designed to be used as a weapon, from which is expelled through
a barrel, a projectile by the force of an explosion or other form of
combustion.

(b) As used in the following provisions, “firearm” includes the
frame or receiver of the weapon:

(1) Section 16550.

(2) Section 16730.

(3) Section 16960.

(4) Section 16990.

(5) Section 17070.

(6) Section 17310.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26600 to 27140, inclusive.

(9) Sections 27400 to 28000, inclusive.

(10) Section 28100.

(11) Sections 28400 to 28415, inclusive.

(12) Sections 29010 to 29150, inclusive.

begin insert

(13) Section 29180.

end insert begin delete

(13)

end delete

begin insert (14) end insert  Sections 29610 to 29750, inclusive.

begin delete

(14)

end delete

begin insert (15) end insert  Sections 29800 to 29905, inclusive.

begin delete

(15)

end delete

begin insert (16) end insert  Sections 30150 to 30165, inclusive.

begin delete

(16)

end delete

begin insert (17) end insert  Section 31615.

begin delete

(17)

end delete

begin insert (18) end insert  Sections 31705 to 31830, inclusive.

begin delete

(18)

end delete

begin insert (19) end insert  Sections 34355 to 34370, inclusive.

begin delete

(19)

end delete

begin insert (20) end insert  Sections 8100, 8101, and 8103 of the Welfare and
Institutions Code.

(c) As used in the following provisions, “firearm” also includes
a rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:

(1) Section 16750.

(2) Subdivision (b) of Section 16840.

(3) Section 25400.

(4) Sections 25850 to 26025, inclusive.

(5) Subdivisions (a), (b), and (c) of Section 26030.

(6) Sections 26035 to 26055, inclusive.

(d) As used in the following provisions, “firearm” does not
include an unloaded antique firearm:

(1) Subdivisions (a) and (c) of Section 16730.

(2) Section 16550.

(3) Section 16960.

(4) Section 17310.

(5) Chapter 6 (commencing with Section 26350) of Division 5
of Title 4.

(6) Chapter 7 (commencing with Section 26400) of Division 5
of Title 4.

(7) Sections 26500 to 26588, inclusive.

(8) Sections 26700 to 26915, inclusive.

(9) Section 27510.

(10) Section 27530.

(11) Section 27540.

(12) Section 27545.

(13) Sections 27555 to 27585, inclusive.

(14) Sections 29010 to 29150, inclusive.

(15) Section 25135.

begin insert

(16) Section 29180.

end insert

(e) As used in Sections 34005 and 34010, “firearm” does not
include a destructive device.

(f) As used in Sections 17280 and 24680, “firearm” has the
same meaning as in Section 922 of Title 18 of the United States
Code.

(g) As used in Sections 29010 to 29150, inclusive, “firearm”
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame
or receiver.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 23910 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

23910.  

The Department of begin delete Justice end delete begin insert Justice, end insert upon begin delete request end delete begin insert request, end insert
may assign a distinguishing number or mark of identification to
any firearm whenever the firearm lacks a manufacturer’s number
or other mark of begin delete identification, or whenever end delete begin insert identification.
Whenever end insert the manufacturer’s number or other mark of
identification or a distinguishing number or mark assigned by the
department has been destroyed or begin delete obliterated. end delete begin insert obliterated, the
Department of Justice, upon request, shall assign a distinguishing
number or mark of identification to any firearm in accordance
with Section 29182. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Chapter 3 (commencing with Section 29180) is added
to Division 7 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 3. end insert Assembly of Firearms

 

begin insert 29180. end insert   

(a) For purposes of this chapter, “manufacturing” or
“assembling” a firearm means to fabricate or construct a firearm,
or to fit together the component parts of a firearm to construct a
firearm.

(b) Commencing July 1, 2018, prior to manufacturing or
assembling a firearm, a person manufacturing or assembling the
firearm shall do all of the following:

(1) Apply to the Department of Justice for a unique serial
number or other mark of identification pursuant to Section 29182.

(2) (A) Within 10 days of manufacturing or assembling a
firearm in accordance with paragraph (1), the unique serial
number or other mark of identification provided by the department
shall be engraved or permanently affixed to the firearm in a
manner that meets or exceeds the requirements imposed on licensed
importers and licensed manufacturers of firearms pursuant to
subsection (i) of Section 923 of Title 18 of the United States Code
and regulations issued pursuant thereto.

(B) If the firearm is manufactured or assembled from polymer
plastic, 3.7 ounces of material type 17-4 PH stainless steel shall
be embedded within the plastic upon fabrication or construction
with the unique serial number engraved or otherwise permanently
affixed in a manner that meets or exceeds the requirements imposed
on licensed importers and licensed manufacturers of firearms
pursuant to subsection (i) of Section 923 of Title 18 of the United
States Code and regulations issued pursuant thereto.

(3) After the serial number provided by the department is
engraved or otherwise permanently affixed to the firearm, the
person shall notify the department of that fact in a manner and
within a time period specified by the department, and with sufficient
information to identify the owner of the firearm, the unique serial
number or mark of identification provided by the department, and
the firearm in a manner prescribed by the department.

(c) By January 1, 2019, any person who, as of July 1, 2018,
owns a firearm that does not bear a serial number assigned to it
pursuant to either Section 23910 or pursuant to Chapter 44
(commencing with Section 921) of Part 1 of Title 18 of the United
States Code and the regulations issued pursuant thereto, shall do
all of the following:

(1) Apply to the Department of Justice for a unique serial
number or other mark of identification pursuant to Section 29182.

(2) Within 10 days of receiving a unique serial number or other
mark of identification from the department, the unique serial
number or other mark of identification provided by the department
shall be engraved or permanently affixed to the firearm in
accordance with regulations prescribed by the department pursuant
to Section 29182 and in a manner that meets or exceeds the
requirements imposed on licensed importers and licensed
manufacturers of firearms pursuant to subsection (i) of Section
923 of Title 18 of the United States Code and regulations issued
pursuant thereto.

(3) After the serial number provided by the department is
engraved or otherwise permanently affixed to the firearm, the
person shall notify the department of that fact in a manner and
within a time period specified by the department, and with sufficient
information to identify the owner of the firearm, the unique serial
number or mark of identification provided by the department, and
the firearm in a manner prescribed by the department.

(d) (1) The sale or transfer of ownership of a firearm
manufactured or assembled pursuant to this section is prohibited.

(2) Paragraph (1) shall not apply to the transfer, surrender, or
sale of a firearm to a law enforcement agency.

(3) Any firearms surrendered, transferred, or sold to a local
law enforcement agency pursuant to paragraph (2) shall be
destroyed as provided in Section 18005.

(4) Sections 26500 and 27545, and subdivision (a) of Section
31615, shall not apply to the transfer, sale, or surrender of firearms
to a law enforcement agency pursuant to paragraph (2).

(e) A person, corporation, or firm shall not knowingly allow,
facilitate, aid, or abet the manufacture or assembling of a firearm
pursuant to this section by a person who is within any of the classes
identified by Chapter 2 (commencing with Section 29800) or
Chapter 3 (commencing with Section 29900) of Division 9 of this
code, or Section 8100 or 8103 of the Welfare and Institutions Code.

(f) If the firearm is a handgun, a violation of this section is
punishable by imprisonment in a county jail not to exceed one
year, or by a fine not to exceed one thousand dollars ($1,000), or
by both that fine and imprisonment. For all other firearms, a
violation of this section is punishable by imprisonment in a county
jail not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
Each firearm found to be in violation of this section constitutes a
distinct and separate offense. This section does not preclude
prosecution under any other law providing for a greater penalty.

begin insert 29181. end insert   

Section 29180 does not apply to or affect any of the
following:

(a) A firearm that has a serial number assigned to it pursuant
to either Section 23910 or pursuant to Chapter 44 (commencing
with Section 921) of Part 1 of Title 18 of the United States Code
and the regulations issued pursuant thereto.

(b) A firearm made or assembled prior to December 16, 1968,
that is not a handgun.

(c) A firearm which was entered into the centralized registry
set forth in Section 11106 prior to July 1, 2018, as being owned
by a specific individual or entity if that firearm has assigned to it
a distinguishing number or mark of identification to that firearm
by virtue of the department accepting entry of that firearm into
the centralized registry.

(d) A firearm that has a serial number assigned to it pursuant
to Chapter 53 of Title 26 of the United States Code and the
regulations issued pursuant thereto.

(e) An antique firearm as defined in Section 479.11 of Title 27
of the Code of Federal Regulations.

begin insert 29182. end insert   

(a) (1) The Department of Justice shall accept
applications from, and shall grant applications in the form of serial
numbers pursuant to Section 23910 to, persons who wish to
manufacture or assemble firearms pursuant to subdivision (b) of
Section 29180.

(2) The Department of Justice shall accept applications from,
and shall grant applications in the form of serial numbers pursuant
to Section 23910 to, persons who wish to own a firearm described
in subdivision (c) of Section 29180.

(b) An application made pursuant to subdivision (a) shall only
be granted by the department if the applicant does all of the
following:

(1) For each transaction, completes a personal firearms
eligibility check, demonstrating that the applicant is not prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm.

(2) Presents proof of age and identity as specified in Section
16400. The applicant shall be 18 years of age or older to obtain
a unique serial number or mark of identification for a firearm that
is not a handgun, and shall be 21 years of age or older to obtain
a unique serial number or mark of identification for a handgun.

(3) Provides a description of the firearm that he or she owns
or intends to manufacture or assemble, in a manner prescribed by
the department.

(4) Has a valid firearm safety certificate or handgun safety
certificate.

(c) The department shall inform applicants who are denied an
application of the reasons for the denial in writing.

(d) All applications shall be granted or denied within 15
calendar days of the receipt of the application by the department.

(e) This chapter does not authorize a person to manufacture,
assemble, or possess a weapon prohibited under Section 16590,
an assault weapon as defined in Section 30510 or 30515, a
machinegun as defined in Section 16880, a .50 BMG rifle as
defined in Section 30530, or a destructive device as defined in
Section 16460.

(f) The department shall adopt regulations to administer this
chapter.

begin insert 29183. end insert   

The Department of Justice may charge an applicant a
fee for each distinguishing number or mark it issues in an amount
sufficient to reimburse it for the actual costs associated with
assigning a distinguishing number or mark to a firearm pursuant
to Sections 29180 and 29182 and for conducting a personal
firearms eligibility check pursuant to paragraph (1) of subdivision
(b) of Section 29182. All money received pursuant to this section
shall be deposited in the Dealers’ Record of Sale Special Account
of the General Fund, to be available upon appropriation by the
Legislature.

begin insert 29184. end insert   

The Department of Justice shall maintain and make
available upon request information concerning both of the
following:

(a) The number of serial numbers issued pursuant to Section
29182.

(b) The number of arrests for violations of Section 29180.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 30105 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

30105.  

(a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the personal
information required by Section 28160 or 28165, as applicable,
but not any information regarding any firearm, to the department,
in an application specified by the department.

(b) The department shall charge a fee of twenty dollars ($20)
for performing the eligibility check authorized by this section, but
not to exceed the actual processing costs of the department. After
the department establishes fees sufficient to reimburse the
department for processing costs, fees charged may increase at a
rate not to exceed the legislatively approved cost-of-living
adjustment for the department’s budget or as otherwise increased
through the Budget Act.

(c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any licensed
California Notary Public, and submit it by mail to the department.

(d) Upon receipt of a notarized application and fee, the
department shall do all of the following:

(1) Examine its records, and the records it is authorized to
request from the State Department of State Hospitals pursuant to
Section 8104 of the Welfare and Institutions Code, to determine
if the purchaser is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.

(2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department’s
notification shall state either “eligible to possess firearms as of the
date the check was completed” or “ineligible to possess firearms
as of the date the check was completed.”

(e) If the department determines that the information submitted
to it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the department
shall not be required to perform the firearms eligibility check.

(f) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department’s Internet Web site.

(g) The department shall be immune from any liability arising
out of the performance of the firearms eligibility check, or any
reliance upon the firearms eligibility check.

(h)  begin delete No end delete begin insert Except as provided in Sections 29180 and 29182, a end insert begin insert end insert
person or agency begin delete may end delete begin insert shall not end insert require or request begin delete another person end delete
begin insert an individual end insert to obtain a firearms eligibility check or notification
of a firearms eligibility check pursuant to this section. A violation
of this subdivision is a misdemeanor.

(i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:

“No person or agency may require or request begin delete another person end delete begin insert an
individual end insert to obtain a firearms eligibility check or notification of
firearms eligibility check pursuant to Section 30105 of the Penal
Code. A violation of these provisions is a misdemeanor.”

“If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as required
by law, a waiting period and background check are both required.”

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 39719.2 of the Health and Safety Code
is amended to read:

39719.2.  

(a) The California Clean Truck, Bus, and Off-Road
Vehicle and Equipment Technology Program is hereby created,
to be administered by the state board in conjunction with the State
Energy Resources Conservation and Development Commission.
The program, from moneys appropriated from the fund for the
purposes of the program, shall fund development, demonstration,
precommercial pilot, and early commercial deployment of zero-
and near-zero-emission truck, bus, and off-road vehicle and
equipment technologies. Priority shall be given to projects
benefiting disadvantaged communities pursuant to the requirements
of Sections 39711 and 39713.

(b) Projects eligible for funding pursuant to this section include,
but are not limited to, the following:

(1) Technology development, demonstration, precommercial
pilots, and early commercial deployments of zero- and
near-zero-emission medium- and heavy-duty truck technology,
including projects that help to facilitate clean goods-movement
corridors.

(A) Until January 1, 2018, no less than 20 percent of funding
made available for the purposes of this paragraph shall support
early commercial deployment of existing zero- and
near-zero-emission heavy-duty truck technology.

(B) (i) Between January 2, 2018, and January 1, 2023, inclusive,
annually no less than 50 percent or one hundred million dollars
($100,000,000), whichever is greater, of the moneys allocated for
the purposes of this paragraph shall be allocated and spent to
support the commercial deployment of existing zero- and
near-zero-emission heavy-duty truck technology that meets or
exceeds an emission standard of 0.02 grams per brake
horsepower-hour oxides of nitrogen, as described in the optional
low oxides of nitrogen emission standards in Section 1956.8 of
Title 13 of the California Code of Regulations.

(ii) (I) Between January 2, 2018, and January 1, 2020, inclusive,
a heavy-duty truck with an internal combustion engine receiving
moneys appropriated pursuant to this subparagraph shall use not
less than 30 percent renewable fuel.

(II) Beginning January 2, 2020, a heavy-duty truck with an
internal combustion engine receiving moneys appropriated pursuant
to this subparagraph shall use not less than 50 percent renewable
fuel.

(III) The state board may increase the minimum percentage of
renewable fuel required for the appropriation of moneys pursuant
to this subparagraph in subsequent years if the state board makes
a finding that a higher percentage is commercially feasible and the
State Energy Resources Conservation and Development
Commission makes a finding that there is a sufficient supply of
renewable energy fuel available. An increase adopted pursuant to
this subclause shall apply prospectively to moneys awarded after
the increase is adopted by the state board.

(IV) The percentage in effect at the time the moneys are awarded
to a heavy-duty truck with an internal combustion engine pursuant
to this subparagraph shall not change that award.

(V) This subparagraph does not alter or affect, in any way, the
amount of credit or grants for which a low-carbon fuel provider
or truck operator is eligible pursuant to law.

(2) Zero- and near-zero-emission bus technology development,
demonstration, precommercial pilots, and early commercial
deployments, including pilots of multiple vehicles at one site or
region.

(3) Zero- and near-zero-emission off-road vehicle and equipment
technology development, demonstration, precommercial pilots,
and early commercial deployments, including vehicles and
equipment in the port, agricultural, marine, construction, and rail
sectors.

(4) Purchase incentives, which may include point-of-sale, for
commercially available zero- and near-zero-emission truck, bus,
and off-road vehicle and equipment technologies and fueling
infrastructure to support early market deployments of alternative
technologies and to increase manufacturer volumes and accelerate
market acceptance.

(5) Projects that support greater commercial motor vehicle and
equipment freight efficiency and greenhouse gas emissions
reductions, including, but not limited to, advanced intelligent
transportation systems, autonomous vehicles, and other freight
information and operations technologies.

(c) The state board, in consultation with the State Energy
Resources Conservation and Development Commission, shall
develop guidance through the existing Air Quality Improvement
Program funding plan process for the implementation of this
section that is consistent with the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500)) and this chapter.

(d) The guidance developed pursuant to subdivision (c) shall
do all of the following:

(1) Outline performance criteria and metrics for deployment
incentives. The goal shall be to design a simple and predictable
structure that provides incentives for truck, bus, and off-road
vehicle and equipment technologies that provide significant
greenhouse gas reduction and air quality benefits.

(2) Ensure that program investments are coordinated with
funding programs developed pursuant to the California Alternative
and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon
Reduction Act of 2007 (Chapter 8.9 (commencing with Section
44270) of Part 5).

(3) Promote projects that assist the state in reaching its climate
goals beyond 2020, consistent with Sections 38550 and 38551.

(4) Promote investments in medium- and heavy-duty trucking,
including, but not limited to, vocational trucks, short-haul and
long-haul trucks, buses, and off-road vehicles and equipment,
including, but not limited to, port equipment, agricultural
equipment, marine equipment, and rail equipment.

(5) Implement purchase incentives for eligible technologies to
increase the use of the cleanest vehicles in disadvantaged
communities.

(6) Allow for remanufactured and retrofitted vehicles to qualify
for purchase incentives if those vehicles meet warranty and
emissions requirements, as determined by the state board.

(7) Establish a competitive process for the allocation of moneys
for projects funded pursuant to this section.

(8) Leverage, to the maximum extent feasible, federal or private
funding.

(9) Ensure that the results of emissions reductions or benefits
can be measured or quantified.

(10) Ensure that activities undertaken pursuant to this section
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminants.

(e) In evaluating potential projects to be funded pursuant to this
section, the state board shall give priority to projects that
demonstrate one or more of the following characteristics:

(1) Benefit disadvantaged communities pursuant to Sections
39711 and 39713.

(2) The ability to leverage additional public and private funding.

(3) The potential for cobenefits or multiple-benefit attributes.

(4) The potential for the project to be replicated.

(5) Regional benefit, with focus on collaboration between
multiple entities.

(6) Support for technologies with broad market and emissions
reduction potential.

(7) Support for projects addressing technology and market
barriers not addressed by other programs.

(8) Support for enabling technologies that benefit multiple
technology pathways.

(f) In the implementation of this section, the state board, in
consultation with the State Energy Resources Conservation and
Development Commission, shall create an annual framework and
plan. The framework and plan shall be developed with public input
and may utilize existing investment plan processes and workshops
as well as existing state and third-party research and technology
roadmaps. The framework and plan shall do all of the following:

(1) Articulate an overarching vision for technology development,
demonstration, precommercial pilot, and early commercial
deployments, with a focus on moving technologies through the
commercialization process.

(2) Outline technology categories, performance criteria, and
required mandates for technologies and applications that may be
considered for funding pursuant to this section. This shall include
technologies and low-carbon fuel requirements for medium- and
heavy-duty trucking, including, but not limited to, vocational
trucks, short-haul and long-haul trucks, buses, and off-road vehicles
and equipment, including, but not limited to, port equipment,
agricultural equipment, construction equipment, marine equipment,
and rail equipment.

(3) Describe the roles of the relevant agencies and the process
for coordination among agencies, program participants, and
low-carbon fuel providers.

(g) For purposes of this section, the following terms have the
following meanings:

(1) Effective January 2, 2018, “Heavy-duty truck” means a
vehicle that has a gross vehicle weight rate (GVWR) of 26,001
pounds or more.

(2) “Zero- and near-zero-emission” means vehicles, fuels, and
related technologies that reduce greenhouse gas emissions and
improve air quality when compared with conventional or fully
commercialized alternatives, as defined by the state board in
consultation with the State Energy Resources Conservation and
Development Commission. “Zero- and near-zero-emission” may
include, but is not limited to, zero-emission technology, enabling
technologies that provide a pathway to emissions reductions,
advanced or alternative fuel engines for long-haul trucks, and
hybrid or alternative fuel technologies for trucks and off-road
equipment.

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