AB 1453,
as amended, begin deleteRendonend delete begin insertBloomend insert. begin deleteElectrical corporations: underground electrical facilities: worker safety. end deletebegin insertProtection of orcas: unlawful activities.end insert
(1) Existing law makes it unlawful to take any marine mammal, as defined, except as provided under specified federal laws.
end insertbegin insertThis bill would make it unlawful to hold in captivity an orca, whether wild-caught or captive-bred, for any purpose, including for display, performance, or entertainment purposes; to breed or impregnate an orca held in captivity; to export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination; or to export, transport, move, or sell an orca located in the state to another state or country, except as provided.
end insertbegin insertThe bill would provide that a person, corporation, or institution that intentionally or negligently violates these provisions is guilty of a misdemeanor punishable by a fine not to exceed $100,000. By creating a new crime, the bill would impose a state-mandated local program.
end insertbegin insert(2) 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 insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertbegin insert(3) This bill would declare that it is to take effect immediately as an urgency statute.
end insertThe Public Utilities Act authorizes the Public Utilities Commission to require public utilities, including electrical corporations, to construct, maintain, and operate their facilities and equipment to promote and safeguard the health and safety of its employees. A violation of the Public Utilities Act, or any decision, rule, direction, demand, or requirement of the commission is a crime.
end deleteThis bill would require the commission, by January 1, 2017, to adopt a rule regulating work performed in underground electrical facilities by, or on behalf of, an electrical corporation that is consistent with certain worker safety protections. Because a violation of the rule would be a crime, this bill would impose a state-mandated local program.
end deleteThe 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 deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 4502 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
2to read:end insert
This section shall be known, and may be cited, as the
4California Orca Protection Act.
5
(a) It is unlawful for any person to do any of the following:
6
(1) (A) Except as provided in subparagraph (B) and subdivision
7(c), hold in captivity an orca, whether wild-caught or captive-bred,
8for any purpose, including, but not limited to, display, performance,
9or entertainment purposes.
10
(B) An orca located in the state on the effective date of this act
11may continue to be held in captivity for its current purpose until
P3 1June 1, 2017, and thereafter may be used only for educational
2presentations.
3
(2) Breed or impregnate any orca held in captivity in the state.
4
(3) Export, collect, or import the semen, other gametes, or
5embryos of an orca held in captivity for the purpose of artificial
6insemination.
7
(4) Export, transport, move, or sell an orca located in the state
8to another state or country unless otherwise authorized by federal
9law or if the transfer is to another facility within North America
10that meets standards comparable to those provided under the
11Animal Welfare Act (7 U.S.C. Sec. 2131 et seq.).
12
(b) A person, corporation, or institution that intentionally or
13negligently violates subdivision (a) is guilty of a misdemeanor
14and, upon conviction thereof, shall be punished by a fine not to
15exceed one hundred thousand dollars ($100,000).
16
(c) This section does not apply to an orca that is held for
17rehabilitation after a rescue or stranding or for research purposes.
18However, an orca that is held for rehabilitation or research
19purposes shall be returned to the wild whenever possible and, if
20return to the wild is not possible, the orca may be used for
21educational presentations, but shall not be used for breeding,
22performance, or entertainment purposes.
23
(d) As used in this section, the following terms are defined as
24follows:
25
(1) “Educational presentation” means a live, scheduled orca
26display in the presence of spectators that includes natural
27behaviors, enrichment, exercise activities, and a live narration
28and video content that provides science-based education to the
29public about orcas.
30
(2) “Orca” means a killer whale (Orcinus orca).
31
(e) The provisions of this section are severable. If any provision
32of this section or its application is held invalid, that invalidity shall
33not affect other provisions or applications that can be given effect
34without the invalid provision or application.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P4 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:
8
In order to ensure the protection of Orcas at the earliest possible
9time, it is necessary that this act
take effect immediately.
Section 768.3 is added to the Public Utilities
11Code, to read:
(a) The Legislature finds and declares all of the
13following:
14(1) Electrical equipment, including transformers and switches,
15housed in underground facilities, such as manholes and vaults,
16present an extremely hazardous working environment if work is
17attempted while the equipment is energized.
18(2) There have been numerous fatalities and serious injuries
19when work has been performed in underground electrical facilities
20while the equipment was energized.
21(3) California has thousands of underground electrical facilities.
22The commission has provided electrical corporations with limited
23authority to avoid installing additional underground electrical
24facilities.
25(4) Work is performed in underground electrical facilities by
26both employees of the electrical corporation and by employees of
27outside contractors. Some of these employees do not have the
28technical training to know how to deenergize the equipment, to
29perform a hot scan or gas test, to determine if the equipment has
30been deenergized, and to make safe a confined space working
31environment. These employees can be at severe risk if electrical
32equipment is not properly deenergized and set to avoid
33automatically becoming reenergized.
34(5) Only a qualified electrical worker has the training and
35qualifications to ensure that an underground electrical facility has
36been fully deenergized and that it is safe to proceed with the work
37in the facility.
38(b) By January 1, 2017, the commission shall adopt a rule
39regulating work performed in underground electrical facilities by,
P5 1or on behalf of, an electrical corporation that does all of the
2following:
3(1) Prohibits work directly on energized underground electrical
4equipment.
5(2) Requires a qualified electrical worker to determine that
6underground electrical equipment has been deenergized and is in
7a mode that would make the equipment safe to be worked on.
8(c) For the purposes of this section, the following terms mean
9the following:
10(1) “Qualified electrical worker” has the same meaning as set
11forth in Section 2700 of Title 8 of the California Code of
12Regulations.
13(2) “Underground electrical equipment” means equipment
14
energized in excess of 600 volts and all or part of the equipment
15is in an underground electrical facility.
16(3) “Underground electrical facility” means a vault, manhole,
17or other subsurface confined structure.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
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