BILL NUMBER: SB 716	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Lara

                        FEBRUARY 27, 2015

   An act to  amend Section 2840.4 of the Public Utilities
Code, relating to energy.   amend, repeal, and add
Section 596.5 of the Penal Code, relating to animal cruelty. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 716, as amended, Lara.  Waste Heat and Carbon Emissions
Reduction Act.   Animal cruelty: elephants.  
   Existing law makes it a misdemeanor for any owner or manager of an
elephant to engage in abusive behavior toward the elephant, which
includes disciplining an elephant by specified methods, including,
but not limited to, use of electricity.  
   This bill would, beginning January 1, 2018, additionally provide
that abusive behavior toward the elephant includes the discipline,
management, or training of the elephant by specified methods,
including the use of a bullhook, ankus, guide, or pitchfork. By
expanding the scope of a crime, the bill would impose a
state-mandated local program. 
   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 Waste Heat and Carbon Emissions Reduction Act finds and
declares, among other things, that combined heat and power systems
produce both electricity and thermal energy from a single fuel input,
thus achieving much greater efficiency than the usual separate
systems for producing these forms of energy and reducing the
consumption of fuel.  
   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 596.5 of the   Penal
Code   is amended to read: 
   596.5.   (a)    It shall be a misdemeanor for
any owner or manager of an elephant to engage in abusive behavior
 towards   toward  the elephant, 
which behavior shall include   including  the
discipline of the elephant by any of the following methods: 
   (a) 
    (1)  Deprivation of food, water, or rest. 
   (b) 
    (2)  Use of electricity. 
   (c) 
    (3)  Physical punishment resulting in damage, scarring,
or breakage of skin. 
   (d) 
   (4)  Insertion of any instrument into any bodily orifice.

   (e) 
    (5)  Use of martingales. 
   (f) 
    (6)  Use of block and tackle. 
   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
   SEC. 2.    Section 596.5 is added to the  
Penal Code   , to read:  
   596.5.  (a) It shall be a misdemeanor for an owner or manager of
an elephant to engage in abusive behavior toward the elephant,
including the discipline, management, or training of the elephant by
any of the following methods:
   (1) Deprivation of food, water, or rest.
   (2) Use of electricity.
   (3) Physical punishment resulting in damage, scarring, or breakage
of skin.
   (4) Insertion of any instrument into any bodily orifice.
   (5) Use of martingales.
   (6) Use of block and tackle.
   (7) Use of a bullhook, ankus, guide, or pitchfork, including the
use of those devices without making contact.
   (b) This section shall become operative on January 1, 2018. 
   SEC. 3.   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.  
  SECTION 1.    Section 2840.4 of the Public
Utilities Code is amended to read:
   2840.4.  The Legislature finds and declares all of the following:
   (a) Combined heat and power systems produce both electricity and
thermal energy from a single fuel input, thus achieving much greater
efficiency than the usual separate systems for producing these forms
of energy and reducing the consumption of fuel.
   (b) Combined heat and power systems recover heat that would
otherwise be wasted in separate energy applications and use this heat
to avoid consumption of fuel that would otherwise be required to
produce heat.
   (c) Gigawatthours of potential useful electricity and millions of
British thermal units of thermal energy could be derived from unused
waste heat that is currently being vented into the atmosphere.