BILL NUMBER: SB 1535 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Padilla
FEBRUARY 24, 2012
An act to amend Section 142 of the Penal Code, relating
to crime add and repeal Section 38599.5 of the Health
and Safety Code, relating to air pollution .
LEGISLATIVE COUNSEL'S DIGEST
SB 1535, as amended, Padilla. Crime: county jails.
California Global Warming Solutions Act of 2006: water
industry study.
Existing law, 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 state board is required to adopt a statewide greenhouse
gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020, and to adopt rules
and regulations in an open public process to achieve the maximum,
technologically feasible, and cost-effective greenhouse gas emission
reductions. Existing law authorizes the state board to include
market-based compliance mechanisms, as defined, to comply with the
regulations.
This bill would require, by July 1, 2013, the state board to
conduct a thorough study and present its written findings to the
Legislature, as prescribed, on the benefits that can be achieved
through specific water sector measures in lieu of regulating the
water industry under market-based compliance mechanisms with a
specific compliance obligation.
Existing law makes a peace officer who has the authority to
receive or arrest a person charged with a criminal offense and who
willfully refuses to receive or arrest that person guilty of a crime,
punishable by a fine not to exceed $10,000, imprisonment in a county
jail, as specified, as either a misdemeanor or a felony, or by both
that fine and imprisonment. Existing law also authorizes a sheriff to
determine whether a jail, institution, or facility under his or her
direction is designated as a reception, holding, or confinement
facility and to designate the class of prisoners for which the
facility is used.
This bill would make technical, nonsubstantive changes to these
provisions.
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. The Legislature finds and declares as
follows:
(a) The California Global Warming Solutions Act of 2006, Division
25.5 (commencing with Section 38500) of the Health and Safety Code,
(Assembly Bill 32; Chapter 488 of the Statutes of 2006) declares that
global warming poses a serious threat to the economic well-being,
public health, natural resources, and environment of California and
creates a comprehensive multiyear program to reduce California's
greenhouse gas emissions to 1990 levels by 2020.
(b) Under Assembly Bill 32, pursuant to Sections 39600 and 39601
of the Health and Safety Code, the Legislature authorizes the State
Air Resources Board (state board) to adopt standards, rules, and
regulations and to act as may be necessary for the proper execution
of the powers and duties granted to and imposed upon the state board
by law.
(c) Subdivision (c) of Section 38562 and Section 38570 of the
Health and Safety Code authorize the state board to adopt regulations
that utilize market-based compliance mechanisms.
(d) Pursuant to this authority, the state board adopted Resolution
11-32 on October 20, 2011, adopting the Final Regulation Order for
the California Cap on Greenhouse Gas Emissions and Market-Based
Compliance Mechanisms (Sections 95800 to 96023, inclusive, of Title
17 of the California Code of Regulations) including the four Final
Compliance Offset Protocols (hereafter cap-and-trade regulations).
(e) As part of Resolution 11-32, the state board directed its
executive officer to continue discussions with water industry
stakeholders to identify and propose potential amendments to the
cap-and-trade regulations to address the distribution of allowance
value associated with cap-and-trade compliance costs from using
electricity to supply water, and the expected ability of allowance
allocation and other measures to adequately address the incidence of
these costs equitably across regions of the state.
(f) To date, the state board has not adequately addressed the
adverse impacts on the water industry.
(g) The Legislature directs the state board to evaluate the
benefits that can be achieved through specific water sector measures,
such as the policy development work being done by the Water Energy
Team of the Climate Action Team (WETCAT), in lieu of regulating the
water industry under cap-and-trade regulations with a specific
compliance obligation.
SEC. 2. Section 38599.5 is added to the
Health and Safety Code , to read:
38599.5. (a) By July 1, 2013, the state board shall conduct a
thorough study and present its written findings to the Legislature on
the benefits that can be achieved through specific water sector
measures, such as the policy development work being done by the Water
Energy Team of the Climate Action Team (WETCAT), in lieu of
regulating the water industry with a specific compliance obligation
by regulation adopted pursuant to Section 38570.
(b) (1) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on July 1, 2017.
SECTION 1. Section 142 of the Penal Code is
amended to read:
142. (a) A peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest that person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in a
county jail not exceeding one year, or pursuant to subdivision (h) of
Section 1170, or by both that fine and imprisonment.
(b) Notwithstanding subdivision (a), the sheriff may determine
whether a jail, institution, or facility under his or her direction
shall be designated as a reception, holding, or confinement facility,
or shall be used for several of those purposes, and may designate
the class of prisoners for which a facility shall be used.
(c) This section shall not apply to arrests made pursuant to
Section 837.