| Issue: |
BODY ARMOR RESTRICTIONS (Perez, V.) |
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| Description: |
AB 960, as amended, V. Manuel Perez. Body armor.
Renewable energy resources: powerplant siting:
California Endangered Species Act: mitigation measures.
(1) The Warren-Alquist State Energy Resources Conservation and
Development Act establishes the State Energy Resources Conservation
and Development Commission (Energy Commission) and requires it to
certify sufficient sites and related facilities that are required to
provide a supply of electricity sufficient to accommodate projected
demand for power statewide. The act grants the Energy Commission the
exclusive authority to certify any stationary or floating electrical
generating facility using any source of thermal energy, with a
generating capacity of 50 megawatts or more, and any facilities
appurtenant thereto. Existing law requires the Energy Commission to
establish a process for certain applicants for certification of a
solar thermal powerplant that are proposed to be constructed in the
planning area for the Desert Renewable Energy Conservation Plan, as
defined, that allows the applicant to elect to pay additional fees to
be used by the Energy Commission to contract with 3rd parties to
assist the Energy Commission staff in performing the analysis
otherwise performed by staff in determining whether or not to issue a
certification.
This bill additionally would require the Energy Commission to
establish a process for certain applicants for certification of a
geothermal powerplant that is proposed to be constructed in the
planning area for the Desert Renewable Energy Conservation Plan, that
allows the applicant to elect to pay additional fees to be used by
the Energy Commission to contract with 3rd parties to assist the
Energy Commission staff in performing the analysis otherwise
performed by staff in determining whether or not to issue a
certification.
(2) The California Endangered Species Act (CESA) requires the Fish
and Game Commission to establish a list of endangered species and a
list of threatened species and requires the Department of Fish and
Game to recommend, and the commission to adopt, criteria for
determining if a species is endangered or threatened. CESA states
that state agencies should not approve projects, as defined, that
would jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse
modification of habitat essential to the continued existence of the
species if there are reasonable and prudent alternatives available
consistent with conserving the species or its habitat that would
prevent jeopardy. CESA further declares that in the event specific
economic, social, or other conditions make infeasible these
alternatives, individual projects may be approved if appropriate
mitigation and enhancement measures are provided. CESA authorizes the
department to authorize the take of threatened species, endangered
species, or candidate species by permit if certain requirements are
met. CESA authorizes the department, in consultation with the Energy
Commission and, to the extent practicable, the United States Fish and
Wildlife Service and the United States Bureau of Land Management, to
design and implement actions to protect, restore, or enhance the
habitat of plants and wildlife that can be used to fully mitigate the
impacts of the take of endangered, threatened, or candidate species
(mitigation actions) resulting from certain solar thermal and
photovoltaic powerplants in the planning area of the Desert Renewable
Energy Conservation Plan.
This bill additionally would authorize the department to design
and implement mitigation actions for proposed wind and geothermal
powerplants in the planning area of the Desert Renewable Energy
Conservation Plan and would eliminate certain requirements for
participation in the department's mitigation actions.
(3) Existing law establishes the Renewable Energy Resources
Development Fee Trust Fund as a continuously appropriated fund in the
State Treasury to serve, and be managed, as an optional, voluntary
method for developers or owners of eligible projects, as defined, to
deposit fees sufficient to complete mitigation actions established by
the department and thereby meet their requirements pursuant to CESA
or the certification authority of the Energy Commission. The
definition of eligible projects is limited to certain solar thermal
powerplants and photovoltaic powerplants proposed to be constructed
in the planning area of the Desert Renewable Energy Conservation
Plan.
This bill would expand the definition of eligible projects to
include wind powerplants and geothermal powerplants proposed to be
constructed in the planning area of the Desert Renewable Energy
Conservation Plan. By expanding the purposes for which moneys in this
continually appropriated fund may be used, this bill would make an
appropriation.
Existing law provides that any person who has been convicted of a
violent felony who purchases, owns, or possesses body armor, as
defined in the California Code of Regulations, except as authorized,
is guilty of a felony, punishable by imprisonment in a state prison
for 16 months, or 2 or 3 years. However, the court, in People v.
Saleem (Cal.App. 2nd Dist., Dec. 17, 2009, B204646), held that this
provision, with body armor so defined, is unconstitutionally vague in
violation of due process.
This bill would revise the definition of body armor for these
purposes, as specified.
By expanding the scope of an existing crime, this 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: yes no .
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| Latest Info: |
09/16/2009 - AB 960 failed to pass the legislature in 2009 but may return in 2010.
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| Action needed: |
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