Bill Text: CA AB1299 | 2019-2020 | Regular Session | Amended


Bill Title: Peace officers: employment.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2020-07-02 - Re-referred to Com. on PUB. S. [AB1299 Detail]

Download: California-2019-AB1299-Amended.html

Amended  IN  Senate  June 29, 2020
Amended  IN  Senate  September 10, 2019
Amended  IN  Senate  July 02, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1299


Introduced by Assembly Member Salas
(Principal coauthors: Senators Grove and Hurtado)

February 22, 2019


An act to amend Section 42705.6 of the Health and Safety Code, add Section 13510.8 to the Penal Code, relating to nonvehicular air pollution. peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1299, as amended, Salas. Petroleum refineries: air monitoring systems. Peace officers: employment.
Existing laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers, including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental conditions, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction.
Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum.
This bill would require any agency that employs peace officers to notify the commission when a peace officer separates from employment, including details of any termination or resignation in lieu of termination. This bill would require an agency to notify the commission if an officer leaves the agency with a complaint, charge, or investigation pending, and would require the agency to complete the investigation and notify the commission of its findings. The bill would require the commission to include this information in an officer’s profile and make that information available to specified parties including any law enforcement agency that is conducting a preemployment background investigation of the subject of the profile.
By requiring new duties of local law enforcement agencies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires a refinery-related community air monitoring system, as defined, to be installed on or before January 1, 2020, as specified, and requires an air district to design, develop, install, operate, and maintain the refinery-related community air monitoring system or to contract with a 3rd party to provide those services. Existing law requires an owner or operator of a petroleum refinery to develop, install, operate, and maintain a fence-line monitoring system, as defined, on or before January 1, 2020, as specified.

This bill, for the above-stated purposes, would define petroleum refinery, as specified, and exclude certain small refineries.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 13510.8 is added to the Penal Code, to read:

13510.8.
 (a) Every law enforcement agency, including any police department, sheriffs department, or other entity that employs any peace officer, shall notify the commission within 10 days, in a form approved by the commission, after a peace officer employed by that agency separates from employment, including, without limitation, any termination, resignation, or retirement.
(b) The notification described in subdivision (a) shall include a factual summary of the circumstances of any termination or any resignation in lieu of termination.
(c) If a peace officer resigns or retires with a pending complaint, charge, or investigation of a serious nature, the employing agency shall do all of the following:
(1) Specify in the notification to the commission that the officer has resigned or retired with a pending complaint, charge, or investigation.
(2) Specify in the notification the specific nature of the complaint, charge, or investigation, including a brief summary of allegations.
(3) Complete the investigation in a thorough and unbiased manner.
(4) Upon completion of the investigation, report to the commission on whether the charges were sustained, not sustained, or unfounded.
(5) In the event of a sustained complaint, include a summary of facts.
(d) For the purposes of subdivision (c), a complaint, charge, or investigation of a serious nature means one that would likely result in the termination, demotion, or suspension of the officer for 30 days or more, if the charges were sustained and the officer had still been employed by the agency.
(e) (1) The commission shall include the information reported pursuant to this section in an officer’s profile, in a form determined by the commission, and in a manner that may be accessed by the subject of the profile, by any employing law enforcement agency of the subject of the profile, and by any law enforcement agency that is performing a preemployment background investigation of the subject of the profile.
(2) If an agency reports to the commission pursuant to paragraph (4) of subdivision (c) that an investigation resulted in a finding that a charge is not sustained or unfounded, the commission shall remove any reference to the charge, complaint, or investigation from the person’s profile.
(f) The commission may adopt regulations to carry out this section.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 42705.6 of the Health and Safety Code is amended to read:
42705.6.

(a)For purposes of this section, the following definitions apply:

(1)“Refinery-related community air monitoring system” means equipment that measures and records air pollutant concentrations in the ambient air at or near sensitive receptor locations near a petroleum refinery and that may be useful for estimating associated pollutant exposures and health risks and in determining trends in air pollutant levels over time.

(2)“Fence-line monitoring system” means equipment that measures and records air pollutant concentrations at or adjacent to a petroleum refinery and that may be useful for detecting or estimating the quantity of fugitive emissions, gas leaks, and other air emissions from the refinery.

(3)“Petroleum refinery” has the same meaning as “refinery” in paragraph (31) of subdivision (a) of Section 2260 of Title 13 of the California Code of Regulations. “Petroleum refinery” does not include a refinery described in paragraph (32) of subdivision (a) of Section 2260 of Title 13 of the California Code of Regulations that is located within a community that has a population of less than 3,000 residents within one mile of the refinery.

(b)Notwithstanding Section 42708, and on or before January 1, 2020, a refinery-related community air monitoring system shall be installed near each refinery that is consistent with the requirements and guidance applicable to the siting of air quality monitors as established by the federal Environmental Protection Agency and that meets all of the following requirements:

(1)A district shall design, develop, install, operate, and maintain the refinery-related community air monitoring system, which shall be operated and maintained in accordance with guidance from the appropriate district. A district may contract with a third party to implement this paragraph.

(2)The refinery-related community air monitoring system shall include equipment capable of measuring compounds emitted to the atmosphere from refinery processes, as determined by the appropriate district.

(c)On or before January 1, 2020, the owner or operator of a petroleum refinery shall develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the appropriate district.

(d)The district and the owner or operator of a petroleum refinery shall collect real-time data from the refinery-related community air monitoring system and the fence-line monitoring system and shall maintain records of that data. To the extent feasible, the data generated by these systems shall be provided to the public as quickly as possible in a publicly accessible format.

(e)Guidance developed by a district pursuant to this section shall take into account technological capabilities and incorporate input from affected parties and, to the extent feasible, shall be informed by refinery-related guidance in the monitoring plan prepared pursuant to subdivision (b) of Section 42705.5.

(f)(1)Except as provided in paragraph (2), the owner or operator of a petroleum refinery shall be responsible for the costs associated with implementing this section.

(2)To the extent a refinery-related community air monitoring system is intentionally utilized by a district to monitor emissions from sources under its jurisdiction other than a petroleum refinery, the district shall ensure the costs of the system are shared in a reasonably equitable manner.

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