Bill Text: CA AB1453 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Protection of orcas: unlawful activities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2016-11-30 - Died on Senate third reading file. [AB1453 Detail]

Download: California-2015-AB1453-Amended.html

---

BILL NUMBER: AB 1453	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 10, 2016
	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Member  Rendon   Bloom


                        FEBRUARY 27, 2015

    An act to add Section 768.3 to the Public Utilities Code,
relating to public utilities.   An act to add Section
4502 to the Fish and Game Code, relating to marine mammals, and
declaring the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1453, as amended,  Rendon   Bloom  .
 Electrical corporations: underground electrical facilities:
worker safety.   Protection of orcas: unlawful
activities.  
   (1) Existing law makes it unlawful to take any marine mammal, as
defined, except as provided under specified federal laws.  
   This 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.  
   The 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.  
   (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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.  
   The 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.
 
   This 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.  
   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. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


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

   SECTION 1.    Section 4502 is added to the  
Fish and Game Code  , to read:  
   4502.  This section shall be known, and may be cited, as the
California Orca Protection Act.
   (a) It is unlawful for any person to do any of the following:
   (1) (A) Except as provided in subparagraph (B) and subdivision
(c), hold in captivity an orca, whether wild-caught or captive-bred,
for any purpose, including, but not limited to, display, performance,
or entertainment purposes.
   (B) An orca located in the state on the effective date of this act
may continue to be held in captivity for its current purpose until
June 1, 2017, and thereafter may be used only for educational
presentations.
   (2) Breed or impregnate any orca held in captivity in the state.
   (3) Export, collect, or import the semen, other gametes, or
embryos of an orca held in captivity for the purpose of artificial
insemination.
   (4) Export, transport, move, or sell an orca located in the state
to another state or country unless otherwise authorized by federal
law or if the transfer is to another facility within North America
that meets standards comparable to those provided under the Animal
Welfare Act (7 U.S.C. Sec. 2131 et seq.).
   (b) A person, corporation, or institution that intentionally or
negligently violates subdivision (a) is guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not to exceed
one hundred thousand dollars ($100,000).
   (c) This section does not apply to an orca that is held for
rehabilitation after a rescue or stranding or for research purposes.
However, an orca that is held for rehabilitation or research purposes
shall be returned to the wild whenever possible and, if return to
the wild is not possible, the orca may be used for educational
presentations, but shall not be used for breeding, performance, or
entertainment purposes.
   (d) As used in this section, the following terms are defined as
follows:
    (1) "Educational presentation" means a live, scheduled orca
display in the presence of spectators that includes natural
behaviors, enrichment, exercise activities, and a live narration and
video content that provides science-based education to the public
about orcas.
   (2) "Orca" means a killer whale (Orcinus orca).
   (e)  The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application. 
   SEC. 2.    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. 
   SEC.   3   .    This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:  
   In order to ensure the protection of Orcas at the earliest
possible time, it is necessary that this act take effect immediately.
 
  SECTION 1.    Section 768.3 is added to the Public
Utilities Code, to read:
   768.3.  (a) The Legislature finds and declares all of the
following:
   (1) Electrical equipment, including transformers and switches,
housed in underground facilities, such as manholes and vaults,
present an extremely hazardous working environment if work is
attempted while the equipment is energized.
   (2) There have been numerous fatalities and serious injuries when
work has been performed in underground electrical facilities while
the equipment was energized.
   (3) California has thousands of underground electrical facilities.
The commission has provided electrical corporations with limited
authority to avoid installing additional underground electrical
facilities.
   (4) Work is performed in underground electrical facilities by both
employees of the electrical corporation and by employees of outside
contractors. Some of these employees do not have the technical
training to know how to deenergize the equipment, to perform a hot
scan or gas test, to determine if the equipment has been deenergized,
and to make safe a confined space working environment. These
employees can be at severe risk if electrical equipment is not
properly deenergized and set to avoid automatically becoming
reenergized.
   (5) Only a qualified electrical worker has the training and
qualifications to ensure that an underground electrical facility has
been fully deenergized and that it is safe to proceed with the work
in the facility.
   (b) By January 1, 2017, the commission shall adopt a rule
regulating work performed in underground electrical facilities by, or
on behalf of, an electrical corporation that does all of the
following:
   (1) Prohibits work directly on energized underground electrical
equipment.
   (2) Requires a qualified electrical worker to determine that
underground electrical equipment has been deenergized and is in a
mode that would make the equipment safe to be worked on.
   (c) For the purposes of this section, the following terms mean the
following:
   (1) "Qualified electrical worker" has the same meaning as set
forth in Section 2700 of Title 8 of the California Code of
Regulations.
   (2) "Underground electrical equipment" means equipment energized
in excess of 600 volts and all or part of the equipment is in an
underground electrical facility.
   (3) "Underground electrical facility" means a vault, manhole, or
other subsurface confined structure.  
  SEC. 2.    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.