Bill Text: CA AB147 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Economic development projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-07 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB147 Detail]

Download: California-2013-AB147-Amended.html

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BILL NUMBER: AB 147	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2014
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013

INTRODUCED BY   Assembly Member V. Manuel Pérez
    (   Principal coauthor: 
 Senator   Hueso  )


                        JANUARY 18, 2013

   An act to  add Chapter 6 (commencing with Section 42750)
to Part 4 of Division 26 of the Health and Safety Code, relating to
the environment.   amend Sections 3000.08 and 3451 of
the Penal Code, relating to punishment. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 147, as amended, V. Manuel Pérez.  Environment: Salton
Sea: dust mitigation.   Realignment Omnibus Act of 2014.
 
   Existing law requires that all persons released from prison after
serving a prison term for a felony, be subject to postrelease
community supervision provided by a county agency for a period of 3
years immediately following release, except for persons released
after serving a term for a serious felony, a violent felony, an
offense for which the person was sentenced pursuant to the 3 strikes
law, a crime where the person is classified as a high-risk sex
offender, or a crime where the person is required to undergo
treatment by the State Department of State Hospitals because the
person has a severe mental disorder. Existing law requires that these
persons be subject to parole supervision by the Department of
Corrections and Rehabilitation following release from state prison
and the jurisdiction of the court in the county in which the parolee
is released, resides, or in which an alleged violation of supervision
has occurred.  
   This bill would also require that any person who is released from
prison who has a prior conviction for any of the above crimes be
subject to parole supervision by the department and the jurisdiction
of the court in the county in which the parolee is released, resides,
or in which an alleged violation of supervision has occurred. 

   Existing law implements the Quantification Settlement Agreement
(QSA), which was entered into by various parties to budget their
portions of California's apportionment of Colorado River water and to
provide a framework for conservation measures and water transfers
for a period of up to 75 years. Existing law provides for a framework
to mitigate the environmental impacts on the Salton Sea caused by
the QSA water transfer. Existing law authorizes the Department of
Fish and Wildlife to enter into a joint powers agreement with
specified local agencies to establish a joint powers authority for
the purposes of providing for the payment of costs for environmental
mitigation requirements.  
   This bill would require the State Air Resources Board, upon the
execution of an agreement with the joint powers authority, to
evaluate and determine with the air quality planning completed by the
authority is sufficient to mitigate the air quality impacts of the
QSA. In the event that the state board concludes that additional
mitigation measures are needed, the bill would require the state
board to submit recommendation to the authority. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    This act shall be known, and may be
cited, as the Realignment Omnibus Act of 2014.  
      
   SEC. 2.    Section 3000.08 of the   Penal
Code   is amended to read: 
   3000.08.  (a) A person released from state prison prior to or on
or after July 1, 2013, after serving a prison term, or whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes is subject to parole supervision by the Department
of Corrections and Rehabilitation and the jurisdiction of the court
in the county in which the parolee is released, resides, or in which
an alleged violation of supervision has occurred, for the purpose of
hearing petitions to revoke parole and impose a term of custody:
   (1) A serious felony as described in subdivision (c) of Section
1192.7.
   (2) A violent felony as described in subdivision (c) of Section
667.5.
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
   (4) Any crime for which the person is classified as a high-risk
sex offender.
   (5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962. 
   (b) A person released from state prison on or after January 1,
2015, after serving a prison term, or whose sentence has been deemed
served pursuant to Section 2900.5, to whom any of the following
apply, is subject to the jurisdiction of, and parole supervision by,
the Department of Corrections and Rehabilitation and the jurisdiction
of the court in the county in which the parolee is released,
resides, or in which an alleged violation of supervision has
occurred, for the purpose of hearing petitions to revoke parole and
impose a term of custody:  
   (1) The person has a prior conviction of a serious felony
described in subdivision (c) of Section 1192.7.  
   (2) The person has a prior conviction of a violent felony
described in subdivision (c) of Section 667.5.  
   (3) The person has a prior conviction for which the person was
sentenced pursuant to paragraph (2) of subdivision (e) of Section 667
or paragraph (2) of subdivision (c) of Section 1170.12.  
   (4) The person has a prior conviction of a crime for which the
person was classified as a high-risk sex offender.  
   (5) The person has a conviction of a crime for which the person
was required, as a condition of parole, to undergo treatment by the
State Department of State Hospitals pursuant to Section 2962. 

   (b) 
    (c)  Notwithstanding any other law, all other offenders
released from prison shall be placed on postrelease supervision
pursuant to Title 2.05 (commencing with Section 3450). 
   (c) 
    (d)  At any time during the period of parole of a person
subject to this section, if any parole agent or peace officer has
probable cause to believe that the parolee is violating any term or
condition of his or her parole, the agent or officer may, without
warrant or other process and at any time until the final disposition
of the case, arrest the person and bring him or her before the court,
or the court may, in its discretion, issue a warrant for that person'
s arrest pursuant to Section 1203.2. 
   (d) 
    (e)  Upon review of the alleged violation and a finding
of good cause that the parolee has committed a violation of law or
violated his or her conditions of parole, the supervising parole
agency may impose additional and appropriate conditions of
supervision, including rehabilitation and treatment services and
appropriate incentives for compliance, and impose immediate,
structured, and intermediate sanctions for parole violations,
including flash incarceration in a city or a county jail. Periods of
"flash incarceration," as defined in subdivision  (e)
  (f)  are encouraged as one method of punishment
for violations of a parolee's conditions of parole. This section does
not preclude referrals to a reentry court pursuant to Section 3015.

   (e)
    (f)  "Flash incarceration" is a period of detention in a
city or a county jail due to a violation of a parolee's conditions
of parole. The length of the detention period can range between one
and 10 consecutive days. Shorter, but if necessary more frequent,
periods of detention for violations of a parolee's conditions of
parole shall appropriately punish a parolee while preventing the
disruption in a work or home establishment that typically arises from
longer periods of detention. 
   (f) 
    (g)  If the supervising parole agency has determined,
following application of its assessment processes, that intermediate
sanctions up to and including flash incarceration are not
appropriate, the supervising parole agency shall, pursuant to Section
1203.2, petition either the court in the county in which the parolee
is being supervised or the court in the county in which the alleged
violation of supervision occurred, to revoke parole. At any point
during the process initiated pursuant to this section, a parolee may
waive, in writing, his or her right to counsel, admit the parole
violation, waive a court hearing, and accept the proposed parole
modification or revocation. The petition shall include a written
report that contains additional information regarding the petition,
including the relevant terms and conditions of parole, the
circumstances of the alleged underlying violation, the history and
background of the parolee, and any recommendations. The Judicial
Council shall adopt forms and rules of court to establish uniform
statewide procedures to implement this subdivision, including the
minimum contents of supervision agency reports. Upon a finding that
the person has violated the conditions of parole, the court shall
have authority to do any of the following:
   (1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
   (2) Revoke parole and order the person to confinement in the
county jail.
   (3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion. 
   (g) 
    (h)  Confinement pursuant to paragraphs (1) and (2) of
subdivision  (f)   (g)  shall not exceed a
period of 180 days in the county jail. 
   (h) 
    (i)  Notwithstanding any other law, if Section 3000.1 or
paragraph (4) of subdivision (b) of Section 3000 applies to a person
who is on parole and the court determines that the person has
committed a violation of law or violated his or her conditions of
parole, the person on parole shall be remanded to the custody of the
Department of Corrections and Rehabilitation and the jurisdiction of
the Board of Parole Hearings for the purpose of future parole
consideration. 
   (i) 
    (j)  Notwithstanding subdivision (a), any of the
following persons released from state prison shall be subject to the
jurisdiction of, and parole supervision by, the Department of
Corrections and Rehabilitation for a period of parole up to three
years or the parole term the person was subject to at the time of the
commission of the offense, whichever is greater:
   (1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
   (2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence. 
   (j) 
    (k)  Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, are subject to
the jurisdiction of the Board of Parole Hearings. Parole revocation
proceedings conducted by the Board of Parole Hearings prior to July
1, 2013, if reopened on or after July 1, 2013, are subject to the
jurisdiction of the Board of Parole Hearings. 
   (k) 
    (l)  Except as described in subdivision  (c),
  (d),  any person who is convicted of a felony
that requires community supervision and who still has a period of
state parole to serve shall discharge from state parole at the time
of release to community supervision. 
   (  l  )
    (m)   Any person released to parole supervision pursuant
to subdivision (a)  or (b)  shall, regardless of any
subsequent determination that the person should have been released
pursuant to subdivision  (b),   (c), 
remain subject to subdivision (a)  or (b)  after having
served 60 days under supervision pursuant to subdivision (a)  or
(b)  . 
   (m) This section shall become operative on July 1, 2013. 

   SEC. 3.    Section 3451 of the   Penal Code
  is amended to read: 
   3451.  (a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b), all
persons released from prison on and after October 1, 2011, or, whose
sentence has been deemed served pursuant to Section 2900.5 after
serving a prison term for a felony shall, upon release from prison
and for a period not exceeding three years immediately following
release, be subject to community supervision provided by a county
agency designated by each county's board of supervisors which is
consistent with evidence-based practices, including, but not limited
to, supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under postrelease supervision.
   (b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
   (1) A serious felony described in subdivision (c) of Section
1192.7.
   (2) A violent felony described in subdivision (c) of Section
667.5.
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
   (4) Any crime for which the person is classified as a high risk
sex offender.
   (5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962. 
   (c) This section shall not apply to any person released from
prison to whom any of the following apply:  
   (1) The person has a prior conviction of a serious felony
described in subdivision (c) of Section 1192.7.  
   (2) The person has a prior conviction of a violent felony
described in subdivision (c) of Section 667.5.  
   (3) The person has a prior conviction for which the person was
sentenced pursuant to paragraph (2) of subdivision (e) of Section 667
or paragraph (2) of subdivision (c) of Section 1170.12.  
   (4) The person has a prior conviction of a crime for which the
person was classified as a high-risk sex offender.  
   (5) The person has a conviction of a crime for which the person
was required, as a condition of parole, to undergo treatment by the
State Department of State Hospitals pursuant to Section 2962. 

   (c) 
    (d)  (1) Postrelease supervision under this title shall
be implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
   (2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003. 
   (d) 
    (e)  Any person released to postrelease community
supervision pursuant to subdivision (a) shall, regardless of any
subsequent determination that the person should have been released to
parole pursuant to Section 3000.08, remain subject to subdivision
(a) after having served 60 days under supervision pursuant to
subdivision (a). 
  SECTION 1.    (a)  The Legislature finds and
declares all of the following:
   (1) The Salton Sea is California's largest lake, covering
approximately 365 square miles, and it serves as an important stop on
the annual Pacific Flyway migratory route, supporting over 400
species of birds and representing over two-thirds of all birds in the
continental United States.
   (2) The Salton Sea is located in the Imperial Valley and Coachella
Valley of southern California and rests in close proximity to
thousands of residents.
   (3) In 2003, the Legislature enacted statutes (Chapters 611, 612,
and 613 of the Statutes of 2003) to facilitate the execution and
implementation of the Quantification Settlement Agreement (QSA) and
related agreements, including a transfer of conserved water from the
Imperial Irrigation District to the San Diego Water Authority. As
part of those statutes, the Legislature declared its intent that the
State of California undertake the restoration of the Salton Sea
ecosystem and the permanent protection of wildlife dependent on the
ecosystem.
   (4) Implementation of the water transfer from the Imperial
Irrigation District to the San Diego Water Authority will reduce
agricultural drainage inflow to the Salton Sea, reducing the sea's
depth and result in the exposure of currently submerged sea lakebed.
   (5) The exposure of previously submerged sea lakebed has the
potential to significantly increase fugitive dust emissions for
particulate matter of 10 or less microns in diameter (PM10) as winds
blow across exposed lakebed eroded fine-grained sediments and salts,
lofting them into the air.
   (6) Experience mitigating particulate matter emissions at other
exposed lakebeds has proved to be costly and has demonstrated the
need to have a proactive approach to mitigation that stresses control
measures over monitoring activities and includes a strong adaptive
management platform.
   (7) As part of the Quantification Settlement Agreement, the state
entered into a Joint Powers Agreement (QSA-JPA) for purposes of
financing the mitigation of the environmental impacts resulting from
the QSA. The parties of the QSA-JPA include the State of California
acting by and through the Department of Fish and Wildlife, the
Coachella Valley Water District, the Imperial Irrigation District,
and the San Diego County Water Authority.
   (8) Under the QSA-JPA, the nonstate member agencies are liable for
the cost of mitigating the environmental impacts of the QSA up to
the first $133 million. The QSA-JPA nonstate member agencies have
spent a considerable amount of time and resources developing plans to
meet this obligation.
   (9) Under Section 9.2 of the QSA-JPA, the state agreed to "an
unconditional contractual obligation" to pay for the cost of
mitigating the environmental impact of the QSA above the first $133
million in costs.
   (b) It is the intent of the Legislature, in enacting this measure,
to have the State Air Resources Board evaluate the air quality
mitigation developed by the Joint Powers Authority established by
QSA-JPA.  
  SEC. 2.    Chapter 6 (commencing with Section
42750) is added to Part 4 of Division 26 of the Health and Safety
Code, to read:
      CHAPTER 6.  SALTON SEA DUST MITIGATION


   42750.  Unless the context requires otherwise, as used in this
chapter, the following terms mean the following:
   (a) "Air districts" means the Imperial County Air Pollution
Control District and South Coast Air Quality Management District.
   (b) "Authority" means the water transfer joint powers authority
established pursuant to an agreement entered into pursuant to Chapter
613 of the Statutes of 2003.
   (c) "County" means either of the following:
   (1) The County of Riverside.
   (2) The County of Imperial.
   (d) "Quantification Settlement Agreement" has the same meaning as
defined in subdivision (a) of Section 1 of Chapter 617 of the
Statutes of 2002.
   (e) "Valley" means either of the following:
   (1) The Imperial Valley.
   (2) The Coachella Valley.
   42751.  (a) Upon the execution of an agreement between the state
board and the authority for purposes of compiling the air quality
mitigation planning completed by the authority, the state board shall
evaluate and determine if the air quality planning completed by the
authority is sufficient to mitigate the air quality impacts of the
Quantification Settlement Agreement.
   (b) To the extent the state board concludes additional mitigation
planning needs to take place to mitigate the air quality impacts of
the Quantification Settlement Agreement, the state board shall submit
recommendations to the authority.
   (c) This section does not modify existing roles, responsibilities,
or liabilities of the State of California, the County of Imperial,
the County of Riverside, or any other governmental agency, under the
Quantification Settlement Agreement.