Bill Text: CA AB21 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Renewable energy resources.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB21 Detail]
Download: California-2009-AB21-Amended.html
Bill Title: Renewable energy resources.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB21 Detail]
Download: California-2009-AB21-Amended.html
BILL NUMBER: AB 21 AMENDED BILL TEXT AMENDED IN SENATE SEPTEMBER 4, 2009 AMENDED IN ASSEMBLY APRIL 2, 2009 AMENDED IN ASSEMBLY MARCH 18, 2009 AMENDED IN ASSEMBLY FEBRUARY 18, 2009 INTRODUCED BY AssemblyMemberBonnie LowenthalMembers Bonnie Lowenthal and Saldana DECEMBER 1, 2008 An act toadd Section 14083 to the Food and Agricultural Code, relating to pesticides.amend Sections 15620, 15621, 16401, and 16421 of, and to add Chapter 8.5 (commencing with Section 15560) to Division 15 of, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 21, as amended, Bonnie Lowenthal.Pesticides: methyl bromide: study and report.Elections: audits. Under existing law, an elections official must conduct a public manual tally of votes cast in an election and tabulated by a mechanical, electromechanical, or electronic system in 1% of the precincts in the jurisdiction, chosen at random by the elections official. This bill would require an elections official, after an election, to calculate the margin of victory for each contest on the ballot at the election. For each contest in which the margin of victory was less than 1/2 of 1%, this bill would require the elections official to conduct a public manual tally for a specified percentage of precincts within the jurisdiction, which would be known as a postcanvass audit. The bill would require an elections official to report to the public any variances between the results of the machine tally and postcanvass audit. The bill would require the elections official to calculate the percentage of variance in the audited precincts, by dividing the number of variances found in the audited precincts by the total number of votes cast within those precincts. If the percentage of variance is 50% or greater of the margin of victory for the contest, this bill would require the elections official to add precincts to the postcanvass audit until either the percentage of variance is less than 50% of the margin of victory for the contest or all of the votes cast for the contest in the jurisdiction have been manually tallied, whichever occurs first. If the postcanvass audit includes all of the precincts in the jurisdiction and reveals that the outcome of a contest in a precinct was different than that found by the machine tally, this bill would require the elections official to amend the certified statement of results for that precinct to reflect the result revealed by the postcanvass audit. The bill would also provide other related procedures for conducting the postcanvass audit. Because this bill would require a higher level of service from local elections officials, it 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 these statutory provisions.Existing law requires the Director of Pesticide Regulation to adopt regulations that govern the use of methyl bromide and chloropicrin as field fumigants, and authorizes the director to prescribe the time when, and the conditions under which, methyl bromide and chloropicrin may be used in different areas of the state.This bill would require the Department of Pesticide Regulation to conduct a review of the assessment undertaken pursuant to the 8th meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer and the 20th meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer by the Technology and Economic Assessment Panel regarding methyl bromide, and comment on the findings of the panel.Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:noyes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 8.5 (commencing with Section 15560) is added to Division 15 of the Elections Code , to read: CHAPTER 8.5. POSTCANVASS AUDITS 15560. For purposes of this chapter: (a) "Postcanvass audit" means a public manual tally of the votes cast in a contest in a percentage of precincts within the jurisdiction, pursuant to this chapter. (b) "Unofficial final results" means the election results upon completion of the official canvass, as defined in Section 335.5 and subdivisions (a) to (g), inclusive, of Section 15302, but before reporting final results to the governing board or the Secretary of State, or both, as specified in subdivision (h) of Section 15302. (c) "Variance" means a difference between the machine tally and the postcanvass audit for a contest, including differences due to a machine or operational malfunction or due to a ballot that has been marked in a manner that cannot be machine counted. (d) "Vote-for-one contest" means an election on a measure or a contest in an election for an office in which a voter may select only one candidate. (e) "Vote-for-multiple contest" means a contest in an election for an office in which a voter may select two or more candidates. 15561. After an election, each elections official shall determine the margin of victory within the jurisdiction of that election in each contest in the election based upon the official canvass results as follows: (a) For a vote-for-one contest, the margin of victory is the difference between the percentage of overall votes cast for the winning candidate or position and the percentage of overall votes cast for the second place candidate or position. (b) For a vote-for-multiple contest, the margin of victory is the difference between the percentage of overall votes cast for the candidate with the lowest number of votes needed to win a seat and the percentage of overall votes cast for the candidate with the next lowest number of votes. (c) For a ballot measure contest, including a recall contest, the margin of victory is the difference between the percentage of votes cast in favor of the measure and the percentage of overall votes required for the measure to pass. 15562. (a) In an election contest in which the margin of victory, based upon the official canvass results or the unofficial final results, as provided in subdivision (b), is less than one-half of 1 percent, the elections official shall conduct a postcanvass audit of the votes cast in that contest as follows: (1) For a statewide contest, the postcanvass audit shall include 2 percent of the precincts, chosen at random, in each county. (2) For a legislative or congressional contest, or a contest involving 100 precincts or more that is not a statewide contest, the postcanvass audit shall include 5 percent of the precincts in the jurisdiction in which votes were cast in the contest, chosen at random. (3) For a contest not subject to paragraph (1) or (2), the postcanvass audit shall include 10 percent of the precincts in each jurisdiction in which votes were cast in the contest, chosen at random. (4) In lieu of the requirements set forth in paragraphs (1) to (3), inclusive, an elections official may instead conduct a postcanvass audit of a higher percentage of randomly selected precincts. If the postcanvass audit does not include 100 percent of the precincts involved in the contest, then the elections official must comply with Section 15571. (b) If the unofficial final results indicate that a postcanvass audit will be required by this chapter, an elections official may begin the postcanvass audit during the canvass period based on the unofficial final results. 15563. (a) In a contest voted upon in more than one jurisdiction, the elections official of each jurisdiction in which votes were cast in the contest shall do the following: (1) Determine whether a postcanvass audit is required by Section 15562 by calculating the overall margin of victory in all jurisdictions in which votes were cast in the contest. (2) If a postcanvass audit is required, conduct the audit pursuant to this chapter separate of any postcanvass audit conducted in another jurisdiction in which the contest was voted upon, except that the determination of whether additional precincts must be included in the postcanvass audit pursuant to Section 15571 shall be determined based on the overall variance percentage for all jurisdictions in which votes were cast in the contest after completion of the initial audit pursuant to Section 15561 in all jurisdictions. (b) For a legislative, congressional, or statewide contest, the Secretary of State shall determine whether a postcanvass audit is required based upon the official canvass results and margin of victory for the entire district for a legislative or congressional contest or the entire state for a state contest. 15564. Before beginning a postcanvass audit, the elections official shall do the following: (a) Provide public notice of the time and place of the random selection of the precincts to be manually tallied and of the time and place of the postcanvass audit at least five days prior to the selection of the precincts. (b) Make the official canvass precinct tally results, or the unofficial final precinct tally results if the audit is being performed in accordance with subdivision (b) of Section 15562, available to the public. 15565. (a) A postcanvass audit shall commence as soon as possible after the random selection of precincts and in no event later than five days after the elections official prepares a certified statement of the results of the election pursuant to Section 15372. If a contest voted upon in more than one jurisdiction is subject to a postcanvass audit pursuant to this chapter, the elections officials from each jurisdiction shall begin the postcanvass audit not later than 5 days after the certified statement of results of the election has been completed in all of the jurisdictions involved in the contest. (b) The elections official shall permit the public to observe the postcanvass audit process, including the random selection of precincts. The elections official shall not permit members of the public to touch ballots, voter verifiable paper audit trail records, or other official materials used in the postcanvass audit process or to interfere in any way with the postcanvass audit process. (c) Nothing in this chapter permits the examination of ballots and other materials as permitted in a recount pursuant to Section 15630. 15566. (a) Results for ballots manually tallied pursuant to Section 15360 may be included as part of the postcanvass audit required by this chapter, provided that ballots tallied after election night remain segregated and can be tallied separately. (b) The elections official shall comply with the tally procedures established for conducting manual tallies under Section 15360 when conducting a postelection postcanvass audit required by this chapter, except that the elections official is not required to include a report of the results in the certification of the official tally in accordance with subdivision (e) of Section 15360. 15567. An individual performing a postcanvass audit shall perform the audit by hand without the use of electronic scanning equipment. At no time during the postcanvass audit process shall the individual be informed of the corresponding machine tally results. An individual performing a postcanvass audit shall not be assigned to tally the results from a precinct in which he or she was a poll worker on election day. 15568. The elections official shall take appropriate measures to ensure the following: (a) That voter verifiable paper audit trail records from direct recording electronic ballots that were canceled before being cast are not tallied as valid ballots in the postcanvass audit. (b) That a damaged or defective ballot that has been substituted for by a duplicate copy pursuant to Section 15210 is not tallied as a valid ballot in the postcanvass audit. 15569. The elections official shall establish security procedures for the secure interim storage of ballots and to detect any unauthorized access to ballots. 15570. An elections official shall document and disclose to the public any variances. Variances shall be calculated as follows: (a) If a postcanvass audit establishes that the machine tally erroneously attributed a vote for one candidate or measure instead of another candidate or measure, two variances result because the vote totals for each candidate or measure are changed by one vote in the postcanvass audit. (b) If the postcanvass audit determines that a vote was cast in a contest on a ballot that the machine tally interpreted as an undervote in the contest, one variance results because the machine tally undervote becomes a vote for a candidate or a vote for or against a measure in the postcanvass audit. 15571. (a) For a contest in which there exists one or more variances, the elections official shall calculate the percentage of variance as follows: (1) For vote-for-one contests, only variances that narrow the margin between the winner and any of the losers shall be included in the total number of variances. (2) For vote-for-multiple contests, only variances that narrow the margin of victory between any of the winners and any of the losers shall be included in the total number of variances. (3) For any contest, variances resulting from ballots cast for unqualified write-in candidates shall not be included in the total number of variances. (4) After deducting variances in accordance with paragraphs (1) to (3), inclusive, the elections official shall divide the remaining number of variances found in the postcanvass audit for the contest by the total number of votes cast for that contest in precincts included in the postcanvass audit. (b) If the percentage of variance is equal to or greater than 50 percent of the margin of victory for that contest based on the official canvass results, or based on the unofficial final results if the audit was performed in accordance with subdivision (b) of Section 15562, additional precincts shall be manually tallied for that contest. (c) Precincts added to the postcanvass audit pursuant to subdivision (b) shall be tallied in randomly selected blocks of 5 percent of the precincts in which votes were cast in the contest until the percentage of variance, recalculated using the method set forth in subdivision (a), is less than 50 percent of the overall margin of victory in that contest, or until all votes cast for the contest in the jurisdiction have been manually tallied, whichever occurs first. (d) If a variance is found between manually tallied voter verifiable paper audit trail records and corresponding electronic vote results that cannot be accounted for by some obvious mechanical problem, the elections official shall preserve the voter verifiable paper audit trail records, memory cards and devices, and direct recording electronic voting machines and notify the Secretary of State in order to investigate the cause of the problem. 15572. If a postcanvass audit to which all precincts in the jurisdiction were subject reveals a different outcome in a contest than that shown by the machine tally for that contest, the elections official shall amend the certified statement of results of the election, prepared pursuant to Section 15372, by entering the result of the postcanvass audit in each precinct affected, which result shall, for all purposes thereafter, be the official return of the precinct for the contest subject to the postcanvass audit. (b) The elections official shall submit the amended statement of the results of the election to the governing body of the jurisdiction or the Secretary of State, as required for the original statement of results of the election. 15573. (a) The elections official shall keep a log to record the postcanvass audit process, including the results of each round of postcanvass auditing for each precinct included in the audit, how variances were reconciled, and details of actions taken contrary to this chapter. The elections official shall make the log available to the public. (b) The elections official shall compile and submit to the Secretary of State a report summarizing the results of a postcanvass audit required by this chapter. The report shall contain, at a minimum, the following information: (1) For each precinct in the postcanvass audit, a comparison of the results tallied by machine and the postcanvass audit results, including undervotes and overvotes. (2) Identification of any variances between the machine count and the postcanvass audit. (3) A description of how each identified variance was reconciled. 15574. This chapter does not: (a) Authorize the opening or auditing of ballots for a precinct except for the purposes specified in this chapter. (b) Limit other provisions of law regarding an election recount or contest. 15575. This chapter does not apply to the following election contests: (a) A political party central committee election, as provided for in Division 7 (commencing with Section 7050). (b) An advisory election, as provided for in Section 9603. 15576. The Secretary of State shall adopt regulations consistent with this chapter and may promulgate regulations to develop a statistical auditing model that achieves a higher level of statistical confidence in the audited election results. SEC. 2. Section 15620 of the Elections Code is amended to read: 15620. (a) Following completion of the official canvass and any postcanvass audit conducted pursuant to Chapter 8.5 (commencing with Section 15560) ,anya voter may, within five days thereafter, file with the elections official responsible for conducting an election in the county wherein the recount is sought a written request for a recount of the votes cast for candidates for any office, for slates of presidential electors, or for or against any measure, provided the office, slate, or measure is not voted on statewide. The request shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. (b) If an election is conducted in more than one county, the request for the recount may be filed with the elections official of, and the recount conducted within, any or all of the affected counties. (c) For the purposes of this section "completion of the canvass" shall be presumed to be that time when the elections official signs the certified statement of the results of the election except that, in the case of a city election, if a city council canvasses the returns itself and does not order the elections official to conduct the canvass as permitted by Section 10263, "completion of the canvass" shall be presumed to be that time when the governing body declares the persons elected or the measures approved or defeated. SEC. 3. Section 15621 of the Elections Code is amended to read: 15621. (a) Following completion of the official canvass and any post canvass audit conducted pursuant to Chapter 8.5 (commencing with Section 15560) ,anya voter may, within five days beginning on the 29th day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. (b) The Secretary of State shall forthwith send by registered mail one copy of the request to the elections official of each county in which a recount of the votes is sought. (c) All the other provisions of this article shall apply to recounts conducted under this section. SEC. 4. Section 16401 of the Elections Code is amended to read: 16401. The contestant shall verify the statement of contest, as provided by Section 446 of the Code of Civil Procedure, and shall file it within the following times after the declaration of the result of the election or of a post canvass audit conducted pursuant to Chapter 8.5 (commencing with Section 15560) by the body canvassing the returns thereof: (a) In cases other than cases of a tie, where the contest is brought on any of the grounds mentioned in subdivision (c) of Section 16100, six months. (b) In all cases of tie, 20 days. (c) In cases involving presidential electors, 10 days. (d) In all other cases, 30 days. SEC. 5. Section 16421 of the Elections Code is amended to read: 16421. The affidavit shall be filed in the office of the clerk of the superior court having jurisdiction, within five days after either the completion of the official canvass or of a postcanvass audit conducted pursuant to Chapter 8.5 (commencing with Section 15560) by theboard of supervisors of thecounty last making the declaration. SEC. 6. 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.The Legislature finds and declares all of the following: (a) The economic benefits of ports to state, national, and global economies are as follows: (1) About 13.3 million Americans were employed in jobs created by commercial port activities in 2007, and average wages for these jobs were forty-nine thousand dollars ($49,000) a year, twelve thousand dollars ($12,000) more than the average United States wage. (2) Exporter/importer businesses and support industries that rely on seaports contributed $3.15 trillion to the United States economy in 2007 and paid nearly $212.5 billion in taxes that same year. (3) Seaport activities in 2007 accounted for $31.21 billion in federal, state, and local tax revenues. (4) Customs revenue through seaports was $23.2 billion in 2007. (5) Deep-draft ports, which accommodate oceangoing vessels, account for 99 percent of United States overseas trade by weight and 64 percent by value, international trade represents 29.7 percent of the United States Gross Domestic Product, and the United States is the largest trading nation in the world, accounting for 19 percent of world goods trade. (b) (1) Trade activity through California's seaports is crucial to the overall health of the state's economy. (2) California's ports handle one-fifth of all United States international trade, and Los Angeles and Long Beach rank first and second in dollar value of goods processed. (c) There are cases in which meeting the requirements of our trading partners requires the use of methyl bromide in cleaning or fumigating the containers used for shipments at the ports. (d) Methyl bromide is an odorless and colorless gas that has been used as a soil fumigant and structural fumigant and to control pests across a wide range of agricultural sectors. Methyl bromide depletes the stratospheric ozone layer and has been largely phased out with some exceptions for critical use where no substitute is available and for quarantine and preshipment fumigation functions. (e) Because methyl bromide poses a threat to humans, animals, and the environment, it is in the interest of the state that its use be conducted under careful and appropriate regulation. (f) Workers who perform necessary fumigation with methyl bromide are engaged in a dangerous activity and would benefit from the most stringent health safeguards possible. (g) The report of the eighth meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer and the twentieth meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer called for the Technology and Economic Assessment Panel referred to in that report to review all relevant, currently available information on the use of methyl bromide for specified applications and related emissions, to assess trends in the major uses, available alternatives, and other mitigation options and barriers to the adoption of alternatives, or determine what additional information or action may be required to meet those objectives. This assessment is required to contain, among other things, both of the following: (1) The technological and economic availability of alternative substances and technologies for methyl bromide uses by volume and of technologies for methyl bromide technologies for methyl bromide recovery, containment, and recycling. (2) Projects demonstrating technical and economic feasible alternatives, including technologies for recapture and destruction of methyl bromide for quarantine and pre-shipment applications.SEC. 2.Section 14083 is added to the Food and Agricultural Code, to read: 14083. The department shall conduct a review of the assessment undertaken pursuant to the eighth meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer and the twentieth meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer by the Technology and Economic Assessment Panel regarding methyl bromide, and comment on the findings of the panel, focusing on those issues that are relevant to California, including, but not limited to, alternatives to methyl bromide, the options or possibilities for recapture, containment, and recycling of methyl bromide, and technologies that could reduce or prevent emissions. The department shall submit the review and comments to the Legislature in a timely manner after the publishing of the assessment by the Technology and Economic Assessment Panel.