Bill Text: CA SB629 | 2019-2020 | Regular Session | Amended
Bill Title: Public peace: media access.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB629 Detail]
Download: California-2019-SB629-Amended.html
Amended
IN
Assembly
June 25, 2020 |
Introduced by (Principal coauthor: Senator Wiener) (Coauthors: Senators Lena Gonzalez, Portantino, and Skinner) (Coauthor: Assembly Member Wicks) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board is designated with the primary responsibility for the control of vehicular air pollution and 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 establishes one or more hearing boards in each district for the purposes of performing specified functions, including, among others, issuing specified interim variances. The hearing board is required to serve reasonable notice of the time and place of the hearing to consider an interim variance application upon the district air pollution control officer and the applicant.
The Ralph M. Brown Act requires a legislative body of a local agency, at least 72 hours before a regular meeting, to post an agenda containing, among other things, information on the time and location of the meeting. The act requires the body, upon the request of a person, to mail the agenda to the person at the time the agenda is posted.
This bill would require a hearing board to send a notice of the hearing not less than 72 hours before the hearing to any person who requests the notice, thereby making changes to conform the notice provisions with the notice provisions of the act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 409.7 is added to the Penal Code, to read:409.7.
(a) (1) In the event of a demonstration, march, protest, or rally where individuals are engaged primarily in activity that is protected pursuant to the First Amendment to the United States Constitution or Article I of the California Constitution, officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2, may close the immediate area surrounding any emergency field command post or may establish any other command post, police line, or rolling closure.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.In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:
(a) (1)The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.
(2)The hearing board
shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.
(b) Subdivision (b) of Section 40823 shall not apply.
(c) In districts with a population of less than 750,000, the chair of the hearing board, or other member of the hearing board designated by the board, may hear an application for an interim variance. If a
member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.