Asm. Cameron Smyth

The California Constitution provides that the right to water shall be limited to that amount of water that is reasonably required for the beneficial use to be served. Existing law declares that the use of potable domestic water for cooling towers is a waste or on unreasonable use of water if recycled water is available and other requirements are met. This bill would declare that the use of potable domestic water for cooling towers that are part of a generating facility that is an eligible renewable energy resource is a reasonable use of water if certain conditions are met.

Existing law defines a lottery as any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay valuable consideration for a chance to obtain that property or a portion, share, or interest therein, upon any agreement, understanding, or expectation that is to be so distributed or disposed of, whether it is called a lottery, raffle, gift enterprise, or any other name. This bill would make a technical, nonsubstantive change to these provisions.

(1) Existing law establishes the State Energy Resources Conservation and Development Commission and the Electricity Oversight Board with jurisdiction related to energy matters. Existing law provides the Public Utilities Commission with jurisdiction over the certification of natural gas and electric facilities. Existing law also provides the Office of Planning and Research, the Department of General Services, and the Office of the State Architect with jurisdiction over certain energy-related matters. Existing law provides the State Energy Resources Conservation and Development Commission with the jurisdiction over the certification of thermal powerplants. This bill would abolish the State Energy Resources and Conservation Commission and the Electricity Oversight Board. The bill would create the Department of Energy, headed by a Secretary of Energy, and would create the California Energy Board and the Office of Energy Market Oversight within the department. The bill would provide for the creation of various divisions and subdivisions as deemed necessary by the secretary. The secretary would be appointed by, and hold office at the pleasure of, the Governor, subject to confirmation by the Senate. The bill would require the Governor to appoint the initial secretary by January 31, 2011. The bill would authorize the Governor to appoint an Assistant Secretary of Energy who would serve at the pleasure of the Governor. The bill would require the department to create a legal subcommittee comprised of specified members to develop a single statewide position on litigation concerning energy matters. The bill would provide that the California Energy Board consists of the following members: the Secretary of Energy who would be the chair of the board, 4 members of the public with qualifications, as specified, appointed by the Governor and subject to confirmation by the Senate, the Secretary of the Natural Resources Agency, and the president of the California Public Utilities Commission. The Secretary of the Natural Resources Agency, and the president of the California Public Utilities Commission would serve as ex officio, nonvoting members of the board. The bill would specify that the public members shall serve for a term of 4 years. The bill would require the board to nominate for appointment by the Governor a public adviser to the board who would serve for a 3-year term and may be removed upon the joint concurrence of 4 board members and the Governor. The bill would vest the Office of Energy Market Oversight with the powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the Electricity Oversight Board and add to the functions of the office. The bill would vest the new department and the California Energy Board with the powers, duties, responsibilities, obligations, liabilities, jurisdiction, and rights and privileges of the State Energy Resources Conservation and Development Commission, as specified. The bill would transfer jurisdiction over the certification of thermal powerplants and grant jurisdiction over certification of specified solar nonthermal powerplants to the California Energy Board. The bill would also transfer jurisdiction of certain energy-related matters from the Office of Planning and Research, the Department of General Services, and the Office of the State Architect to the Department of Energy or the California Energy Commission, as specified. The bill would transfer all responsibilities with respect to the certification of certain electric transmission facilities from the Public Utilities Commission to the exclusive jurisdiction of the California Energy Board. The bill would require the Department of Energy, on or before January 1, 2012, in consultation with the Public Utilities Commission and the Independent System Operator, to submit to the Governor and the Legislature a strategic plan identifying administrative and statutory measures that would improve the siting and licensing process for electric transmission lines. (2) Existing law requires a person proposing to construct a thermal powerplant or electric transmission line on a site to submit to the State Energy Resources Conservation and Development Commission a notice of intention to file an application for the certification of the site. This bill would repeal this requirement. (3) Existing law prohibits the State Energy Resources Conservation and Development Commission from certifying a facility that adds generating capacity to a potential multiple facility site in excess of the maximum allowable capacity determined by the commission. This bill would repeal this prohibition. (4) Existing law requires the Department of Community Services and Development to administer federal funds for programs to provide energy assistance to qualified low-income households and to administer the community services block grant program. This bill would transfer the above-described duties and responsibilities of the Department of Community Services and Development, on and after January 1, 2013, to the Department of Energy. (5) Existing law established the Katz Safe Schoolbus Clean Fuel Efficiency Demonstration Program to assist local educational agencies in replacing older schoolbuses with schoolbuses meeting federal safety standards that operate with greater efficiency and fewer adverse air emissions. This bill would repeal this program. (6) Existing law establishes the Small Business Energy Efficient Refrigeration Program and the State Solar Medallion Passive Design Competition. This bill would repeal the program and competition. (7) The bill would make conforming changes in existing law. (8) The bill would provide that the provisions of the bill are severable.

Existing law requires that violators of specified arson laws register their names, addresses, and other specified information with the police or sheriff in the jurisdiction where they are residing or are located, within specified time limits, and subject to certain conditions. Additionally, these violators must register with the campus police chief of any public college or university where they reside or are located. Failure to register is a misdemeanor. Under existing law, certain administrative duties are imposed on county probation departments and the Department of Justice relating to the collection and dissemination of information from registrants. Existing law defines various crimes relating to the possession and use of destructive devices. This bill would impose registration requirements parallel to those applicable in arson cases on violators of certain laws regulating the possession and use of destructive devices, as specified. Parallel obligations would be imposed on public agencies relating to the collection and dissemination of information from registrants. By creating a new crime and requiring county officers to undertake additional duties, this bill would impose state-mandated local programs. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, and on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. That law provides various exemptions from those taxes. This bill would, until January 1, 2015, also exempt from those taxes, the sale of, including specified layaway agreements, and the storage, use, or other consumption of, energy efficient products, as defined, sold for home or personal use, on the first Saturday immediately following Earth Day, beginning in 2010. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to prepare and submit to the Governor and the Legislature a written report annually before February 1 of each year on the costs of programs and activities conducted by an electrical corporation or gas corporation that has more than a specified number of customers in California. This bill would require the commission to advise the Legislature whenever it comes to the attention of the commission that a bill that is pending before the Legislature would likely (1) reduce the reliability of the electrical transmission and distribution system in any area of the state, (2) result in a shortage of electricity needed to meet projected demand in any area of the state, (3) impair the ability of retail sellers or local publicly owned electric utilities to meet their renewables portfolio standard, or (4) impair the ability of any electrical corporation, local publicly owned electric utility, electric service provider, or community choice aggregator to meet its emission reduction goals pursuant to the California Global Warming Solutions Act of 2006. The bill would require the commission to advise the Governor whenever it comes to the attention of the commission that an enrolled bill would likely have any of these 4 effects. The bill would require the commission to consult with the Energy Commission when advising the Legislature or Governor on any of the 4 effects and to consult with the Independent System Operation when advising the Legislature or Governor with respect to likely effects (1) or (2) .

Existing law requires a person proposing to construct a thermal powerplant to obtain a certification from the State Energy Resources Conservation and Development Commission. Existing law exempts facilities for which the Public Utilities Commission has issued a certificate of convenience and necessity or that a municipal utility has approved before January 7, 1975. This bill would additionally exempt an applicant for a nuclear fission thermal powerplant capable of producing up to 2,000 megawatts of energy that is the first California entity to obtain an early site permit from the United States Nuclear Regulatory Commission.

The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law. This bill would allow for taxable years beginning on or after January 1, 2010, and before January 1, 2015, a deduction under that law for the qualified costs paid or incurred during the taxable year by a taxpayer for the adoption of pets from a qualified animal rescue organization, as defined. Existing law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would allow individual taxpayers to designate on their tax returns, that a specified amount in excess of their tax liability be transferred to the Pet Adoption Cost Deduction Fund, which would be created by this bill. This bill would provide that all moneys contributed to the fund, upon appropriation by the Legislature, be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, to the Controller for reimbursement of the General Fund for revenue losses from providing the deduction for pet adoption costs, and to the Department of Food and Agriculture for purposes relating to abandoned and impounded animals. This bill would provide that these voluntary contribution provisions are repealed on either January 1 of the 5th taxable year following the taxable year the fund first appears on the personal income tax return or on January 1 of an earlier calendar year, if the Franchise Tax Board estimates that the annual contribution amount will be less than $250,000, or an adjusted amount, as specified, for subsequent taxable years.

Existing law requires a local health officer to immediately report by telegraph or telephone to the department every discovered or known case or suspect case of those diseases designated for immediate reporting by the department. This bill would also include electronic mail or electronic facsimile as permitted methods of reporting.

Existing law requires the Attorney General, upon receipt of a draft of a petition for a proposed initiative or referendum, to prepare a title and summary of the proposed measure. Under existing law, the Attorney General is required to determine the effect of a proposed initiative measure on revenues and expenditures of the state or local government. If the Attorney General determines that a proposed measure would affect state or local revenues or expenditures, he or she must include in the title either the estimate of the amount of change in state or local revenues or costs or an opinion as to whether a substantial net change in state or local finances would result if the proposed initiative is adopted. Existing law requires the Department of Finance and the Joint Legislative Budget Committee to prepare jointly the fiscal estimate that is included in the title. This bill would require the Legislative Analyst, instead of the Attorney General, to prepare the ballot title and summary for all measures submitted to the voters of the state and would require the Legislative Analyst, instead of the Department of Finance and the Joint Legislative Budget Committee, to prepare any fiscal estimate or opinion required by a proposed initiative measure. The bill would make its operation contingent upon the approval by the voters of ACA 20 of the 2009–10 Regular Session.