Asm. Anthony Adams

This measure would proclaim January 13, 2010, as Korean-American Day.

Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. This bill, except as specified, would limit the fines imposed on a gasoline dispensing facility that fails to meet an April 1, 2009, compliance deadline to a total of no more than $1,000 for all violations that occur between April 1, 2009, and December 31, 2009, if the gasoline dispensing facility meets specified requirements. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law specifies the qualifications for registration as a voter and excludes from eligibility a person in prison or on parole for the conviction of a felony. Under existing law, a person who willfully allows himself or herself, or another person, to register as a voter knowing that the registration qualifications are not met, is guilty of a crime. This bill would additionally make a person on probation for the conviction of a felony not eligible to register to vote, and would require elections officials to cancel the voter registration of persons convicted of a felony upon notification of the conviction from the court. (2) Existing law requires that the identification envelope for returning a vote by mail ballot contain specified information and that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day. This bill would additionally require that the identification envelope include the last 4 digits of the voter's California driver's license or identification card number or, if unavailable, the last 4 digits of the voter's social security number and a security flap that would conceal voter's identification information during mailing. The bill would require the Department of Motor Vehicles to waive the fee for an identification card requested to satisfy this provision. The bill would require the elections official to verify the accuracy of the identification information before counting the vote. The bill would make an exception from the deadline for returning a vote by mail ballot for specified members of the military stationed outside of the United States, instead requiring that their vote by mail ballot be postmarked on or before election day and received by their elections official not later than 21 days after election day. Because the bill would impose additional duties on elections officials, it would impose a state-mandated local program. (3) Existing law requires that a person desiring to vote announce his or her name and address to a precinct worker at the polling place. This bill would also require a person who desires to vote to show specified proof of identification. The bill would authorize a person who does not have proof of identification to vote a provisional ballot after completing an affidavit under penalty of perjury that he or she is a registered voter. The bill would require the Department of Motor Vehicles to waive the fee for an identification card requested for satisfying the voter identification requirement. By imposing additional duties on elections officials and creating new crimes, the bill would impose a state-mandated local program. (4) 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.

Existing law requires every governing board of an air pollution control district or an air quality management district to establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants shall be banked prior to use to offset future increases in emissions. This bill would state the intent of the Legislature to enact legislation to regulate the allocation of air contaminant offsets for the South Coast Air Quality Management District.

Existing law, scheduled to be repealed on January 1, 2010, creates the Sex Offender Management Board, as specified, under the jurisdiction of the Department of Corrections and Rehabilitation, the purpose of which is to address any issues, concerns, and problems related to the community management of the state's adult sex offenders, including the housing of sex offenders in the community, with a goal of safer communities and reduced victimization. This bill would make technical, nonsubstantive changes to these provisions.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act imposes various duties and responsibilities on the commission with respect to the purchase of electricity and requires the commission to review and adopt a procurement plan and a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program. The renewables portfolio standard program requires that a retail seller of electricity purchase a specified minimum percentage of electricity generated by eligible renewable energy resources, as defined, in any given year as a specified percentage of total kilowatthours sold to retail end-use customers each calendar year. Existing law includes legislative findings and declarations relative to the program that include a declaration that new and modified electric transmission facilities may be necessary to facilitate the state achieving its renewables portfolio standard targets. This bill would revise the legislative findings and declarations to declare that new and modified electric transmission facilities, including the employment of smart grid technologies, may be necessary to facilitate the state achieving its energy efficiency goals and renewables portfolio standard targets.

(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 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.