AB 558: Alternative fuel vehicles: flexible fuel vehicles.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-29
(1)Existing law creates the Joint Legislative Committee on Climate Change Policies and requires the committee to ascertain facts and make recommendations to the Legislature and to committees of the Legislature concerning the states programs, policies, and investments related to climate change, as specified.
This bill would provide that the joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
(2)Existing law requires the State Energy Resources Conservation and Development Commission, in partnership with the State Air Resources Board, and in consultation with specified state agencies, to develop and adopt a state plan to increase the use of alternative fuels, as defined.
This bill would require the state board, no later than April 1, 2019, to develop a simple, factual summary on the distribution of E85 and flexible fuel vehicle registrations, as specified; to provide that summary to the United States Environmental Protection Agency; and to post that summary on the state boards Internet Web site. The bill would require the state board to develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state and to consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
(1)Existing law creates the Joint Legislative Committee on Climate Change Policies and requires the committee to ascertain facts and make recommendations to the Legislature and to committees of the Legislature concerning the states programs, policies, and investments related to climate change, as specified.
This bill would provide that the joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
(2)Existing law requires the State Energy Resources Conservation and Development Commission, in partnership with the State Air Resources Board, and in consultation with specified state agencies, to develop and adopt a state plan to increase the use of alternative fuels, as defined.
This bill would require the state board, no later than April 1, 2019, to develop a simple, factual summary on the distribution of E85 and flexible fuel vehicle registrations, as specified; to provide that summary to the United States Environmental Protection Agency; and to post that summary on the state boards Internet Web site. The bill would require the state board to develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state and to consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
(1)Existing law creates the Joint Legislative Committee on Climate Change Policies and requires the committee to ascertain facts and make recommendations to the Legislature and to committees of the Legislature concerning the states programs, policies, and investments related to climate change, as specified.
This bill would provide that the joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
(2)Existing law requires the State Energy Resources Conservation and Development Commission, in partnership with the State Air Resources Board, and in consultation with specified state agencies, to develop and adopt a state plan to increase the use of alternative fuels, as defined.
This bill would require the state board, no later than April 1, 2019, to develop a simple, factual summary on the distribution of E85 sales and flexible fuel vehicle registrations, as specified; to provide that summary to the United States Environmental Protection Agency; and to post that summary on the state boards Internet Web site. The bill would require the state board to develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state and to consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
(1)Existing law creates the Joint Legislative Committee on Climate Change Policies and requires the committee to ascertain facts and make recommendations to the Legislature and to committees of the Legislature concerning the states programs, policies, and investments related to climate change, as specified.
This bill would provide that the joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as the benefits of procuring flexible fuel vehicles and E85 fuel for those vehicles. ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
(2)Existing law requires the State Energy Resources Conservation and Development Commission, in partnership with the State Air Resources Board, and in consultation with specified state agencies, to develop and adopt a state plan to increase the use of alternative fuels, as defined.
This bill would require the state board, no later than April 1, 2019, to develop a simple, factual summary on E85 sales and flexible fuel vehicle registrations, as specified; to provide that summary to the United States Environmental Protection Agency; and to post that summary on the state boards Internet Web site. The bill would require the state board to develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state and to consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
(2)Existing law requires the State Air Resources Board to adopt and implement emission standards for new motor vehicles or new motor vehicle engines for emissions of air contaminants from those vehicles or engines, and authorizes the state board to certify those vehicles or engines as meeting those emissions standards. Existing law prohibits a new motor vehicle or new motor vehicle engine from being certified by the state board unless the vehicle or engine meets the applicable emissions standard adopted by the state board.This bill would require the state board to certify, as specified, new motor vehicles that are flexible fuel vehicles capable of utilizing E85 fuel as well as gasoline; to certify, as specified, flexible fuel vehicle models that are certified to federal standards; and to maximize the use of E85 in flexible fuel vehicles that operate in the state. The bill also would require the state board to include in a specified report reductions of actual emissions of greenhouse gases resulting from these actions.(3)Existing law requires the Director of General Services to compile and maintain prescribed information on the nature of vehicles owned or leased by the state, including the number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year. Existing law requires the department to develop and adopt various specifications and standards including utilization of procurement policies that achieve various policy objectives relative to fuel economy and emissions, including the maximization of the purchase or lease of alternative fuel vehicles.This bill would include flexible fuel vehicles within the description of alternative fuel vehicles for these purposes.(1)Existing law creates the Joint Legislative Committee on Climate Change Policies and requires the committee to ascertain facts and make recommendations to the Legislature and to committees of the Legislature concerning the states programs, policies, and investments related to climate change, as specified.
This bill would provide that the joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as the benefits of procuring flexible fuel vehicles and E85 fuel for those vehicles.
(2)Existing law requires the State Air Resources Board to adopt and implement emission standards for new motor vehicles or new motor vehicle engines for emissions of air contaminants from those vehicles or engines, and authorizes the state board to certify those vehicles or engines as meeting those emissions standards. Existing law prohibits a new motor vehicle or new motor vehicle engine from being certified by the state board unless the vehicle or engine meets the applicable emissions standard adopted by the state board.
This bill would require the state board to certify, as specified, new motor vehicles that are flexible fuel vehicles capable of utilizing E85 fuel as well as gasoline; to certify, as specified, flexible fuel vehicle models that are certified to federal standards; and to maximize the use of E85 in flexible fuel vehicles that operate in the state. The bill also would require the state board to include in a specified report reductions of actual emissions of greenhouse gases resulting from these actions.
(3)Existing law requires the Director of General Services to compile and maintain prescribed information on the nature of vehicles owned or leased by the state, including the number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year. Existing law requires the department to develop and adopt various specifications and standards including utilization of procurement policies that achieve various policy objectives relative to fuel economy and emissions, including the maximization of the purchase or lease of alternative fuel vehicles.
This bill would include flexible fuel vehicles within the description of alternative fuel vehicles for these purposes.
Existing law requires the Department of Justice to make available specified information about registered sex offenders via an Internet Web site. Existing law authorizes an offender who has been convicted of specified offenses, including misdemeanor child molestation, to apply to the department for exclusion of his or her information from the Internet Web site.This bill would prohibit offenders who were convicted of misdemeanor child molestation from applying to the department for exclusion of their information from the Internet Web site.Existing law requires the Department of Justice to make available specified information about registered sex offenders via an Internet Web site. Existing law authorizes an offender who has been convicted of the commission or attempted commission of felony sexual battery, specified offenses, including misdemeanor child molestation, or other specified offenses involving obscene matter if all victims were at least 16 years of age or older to apply to the department for exclusion of his or her information from the Internet Web site.
This bill would prohibit those offenders who were convicted of misdemeanor child molestation from applying to the department for exclusion of his or her their information from the Internet Web site.
Existing law requires the Department of Justice to make available specified information about registered sex offenders via an Internet Web site. Existing law authorizes an offender who has been convicted of the commission or attempted commission of felony sexual battery, misdemeanor child molestation, or other specified offenses involving obscene matter if all victims were at least 16 years of age or older to apply to the department for exclusion of his or her information from the Internet Web site. Existing law also authorizes an offender who has been convicted of the commission or attempted commission of an offense for which the offender is on probation at the time of his or her application or has successfully completed probation to apply for exclusion from the Internet Web site if he or she submits a certified copy of an official court document, as specified, that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent, and the crime did not involve specified sexual offenses.
This bill would delete these exemptions to the requirement that a sex offenders information be made available via the Internet Web site. The bill would also make conforming changes. prohibit those offenders from applying to the department for exclusion of his or her information from the Internet Web site.
Existing law requires the Department of Justice to make available specified information about registered sex offenders via an Internet Web site. Existing law authorizes an offender who has been convicted of the commission or attempted commission of felony sexual battery, misdemeanor child molestation, or other specified offenses involving obscene matter if all victims were least 16 years of age or older to apply to the department for exclusion from the Internet Web site. Existing law also authorizes an offender who has been convicted of the commission or attempted commission of an offense for which the offender is on probation at the time of his or her application or has successfully completed probation to apply for exclusion from the Internet Web site if he or she submits a certified copy of an official court document, as specified, that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent, and the crime did not involve specified sexual offenses.
This bill would delete these exemptions to the requirement that a sex offenders information be made available via the Internet Web site. The bill would also make conforming changes.
The Legislature finds and declares all of the following:
(a)Low-carbon transportation fuels are an important element of the states greenhouse gas emissions reduction policy.
(b)E85 is a low-carbon transportation fuel typically constituted in California of 83 percent ethanol and 17 percent gasoline.
(c)The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, fuel diversification, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels.
(d)E85 can only be utilized in flexible fuel vehicles. Flexible fuel vehicles are manufactured to run on conventional gasoline as well as E85.
(e)California has supported the use of flexible fuel vehicles as a measure to reduce greenhouse gas emissions and dependence on petroleum.
(f)Through the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code), the state has awarded $13,700,000 to develop a robust network of E85 fueling stations that can deliver E85 to flexible fuel vehicles.
(g)This network of E85 fueling stations has proven economically sustainable and is currently delivering significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers.
(h)This network of E85 fueling stations increased sales of E85 between 2012 and 2017, demonstrating there are strong opportunities to achieve additional greenhouse gas emissions reductions.
(i)This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is currently locally providing greenhouse gas emissions reductions at significant cost savings compared to conventional gasoline.
(j)Due to the lack of an integrated E85 and flexible fuel vehicle policy, United States automakers are currently phasing down the sale of flexible fuel vehicle models in California.
(k)To reverse the decline of flexible fuel vehicles available to consumers and local and state government fleets, a state flexible fuel policy is necessary.
SEC. 2.Section 9147.10 of the Government Code is amended to read:9147.10.(a)The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the states programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.
(b)The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees.
(c)The chair of the State Air Resources Board shall annually appear before the joint committee to present the state boards annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.
(d)In recognition of the technical complexity involved in reviewing the states climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the states policies to better inform the joint committees recommendations.
(e)The joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
SEC. 3.Section 43871 is added to the Health and Safety Code, to read:43871.(a)(1)No later than April 1, 2019, the state board shall develop a simple, factual summary that includes both of the following:
(A)E85 distribution data from calendar years 2012 to 2017, inclusive, as reported to the state board.
(B)Existing Department of Motor Vehicles data on the number of flexible fuel vehicles registered in 2017.
(2)To facilitate the calculation of an accurate E85 usage rate in flexible fuel vehicles registered in the state for model year 2019 and subsequent years, the state board shall do both of the following with the simple, factual summary:
(A)Convey it in an official written communication to the Administrator of the United States Environmental Protection Agency.
(B)Post it on the state boards Internet Web site.
(b)The state board shall develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state. The state board shall consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
(c)(1)It is the intent of the Legislature that this section result in the state board developing policies that do not include the subsidizing of the production, distribution, or use of E85 or for the purchase of flexible fuel vehicles.
(2)This section shall not prohibit the state board from promulgating a rulemaking authorized pursuant to another state law on the subsidizing of the production, distribution, or use of E85 or on the purchase of flexible fuel vehicles.
The Legislature finds and declares all of the following:
(a)Low-carbon transportation fuels are an important element of the states greenhouse gas emissions reduction policy.
(b)E85 is a low-carbon transportation fuel typically constituted in California of 83 percent ethanol and 17 percent gasoline.
(c)The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, fuel diversification, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels.
(d)E85 can only be utilized in flexible fuel vehicles. Flexible fuel vehicles are manufactured to run on conventional gasoline as well as E85.
(e)California has supported the use of flexible fuel vehicles as a measure to reduce greenhouse gas emissions and dependence on petroleum.
(f)Through the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code), the state has awarded $13,700,000 to develop a robust network of E85 fueling stations that can deliver E85 to flexible fuel vehicles.
(g)This network of E85 fueling stations has proven economically sustainable and is currently delivering significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers.
(h)This network of E85 fueling stations increased sales of E85 between 2012 and 2017, demonstrating there are strong opportunities to achieve additional greenhouse gas emissions reductions.
(i)This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is currently locally providing greenhouse gas emissions reductions at significant cost savings compared to conventional gasoline.
(j)Due to the lack of an integrated E85 and flexible fuel vehicle policy, United States automakers are currently phasing down the sale of flexible fuel vehicle models in California.
(k)To reverse the decline of flexible fuel vehicles available to consumers and local and state government fleets, a state flexible fuel policy is necessary.
SEC. 2.Section 9147.10 of the Government Code is amended to read:9147.10.(a)The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the states programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.
(b)The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees.
(c)The chair of the State Air Resources Board shall annually appear before the joint committee to present the state boards annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.
(d)In recognition of the technical complexity involved in reviewing the states climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the states policies to better inform the joint committees recommendations.
(e)The joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
SEC. 3.Section 43871 is added to the Health and Safety Code, to read:43871.(a)(1)No later than April 1, 2019, the state board shall develop a simple, factual summary that includes both of the following:
(A)E85 distribution data from calendar years 2012 to 2017, inclusive, as reported to the state board.
(B)Existing Department of Motor Vehicles data on the number of flexible fuel vehicles registered in 2017.
(2)To facilitate the calculation of an accurate E85 usage rate in flexible fuel vehicles registered in the state for model year 2019 and subsequent years, the state board shall do both of the following with the simple, factual summary:
(A)Convey it in an official written communication to the Administrator of the United States Environmental Protection Agency.
(B)Post it on the state boards Internet Web site.
(b)The state board shall develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state. The state board shall consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
(c)(1)It is the intent of the Legislature that this section result in the state board developing policies that do not include the subsidizing of the production, distribution, or use of E85 or for the purchase of flexible fuel vehicles.
(2)This section shall not prohibit the state board from promulgating a rulemaking authorized pursuant to another state law on the subsidizing of the production, distribution, or use of E85 or on the purchase of flexible fuel vehicles.
The Legislature finds and declares all of the following:
(a)Low-carbon transportation fuels are an important element of the states greenhouse gas emissions reduction policy.
(b)E85 is a low-carbon transportation fuel typically constituted in California of 83 percent ethanol and 17 percent gasoline.
(c)The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, fuel diversification, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels.
(d)E85 can only be utilized in flexible fuel vehicles. Flexible fuel vehicles are manufactured to run on conventional gasoline as well as E85.
(e)California has supported the use of flexible-fuel flexible fuel vehicles as a measure to reduce greenhouse gas emissions and dependence on petroleum.
(f)Through the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code), the state has awarded $13,700,000 to develop a robust network of E85 fueling stations that can deliver E85 to flexible fuel vehicles.
(g)This network of E85 fueling stations has proven economically sustainable and is currently delivering significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers.
(h)This network of E85 fueling stations increased sales of E85 between 2012 and 2017, demonstrating there are strong opportunities to achieve additional greenhouse gas emissions reductions.
(i)This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is currently locally providing greenhouse gas emissions reductions at significant cost savings compared to conventional gasoline.
(j)Due to the lack of an integrated E85 and flexible fuel vehicle policy, United States automakers are currently phasing down the sale of flexible fuel vehicle models in California.
(k)To reverse the decline of flexible fuel vehicles available to consumers and local and state government fleets, a state flexible fuel policy is necessary.
SEC. 2.Section 9147.10 of the Government Code is amended to read:9147.10.(a)The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the states programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.
(b)The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees.
(c)The chair of the State Air Resources Board shall annually appear before the joint committee to present the state boards annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.
(d)In recognition of the technical complexity involved in reviewing the states climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the states policies to better inform the joint committees recommendations.
(e)The joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
SEC. 3.Section 43871 is added to the Health and Safety Code, to read:43871.(a)(1)No later than April 1, 2019, the state board shall develop a simple, factual summary that includes both of the following:
(A)E85 sales distribution data from calendar years 2012 to 2017, inclusive, as reported to the state board.
(B)Existing Department of Motor Vehicles data on the number of flexible fuel vehicles registered in 2017.
(2)To facilitate the calculation of an accurate E85 usage rate in flexible fuel vehicles registered in the state for model year 2019 and subsequent years, the state board shall do both of the following with the simple, factual summary:
(A)Convey it in an official written communication to the Administrator of the United States Environmental Protection Agency.
(B)Post it on the state boards Internet Web site.
(b)The state board shall develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state. The state board shall consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
The Legislature finds and declares all of the following:
(a)Low-carbon transportation fuels are an important element of the states greenhouse gas emissions reduction policy.
(b)E85 is a low-carbon transportation fuel typically constituted in California of 83 percent ethanol and 17 percent gasoline.
(c)The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, fuel diversification, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels.
(d)E85 can only be utilized in flexible fuel vehicles. Flexible fuel vehicles are manufactured to run on conventional gasoline as well as E85.
(e)California has supported the use of flexible-fuel vehicles as a measure to reduce greenhouse gas emissions and the dependence on petroleum.
(f)Through the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code), the state has invested awarded $13,700,000 to develop a robust network of E85 fueling stations that can deliver E85 to flexible fuel vehicles.
(g)This network of E85 fueling stations has proven economically sustainable and is currently delivering significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers.
(h)This network of E85 fueling stations tripled increased sales of E85 in only four years, between 2012 and 2017, demonstrating there are strong opportunities to achieve additional greenhouse gas emissions reductions.
(i)This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is currently locally providing greenhouse gas emissions reductions at no cost. significant cost savings compared to conventional gasoline.
(j)Due to the lack of a consistent state an integrated E85 and flexible fuel vehicle policy, United States automakers are currently phasing down the sale of flexible fuel vehicle models in California.
(k)To reverse the decline of flexible fuel vehicles available to consumers and local and state government fleets, a state flexible fuel policy is necessary.
SEC. 2.Section 9147.10 of the Government Code is amended to read:9147.10.(a)The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the states programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.
(b)The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees.
(c)The chair of the State Air Resources Board shall annually appear before the joint committee to present the state boards annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.
(d)In recognition of the technical complexity involved in reviewing the states climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the states policies to better inform the joint committees recommendations.
(e)The joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as the benefits of procuring flexible fuel vehicles and E85 fuel for those vehicles. ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
SEC. 3.Section 43871 is added to the Health and Safety Code, to read:43871.(a)(1)No later than April 1, 2019, the state board shall develop a simple, factual summary that includes both of the following:
(A)E85 sales data from calendar years 2012 to 2017, inclusive, as reported to the state board.
(B)Existing Department of Motor Vehicles data on the number of flexible fuel vehicles registered in 2017.
(2)To facilitate the calculation of an accurate E85 usage rate in flexible fuel vehicles registered in the state for model year 2019 and subsequent years, the state board shall do both of the following with the simple, factual summary:
(A)Convey it in an official written communication to the Administrator of the United States Environmental Protection Agency.
(B)Post it on the state boards Internet Web site.
(b)The state board shall develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state. The state board shall consider adopting those policy recommendations at a board meeting no later than October 1, 2019.
SEC. 3.Section 43102 of the Health and Safety Code is amended to read:43102.(a) A new motor vehicle or new motor vehicle engine shall not be certified by the state board, unless the vehicle or engine, as the case may be, meets the emission standards adopted by the state board pursuant to Section 43101 under test procedures adopted by the state board pursuant to Section 43104.(b) Notwithstanding subdivision (a), to ensure that California consumers have an adequate selection of light-duty motor vehicle models, the state board shall adopt certification and enforcement regulations for future model years as soon as practicable, but not later than for the 1983 and subsequent model years, which will allow a manufacturer to certify in California federally certified light-duty motor vehicles with any engine family or families when their emissions are offset by the manufacturers California certified motor vehicles whose emissions are below the applicable California standards. This exemption shall not apply to emergency vehicles, as defined in the former Section 2002 of Title 15 of the United States Code.(c) Subdivision (b) shall not apply to a vehicle or engine model that is certified to meet the emission standards established pursuant to Section 43101 or 43101.5.(d)(1)Notwithstanding subdivision (a), the state board shall certify, through a streamlined certification process that provides motor vehicle manufacturers with an optional expedited certification process, new motor vehicles that are flexible fuel vehicles capable of utilizing E85 fuel as well as gasoline.(2)Notwithstanding subdivision (a), the state board shall certify, to the maximum extent possible consistent with certification and enforcement regulations, flexible fuel vehicle models that are certified to federal standards.(3)The state board shall maximize the use of E85 in flexible fuel vehicles that operate in the state.(4)On or before October 1, 2018, the state board shall begin including the measures resulting from this subdivision in the annual status report required by Section 12892 of the Government Code on the reduction of actual emissions of greenhouse gases.SEC. 4.Section 25722.5 of the Public Resources Code is amended to read:25722.5.(a)In order to achieve the policy objectives set forth in Sections 25000.5 and 25722, the Department of General Services, in consultation with the commission and the State Air Resources Board, shall develop and adopt specifications and standards for all passenger cars and light-duty trucks that are purchased or leased on behalf of, or by, state offices, agencies, and departments. An authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, that is equipped with emergency lamps or lights described in Section 25252 of the Vehicle Code is exempt from the requirements of this section. The specifications and standards shall include the following:(1)Minimum air pollution emission specifications that meet or exceed Californias Ultra-Low Emission Vehicle II (ULEV II) standards for exhaust emissions (13 Cal. Code Regs. 1961). These specifications shall apply on January 1, 2006, for passenger cars and on January 1, 2010, for light-duty trucks.(2)Notwithstanding any other provision of law, the utilization of procurement policies that enable the Department of General Services to do all of the following:(A)Evaluate and score emissions, fuel costs, and fuel economy in addition to capital cost to enable the Department of General Services to choose the vehicle with the lowest life-cycle cost when awarding a state vehicle procurement contract.(B)Maximize the purchase or lease of hybrid or Best in Class vehicles that are substantially more fuel efficient than the class average.(C)Maximize the purchase or lease of available vehicles that meet or exceed Californias Super Ultra-Low Emission Vehicle (SULEV) passenger car standards for exhaust emissions.(D)Maximize the purchase or lease of alternative fuel vehicles, including flexible fuel vehicles.(3)In order to discourage the unnecessary purchase or leasing of a sport utility vehicle and a four-wheel drive truck, a requirement that each state office, agency, or department seeking to purchase or lease that vehicle, demonstrate to the satisfaction of the Director of General Services or to the entity that purchases or leases vehicles for that office, agency, or department, that the vehicle is required to perform an essential function of the office, agency, or department. If it is so demonstrated, priority consideration shall be given to the purchase or lease of an alternative fuel or hybrid sports utility vehicle or four-wheel drive vehicle.(b)The specifications and standards developed and adopted pursuant to subdivision (a) do not apply upon the development and implementation of the method, criteria, and procedure described in Section 25722.6.(c)Each state office, agency, and department shall review its vehicle fleet and, upon finding that it is fiscally prudent, cost effective, or otherwise in the public interest to do so, shall dispose of nonessential sport utility vehicles and four-wheel drive trucks in its fleet and replace these vehicles with more fuel-efficient passenger cars and trucks.(d)To the maximum extent practicable, each state office, agency, and department that has bifuel natural gas, bifuel propane, and flex fuel vehicles in its vehicle fleet shall use the respective alternative fuel in those vehicles.(e)The Director of General Services shall compile annually and maintain information on the nature of vehicles that are owned or leased by the state, including, but not limited to, all of the following:(1)The number of passenger-type motor vehicles purchased or leased during the year, and the number owned or leased as of December 31 of each year.(2)The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year.(3)The number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year and their location.(4)The locations of the alternative fuel pumps available for those vehicles.(5)The justification provided for all sport utility vehicles and four-wheel drive trucks purchased or leased by the state and the specific office, department, or agency responsible for the purchase or lease.(6)The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year that are alternative fuel or hybrid vehicles.(7)The number of light-duty trucks disposed of under subdivision (c).(8)The total dollars spent by the state on passenger-type vehicle purchases and leases, categorized by sport utility vehicle and nonsport utility vehicle, and within each of those categories, by alternative fuel, hybrid and other.(9)The total annual consumption of gasoline and diesel fuel used by the state fleet.(10)The total annual consumption of alternative fuels.(11)On December 31, 2009, and annually thereafter, the Director of General Services shall also compile the total annual vehicle miles traveled by vehicles in the state fleet.(f)Each state office, agency, and department shall cooperate with the Department of General Services data requests in order that the department may compile and maintain the information required in subdivision (e).(g)As soon as practicable, but no later than 12 months after receiving the data, the information compiled and maintained under subdivision (e) and a list of those state offices, agencies, and departments that are not in compliance with subdivision (f) shall be made available to the public on the Department of General Services Internet Web site.(h)Beginning July 1, 2009, and every three years thereafter, the Director of General Services shall prepare a report on the information compiled and maintained pursuant to subdivision (e). The Director of General Services shall post that report on its Internet Web site.(i)Pursuant to Article IX of the California Constitution, this section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable.The Legislature finds and declares all of the following:
(a)Low-carbon transportation fuels are an important element of the states greenhouse gas emissions reduction policy.
(b)E85 is a low-carbon transportation fuel typically constituted in California of 83 percent ethanol and 17 percent gasoline.
(c)The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels.
(d)E85 can only be utilized in flexible fuel vehicles. Flexible fuel vehicles are manufactured to run on conventional gasoline as well as E85.
(e)California has supported the use of flexible-fuel vehicles as a measure to reduce greenhouse gas emissions and the dependence on petroleum.
(f)Through the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code), the state has invested $13,700,000 to develop a robust network of E85 fueling stations that can deliver E85 to flexible fuel vehicles.
(g)This network of E85 fueling stations has proven economically sustainable and is delivering significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers.
(h)This network of E85 fueling stations tripled sales of E85 in only four years, demonstrating there are strong opportunities to achieve additional greenhouse gas emissions reductions.
(i)This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is locally providing greenhouse gas emissions reductions at no cost.
(j)Due to the lack of a consistent state flexible fuel vehicle policy, United States automakers are currently phasing down the sale of flexible fuel vehicle models in California.
(k)To reverse the decline of flexible fuel vehicles available to consumers and local and state government fleets, a state flexible fuel policy is necessary.
SEC. 2.Section 9147.10 of the Government Code is amended to read:9147.10.(a)The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the states programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.
(b)The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees.
(c)The chair of the State Air Resources Board shall annually appear before the joint committee to present the state boards annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.
(d)In recognition of the technical complexity involved in reviewing the states climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the states policies to better inform the joint committees recommendations.
(e)The joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as the benefits of procuring flexible fuel vehicles and E85 fuel for those vehicles.
SEC. 3.Section 43102 of the Health and Safety Code is amended to read:43102.(a) No A new motor vehicle or new motor vehicle engine shall not be certified by the state board, unless the vehicle or engine, as the case may be, meets the emission standards adopted by the state board pursuant to Section 43101 under test procedures adopted by the state board pursuant to Section 43104.
(b) Notwithstanding subdivision (a), to assure ensure that California consumers have an adequate selection of light-duty motor vehicle models, the state board shall adopt certification and enforcement regulations for future model years as soon as practicable, but not later than for the 1983 and subsequent model years, which will allow a manufacturer to certify in California federally certified light-duty motor vehicles with any engine family or families when their emissions are offset by the manufacturers California certified motor vehicles whose emissions are below the applicable California standards. This exemption shall not apply to emergency vehicles, as defined in the former Section 2002 of Title 15 of the United States Code.
(c) Subdivision (b) shall not be applicable apply to any a vehicle or engine model which that is certified to meet the emission standards established pursuant to Section 43101 or 43101.5.
(d)(1)Notwithstanding subdivision (a), the state board shall certify, through a streamlined certification process that provides motor vehicle manufacturers with an optional expedited certification process, new motor vehicles that are flexible fuel vehicles capable of utilizing E85 fuel as well as gasoline.
(2)Notwithstanding subdivision (a), the state board shall certify, to the maximum extent possible consistent with certification and enforcement regulations, flexible fuel vehicle models that are certified to federal standards.
(3)The state board shall maximize the use of E85 in flexible fuel vehicles that operate in the state.
(4)On or before October 1, 2018, the state board shall begin including the measures resulting from this subdivision in the annual status report required by Section 12892 of the Government Code on the reduction of actual emissions of greenhouse gases.
SEC. 4.Section 25722.5 of the Public Resources Code is amended to read:25722.5.(a)In order to achieve the policy objectives set forth in Sections 25000.5 and 25722, the Department of General Services, in consultation with the commission and the State Air Resources Board, shall develop and adopt specifications and standards for all passenger cars and light-duty trucks that are purchased or leased on behalf of, or by, state offices, agencies, and departments. An authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, that is equipped with emergency lamps or lights described in Section 25252 of the Vehicle Code is exempt from the requirements of this section. The specifications and standards shall include the following:
(1)Minimum air pollution emission specifications that meet or exceed Californias Ultra-Low Emission Vehicle II (ULEV II) standards for exhaust emissions (13 Cal. Code Regs. 1961). These specifications shall apply on January 1, 2006, for passenger cars and on January 1, 2010, for light-duty trucks.
(2)Notwithstanding any other provision of law, the utilization of procurement policies that enable the Department of General Services to do all of the following:
(A)Evaluate and score emissions, fuel costs, and fuel economy in addition to capital cost to enable the Department of General Services to choose the vehicle with the lowest life-cycle cost when awarding a state vehicle procurement contract.
(B)Maximize the purchase or lease of hybrid or Best in Class vehicles that are substantially more fuel efficient than the class average.
(C)Maximize the purchase or lease of available vehicles that meet or exceed Californias Super Ultra-Low Emission Vehicle (SULEV) passenger car standards for exhaust emissions.
(D)Maximize the purchase or lease of alternative fuel vehicles, including flexible fuel vehicles.
(3)In order to discourage the unnecessary purchase or leasing of a sport utility vehicle and a four-wheel drive truck, a requirement that each state office, agency, or department seeking to purchase or lease that vehicle, demonstrate to the satisfaction of the Director of General Services or to the entity that purchases or leases vehicles for that office, agency, or department, that the vehicle is required to perform an essential function of the office, agency, or department. If it is so demonstrated, priority consideration shall be given to the purchase or lease of an alternative fuel or hybrid sports utility vehicle or four-wheel drive vehicle.
(b)The specifications and standards developed and adopted pursuant to subdivision (a) do not apply upon the development and implementation of the method, criteria, and procedure described in Section 25722.6.
(c)Each state office, agency, and department shall review its vehicle fleet and, upon finding that it is fiscally prudent, cost effective, or otherwise in the public interest to do so, shall dispose of nonessential sport utility vehicles and four-wheel drive trucks in its fleet and replace these vehicles with more fuel-efficient passenger cars and trucks.
(d)To the maximum extent practicable, each state office, agency, and department that has bifuel natural gas, bifuel propane, and flex fuel vehicles in its vehicle fleet shall use the respective alternative fuel in those vehicles.
(e)The Director of General Services shall compile annually and maintain information on the nature of vehicles that are owned or leased by the state, including, but not limited to, all of the following:
(1)The number of passenger-type motor vehicles purchased or leased during the year, and the number owned or leased as of December 31 of each year.
(2)The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year.
(3)The number of alternatively fueled vehicles and hybrid vehicles purchased or leased by the state during the year, and the total number owned or leased as of December 31 of each year and their location.
(4)The locations of the alternative fuel pumps available for those vehicles.
(5)The justification provided for all sport utility vehicles and four-wheel drive trucks purchased or leased by the state and the specific office, department, or agency responsible for the purchase or lease.
(6)The number of sport utility vehicles and four-wheel drive trucks purchased or leased by the state during the year, and the number owned or leased as of December 31 of each year that are alternative fuel or hybrid vehicles.
(7)The number of light-duty trucks disposed of under subdivision (c).
(8)The total dollars spent by the state on passenger-type vehicle purchases and leases, categorized by sport utility vehicle and nonsport utility vehicle, and within each of those categories, by alternative fuel, hybrid and other.
(9)The total annual consumption of gasoline and diesel fuel used by the state fleet.
(10)The total annual consumption of alternative fuels.
(11)On December 31, 2009, and annually thereafter, the Director of General Services shall also compile the total annual vehicle miles traveled by vehicles in the state fleet.
(f)Each state office, agency, and department shall cooperate with the Department of General Services data requests in order that the department may compile and maintain the information required in subdivision (e).
(g)As soon as practicable, but no later than 12 months after receiving the data, the information compiled and maintained under subdivision (e) and a list of those state offices, agencies, and departments that are not in compliance with subdivision (f) shall be made available to the public on the Department of General Services Internet Web site.
(h)Beginning July 1, 2009, and every three years thereafter, the Director of General Services shall prepare a report on the information compiled and maintained pursuant to subdivision (e). The Director of General Services shall post that report on its Internet Web site.
(i)Pursuant to Article IX of the California Constitution, this section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable.
All matter omitted in this version of the bill appears in the bill as amended in the Assembly, April 26, 2017. (JR11)(a)The Legislature finds and declares all of the following:
(1)Megans Law is a 1996 federal law that requires law enforcement authorities to monitor the activities of registered sex offenders and was passed as a response to the 1994 tragic murder of Megan Kanka, in which the victim and her family were unaware of their neighbors record of sexual assault.
(2)Several states have established registration programs to aid local law enforcement in knowing the whereabouts of sex offenders released into their jurisdictions and to warn the public about registered sex offenders living in their communities, including, in this state, the Department of Justices Megans Law Internet Web site.
(3)Currently under state law, registered sex offenders can avoid public disclosure under the Megans Law notification program even if they are convicted of, among other things, sexual battery by restraint or a misdemeanor charge of annoying or molesting a child.
(4)Registered sex offenders have used this loophole to avoid being on Californias Megans Law Internet Web site, therefore barring the public from knowing if and when a registered sex offender has moved into their communities.(b)It is the intent of the Legislature in enacting this act to require disclosure of these registered sex offenders on the departments Megans Law Internet Web site.
SEC. 2.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.
(2)This subdivision shall apply to the following offenses:
(A)Section 220, except assault to commit mayhem.
(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.
(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.
(E)Subdivision (b), (d), (e), or (i) of Section 289.
(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.
(B)Section 266, provided that the offense is a felony.
(C)Section 266c, provided that the offense is a felony.
(D)Section 266j.
(E)Section 267.
(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.
(G)Section 288.3, provided that the offense is a misdemeanor.
(H)Section 288.4, provided that the offense is a misdemeanor.
(I)Section 626.81.
(J)Section 647.6.
(K)Section 653c.
(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to former subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.
(e)(1)An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site pursuant to paragraph (2) if he or she demonstrates that the persons only registerable offense is either of the following:(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable law.
(2)This subdivision shall apply to the following offenses:
(A)A felony violation of subdivision (a) of Section 243.4.
(B)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.
(A)(C)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(B)(D)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(2)A person described in paragraph (1) may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of paragraph (1), the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.(3)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(4)For the purposes of this subdivision, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(5)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(6)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.
(f)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.
(g)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).
(h)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(1)Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170.
(k)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)The public notification provisions of this section are applicable to every person described in this section, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense described in this section, regardless of when it was committed.
(n)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(a)The Legislature finds and declares all of the following:
(1)Megans Law is a 1996 federal law that requires law enforcement authorities to monitor the activities of registered sex offenders and was passed as a response to the 1994 tragic murder of Megan Kanka, in which the victim and her family were unaware of their neighbors record of sexual assault.
(2)Several states have established registration programs to aid local law enforcement in knowing the whereabouts of sex offenders released into their jurisdictions and to warn the public about registered sex offenders living in their communities, including, in this state, the Department of Justices Megans Law Internet Web site.
(3)Currently under state law, registered sex offenders can avoid public disclosure under the Megans Law notification program even if they are convicted of, among other things, sexual battery by restraint or a misdemeanor charge of annoying or molesting a child.
(4)Registered sex offenders have used this loophole to avoid being on Californias Megans Law Internet Web site, therefore barring the public from knowing if and when a registered sex offender has moved into their communities.
(b)It is the intent of the Legislature in enacting this act to require disclosure of these registered sex offenders on the departments Megans Law Internet Web site.
SEC. 2.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.
(2)This subdivision shall apply to the following offenses:
(A)Section 220, except assault to commit mayhem.
(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.
(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.
(E)Subdivision (b), (d), (e), or (i) of Section 289.
(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.
(B)Section 266, provided that the offense is a felony.
(C)Section 266c, provided that the offense is a felony.
(D)Section 266j.
(E)Section 267.
(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.
(G)Section 288.3, provided that the offense is a misdemeanor.
(H)Section 288.4, provided that the offense is a misdemeanor.
(I)Section 626.81.
(J)Section 647.6.
(K)Section 653c.
(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to former subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.
(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.(2)This subdivision shall apply to the following offenses:(A)A felony violation of subdivision (a) of Section 243.4.(B)Section 647.6, if the offense is a misdemeanor.(C)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.(e)(1)An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site pursuant to paragraph (2) if he or she demonstrates that the persons only registerable offense is either of the following:
(D)(i)(A)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)(B)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(2)A person described in paragraph (1) may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of paragraph (1), the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.
(iii)(3)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(iv)(4)For the purposes of this subparagraph, subdivision, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(3)(5)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(4)(6)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.
(f)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.
(g)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).
(h)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(1)Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170.
(k)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)The public notification provisions of this section are applicable to every person described in this section, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense described in this section, regardless of when it was committed.
(n)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
SECTION 1.Section 12287.5 of the Elections Code is amended to read:12287.5.A single-family residence shall not be designated as a polling place if elections officials determine that it has the registered address of a person who is required to register pursuant to the Sex Offender Registration Act. Elections officials shall, not more than 60 days prior to designating a single-family residence as a polling place, use the Megans Law Internet Web site maintained by the Department of Justice to determine if the residence has the registered address of a sex offender. In accordance with subdivision (j) of Section 290.46 of the Penal Code, an elections official who is required to register as a sex offender shall be prohibited from accessing the Megans Law public Internet Web site.SEC. 2.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.(ii)The year he or she was released from incarceration for that offense.(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.However, the year of conviction shall not be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.(2)This subdivision shall apply to the following offenses and offenders:(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.(D)Paragraph (2) or (6) of subdivision (a) of Section 261.(E)Section 264.1.(F)Section 269.(G)Subdivision (c) or (d) of Section 286.(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.(I)Subdivision (c) or (d) of Section 288a.(J)Section 288.3, provided that the offense is a felony.(K)Section 288.4, provided that the offense is a felony.(L)Section 288.5.(M)Subdivision (a) or (j) of Section 289.(N)Section 288.7.(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.(P)A felony violation of Section 311.1.(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.(R)A felony violation of Section 311.3.(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.(T)Section 311.10.(U)A felony violation of Section 311.11.(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.(2)This subdivision shall apply to the following offenses:(A)Section 220, except assault to commit mayhem.(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.(E)Subdivision (b), (d), (e), or (i) of Section 289.(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.(2)This subdivision shall apply to the following offenses and offenders:(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.(B)Section 266, provided that the offense is a felony.(C)Section 266c, provided that the offense is a felony.(D)Section 266j.(E)Section 267.(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.(G)Section 288.3, provided that the offense is a misdemeanor.(H)Section 288.4, provided that the offense is a misdemeanor.(I)Section 626.81.(J)Section 647.6.(K)Section 653c.(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction. However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime. (e)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section.(f)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).(g)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.(h)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.(i)(1)Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).(2)Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170.(j)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.(l)(k)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:(A)Health insurance.(B)Insurance.(C)Loans.(D)Credit.(E)Employment.(F)Education, scholarships, or fellowships.(G)Housing or accommodations.(H)Benefits, privileges, or services provided by any business establishment.(3)This section does not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.(l)The public notification provisions of this section are applicable to every person described in this section, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense described in this section, regardless of when it was committed.(m)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.(n)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.A single-family residence shall not be designated as a polling place if elections officials determine that it has the registered address of a person who is required to register pursuant to the Sex Offender Registration Act. Elections officials shall, not more than 60 days prior to designating a single-family residence as a polling place, use the Megans Law Internet Web site maintained by the Department of Justice to determine if the residence has the registered address of a sex offender. In accordance with subdivision (k) (j) of Section 290.46 of the Penal Code, an elections official who is required to register as a sex offender shall be prohibited from accessing the Megans Law public Internet Web site.
SEC. 2.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.
However, no the year of conviction shall not be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.
(2)This subdivision shall apply to the following offenses:
(A)Section 220, except assault to commit mayhem.
(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.
(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.
(E)Subdivision (b), (d), (e), or (i) of Section 289.
(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.
(B)Section 266, provided that the offense is a felony.
(C)Section 266c, provided that the offense is a felony.
(D)Section 266j.
(E)Section 267.
(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.
(G)Section 288.3, provided that the offense is a misdemeanor.
(H)Section 288.4, provided that the offense is a misdemeanor.
(I)Section 626.81.
(J)Section 647.6.
(K)Section 653c.
(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). conviction. However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.
(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.(2)This subdivision shall apply to the following offenses:(A)A felony violation of subdivision (a) of Section 243.4.(B)Section 647.6, if the offense is a misdemeanor.(C)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.(D)(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.(iii)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.(iv)For the purposes of this subparagraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.(3)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.(4)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low. (f)(e)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.
(g)(f)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).
(h)(g)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)(h)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(i)(1)Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170.
(k)(j)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)
(k)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall does not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)(l)The public notification provisions of this section are applicable to every person described in this section, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense described in this section, regardless of when it was committed.
(n)(m)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)(n)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
|
Date
|
Status
|
|---|---|
| Sep 21, 2018 | Vetoed by Governor. |
| Sep 4, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 23, 2018 | Joint Rule 62(a), file notice suspended. |
| Aug 16, 2018 | Re-referred to Com. on TRANS. pursuant to Assembly Rule 77.2. |
| Aug 14, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77. |
| Aug 13, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 7, 2018 | Read second time. Ordered to third reading. |
| Aug 6, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 12, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| Jun 4, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| May 22, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| May 16, 2018 | From committee: Do pass and re-refer to Com. on T. & H. (Ayes 7. Noes 0.) (May 16). Re-referred to Com. on T. & H. |
| Mar 8, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. |
| Jul 6, 2017 | Re-referred to Coms. on EQ. and T. & H. |
| Jun 29, 2017 | Withdrawn from committee. |
| Jun 28, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 14, 2017 | Referred to Com. on PUB. S. |
| Jun 1, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 1. Page 1908.) |
| May 30, 2017 | Read second time. Ordered to third reading. |
| May 26, 2017 | From committee: Do pass. (Ayes 16. Noes 1.) (May 26). |
| May 10, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 27, 2017 | Re-referred to Com. on APPR. |
| Apr 26, 2017 | Read second time and amended. |
| Apr 25, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 18). |
| Mar 28, 2017 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Mar 23, 2017 | Re-referred to Com. on PUB. S. |
| Mar 22, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 21, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 27, 2017 | Referred to Com. on PUB. S. |
| Feb 15, 2017 | From printer. May be heard in committee March 17. |
| Feb 14, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 558 QUIRK-SILVA Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 23, 2018 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Transportation |
Passed |
|
| Aug 13, 2018 | Assembly 3rd Reading AB558 Quirk-Silva By Wieckowski | Senate Floor |
Passed |
|
| Jun 12, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 16, 2018 | Do pass, but first be re-referred to the Committee on [Transportation and Housing] | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 31, 2017 | AB 558 QUIRK-SILVA Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Constitutional Sex Offense Law | * Against | Apr 18, 2017 |
| Alliance for Constitutional Sex Offense Law | * Support | Apr 18, 2017 |
| American Civil Liberties Union | ** Against | Apr 17, 2017 |
| California Attorneys For Criminal Justice | ** Against | Apr 17, 2017 |
| California Civil Liberties Advocacy | * Against | Apr 18, 2017 |
| California Independent Oil Marketers Association | ** Support | Aug 8, 2018 |
| California New Car Dealers Association | ** Support | Jun 7, 2018 |
| California Protective Parents Association | * Support | Apr 18, 2017 |
| California Public Defenders Association | ** Against | Apr 17, 2017 |
| City Of Fullerton | ** Support | Apr 17, 2017 |
| Los Angeles District Attorney's Office | ** Against | Apr 17, 2017 |
| Pearson Fuels | ** Support | Aug 8, 2018 |
| Pearson Fuels | * Support | Aug 23, 2018 |
GOVERNOR'S VETO
GV Bill Id:AB 558
Author:(Quirk-Silva)
As Enrolled Ver:September 4, 2018
2/3 vote
ASSEMBLY: |
| (May 31, 2017) | SENATE: | 35-0 | (August 13, 2018) |
(vote not relevant)
COMMITTEE VOTE: | 12-0 | (August 23, 2018) | RECOMMENDATION: | concur |
(Transportation)
ASSEMBLY: | 69-0 | (August 27, 2018) |
|
|
Original Committee Reference: PUB. S.
SUMMARY: Requires, among other things, the Air Resources Board (ARB) develop a simple, factual summary that includes E85 fuel distribution and flexible fuel vehicle (FFV) registration data; to convey the summary to the federal government; to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state; and to consider these recommendations at a board meeting no later than October 1, 2019.
The Senate amendments delete the Assembly version of this bill and instead:
- Provide that the Joint Legislative Committee on Climate Change Policies may recommend that ARB provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles (ZEVs), and enabling active transportation.
- Require ARB, no later than April 1, 2019, to develop a simple, factual summary that includes E85 distribution data from calendar years 2012 to 2017 and existing Department of Motor Vehicles data on the number of FFVs registered in 2017.
- Require ARB, for the purpose of facilitating the accurate calculation of E85 usage in FFVs as specified, to convey the summary to the Administrator of the United States Environmental Protection Agency (EPA) and to post it on ARB's Internet Web site.
- Require ARB to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state, for consideration at a board meeting no later than October 1, 2019.
- State, among other findings and declarations, that it is the intent of the Legislature that this bill result in ARB developing policies that do not include the subsidizing of the production, distribution, or use of E85 or for the purchase of FFVs.
- Specify that this bill does not prohibit ARB from promulgating a rulemaking authorized pursuant to another state law on the subsidizing of the production, distribution, or use of E85 or on the purchase of FFVs.
EXISTING LAW:
- Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and implement the Federal Clean Air Act (FCAA).
- Requires ARB to adopt and implement technologically feasible emission standards for new motor vehicles to, among other things, ensure compliance with state air quality laws and the FCAA, and prohibit vehicles that do not comply with those emissions standards from being certified for use in the state.
- Requires ARB, pursuant to California Global Warming Solutions Act of 2006 (AB 32 (Núñez and Pavley), Chapter 488, Statutes of 2006), to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020; and to ensure that statewide GHG emissions are reduced to at least 40% below 1990 levels by 2030.
- Establishes the Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP), administered by California Energy Commission (CEC), to provide grants and other financial incentives to accelerate the development and deployment of clean, efficient, low carbon alternative fuels and technologies.
- Establishes the Charge Ahead California Initiative pursuant to SB 1275 (de León), Chapter 530, Statutes of 2014, that, among other things, includes the goal of placing at least one million ZEV and near-zero emission vehicles (NZEV) into service by January 1, 2023, and increasing access to these vehicles for disadvantaged, low-income, and moderate-income communities and consumers.
AS PASSED BY THE ASSEMBLY, this bill eliminated the right of a person who has been convicted of a misdemeanor offense of annoying or molesting a minor to petition the Department of Justice (DOJ) for exclusion from the Megan's Law Website.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state cost.
COMMENTS: To reduce mobile source pollution and GHGs, the state is reducing its reliance on gasoline-powered cars and promoting efforts to advance cleaner alternative fueled powered vehicles and the deployment of ZEVs and NZEVs, which run on electricity and have very small or no tailpipe emissions. Such efforts include the creation of the ARFVTP, the Low Carbon Fuel Standard (LCFS), the ZEV mandate (that set the requirement that manufactures make and sell a certain number of ZEVs based on a specified credit requirement), and the enactment of SB 1275 (de León), Chapter 530, Statutes of 2014. Additionally, in 2012, Governor Brown issued EO B-16-2012 which established the milestone of placing 1.5 million ZEVs on California roadways by 2025 and this year, announced a new goal and issued B-48-2018 which orders the deployment of 5 million ZEVs on California roads by 2030.
ARB created LFCS to encourage the use and production of cleaner low-carbon fuels in California in order to reduce GHG emissions. The LCFS standards are expressed in terms of the Carbon Intensity (CI) of gasoline and diesel fuel, as well as their alternatives. Fuels and fuel blendstocks introduced into the California fuel system that have a CI higher than the applicable standard (e.g. fossil gasoline and diesel) generate deficits. Similarly, fuels and fuel blendstocks with CIs below the standard (e.g. biofuels, electricity, and hydrogen) generate credits. The LCFS is performance-based and fuel-neutral, allowing the market to determine how the CI of California's transportation fuels will be reduced. This program is based on the principle that each fuel has lifecycle GHG emissions associated with using that fuel. Subjecting this lifecycle GHG rating to a declining cap for transportation fuels in California will result in a decrease in the total lifecycle GHG emissions from fuels used in the state.
Ethanol is the only widely available gasoline substitute, and it is used primarily as a fuel additive with gasoline. California limits ethanol blends in conventional gasoline to 10%, although the U.S. EPA does permit blends of up to 15%. FFVs are capable of running on higher blends of up to 85% ethanol and 15% gasoline, referred to as E85. However, the actual ethanol content of E85 can vary. E85 is usually priced lower than gasoline, but because of its lower energy density it only makes economic sense to use when it is priced 20-30% less than gasoline. The total GHG lifecycle impact of using E85 is currently about 15-20% GHG emissions compared to gasoline. Therefore, E85 benefits from LCFS because is less carbon intensive than gasoline.
Ethanol is the alcohol contained in wine, beer, spirits, and other alcoholic beverages. As such, the ethanol used for fuels is typically derived from the fermentation and distillation of corn. This makes E85 somewhat controversial. Opponents argue that arable land and water supplies should be used only for food production, not fuel production. Supporters counter that most corn grown in the USA is fed to livestock, which cannot digest the starchy material used to make corn-based ethanol. E85 is more common in the Midwest, where corn is grown more frequently, than in California.
Stations in California offering E85 are typically located in major population centers. As such, an FFV located in suburban or rural California is likely to run exclusively on gasoline. An FFV located in the bay area, Los Angeles, Sacramento, or San Diego may be more likely to use E85 if a driver seeks out a station offering E85 for sale, but the vehicle could more easily run entirely on gasoline. About 1.6 million FFVs are registered in California, which, during 2016, used 18.7 million gallons of E85. While sales of E85 continue to increase as more fueling stations come on-line, E85 accounts for only about 1-3% of the total fuel used by FFVs.
According to the author, "FFVs can run on either gasoline or an ethanol/gasoline blend known as E85, which provides a net reduction in GHG emissions. Unfortunately, the federal Corporate Average Fuel Economy (CAFE) credits for FFVs have been reduced, thereby reducing the incentives for auto manufacturers to bring FFVs to market. As such, only 2/3 of the available FFV models have been brought to California for certification in order to offer them for sale to consumers. The CAFÉ credit calculation has been reduced based upon an assumption that FFVs operate 100% of the time on conventional gasoline, and not on E85. Yet, in California, we know that E85 sales have tripled over the past four years, with nearly 24 million gallons of E85 sold in the state in 2017. Providing this accurate distribution data along with a calculation of usage by those FFVs currently on the road will inform the federal EPA and potentially result in a correction and more accurate rate of use for E85 in FFVs. With more than one million FFVs in operation on our roads in California, AB 558 asks ARB to develop policy recommendations to maximize the use of the alternative fuel in these FFVs towards reducing GHGs and leveraging this established technology for emission reductions."
Committee Comments: While the transportation sector thrives to be zero-emission, California has a way to go to achieve this goal. Thus, it seems prudent to advance efforts that provide for more informed decisions, in the short-term, to diversify alternative fuels in this state.
This bill requires the California Air Resources Board to develop policy recommendations to maximize the use of E85, a fuel blend of 85% ethanol and 15% gasoline, in flex fuel vehicles that operate in the state.
California has recognized the potential benefits of E85 and has adopted the Low Carbon Fuel Standard to support E85 and other fuels that reduce the use of petroleum.
Earlier this month, I issued executive order B-55-18, directing the state to achieve carbon neutrality by 2045 and net negative greenhouse gas emissions after that. In order to meet this ambitious goal and truly decarbonize California's transportation sector, our state agencies must focus on emerging markets for the cleanest vehicles and fuels possible.
Analysis Prepared by: Cynthia Alvarez / TRANS. / (916) 319-2093 FN: 0005259
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 558
Author:(Quirk-Silva)
As Amended Ver:June 4, 2018
Majority vote
ASSEMBLY: |
| (May 31, 2017) | SENATE: | 35-0 | (August 13, 2018) |
(vote not relevant)
COMMITTEE VOTE: | 12-0 | (August 23, 2018) | RECOMMENDATION: | concur |
(Transportation)
Original Committee Reference: TRANS.
SUMMARY: Requires, among other things, the Air Resources Board (ARB) develop a simple, factual summary that includes E85 fuel distribution and flexible fuel vehicle (FFV) registration data; to convey the summary to the federal government; to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state; and to consider these recommendations at a board meeting no later than October 1, 2019.
The Senate amendments delete the Assembly version of the bill and instead:
- Provide that the Joint Legislative Committee on Climate Change Policies may recommend that ARB provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles (ZEVs), and enabling active transportation.
- Require ARB, no later than April 1, 2019, to develop a simple, factual summary that includes E85 distribution data from calendar years 2012 to 2017 and existing Department of Motor Vehicles data on the number of FFVs registered in 2017.
- Require ARB, for the purpose of facilitating the accurate calculation of E85 usage in FFVs as specified, to convey the summary to the Administrator of the United States Environmental Protection Agency (EPA) and to post it on ARB's Internet Web site.
- Require ARB to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state, for consideration at a board meeting no later than October 1, 2019.
- State, among other findings and declarations, that it is the intent of the Legislature that this bill result in ARB developing policies that do not include the subsidizing of the production, distribution, or use of E85 or for the purchase of FFVs.
- Specify that this bill does not prohibit ARB from promulgating a rulemaking authorized pursuant to another state law on the subsidizing of the production, distribution, or use of E85 or on the purchase of FFVs.
EXISTING LAW:
- Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and implement the Federal Clean Air Act (FCAA).
- Requires ARB to adopt and implement technologically feasible emission standards for new motor vehicles to, among other things, ensure compliance with state air quality laws and the FCAA, and prohibit vehicles that do not comply with those emissions standards from being certified for use in the state.
- Requires ARB, pursuant to California Global Warming Solutions Act of 2006 (AB 32 (Núñez and Pavley), Chapter 488, Statutes of 2006), to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020; and to ensure that statewide GHG emissions are reduced to at least 40% below 1990 levels by 2030.
- Establishes the Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP), administered by California Energy Commission (CEC), to provide grants and other financial incentives to accelerate the development and deployment of clean, efficient, low carbon alternative fuels and technologies.
- Establishes the Charge Ahead California Initiative pursuant to SB 1275 (de León), Chapter 530, Statutes of 2014, that, among other things, includes the goal of placing at least one million ZEV and near-zero emission vehicles (NZEV) into service by January 1, 2023, and increasing access to these vehicles for disadvantaged, low-income, and moderate-income communities and consumers.
AS PASSED BY THE ASSEMBLY, this bill eliminated the right of a person who has been convicted of a misdemeanor offense of annoying or molesting a minor to petition the Department of Justice (DOJ) for exclusion from the Megan's Law Website.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state cost.
COMMENTS: To reduce mobile source pollution and GHGs, the state is reducing its reliance on gasoline-powered cars and promoting efforts to advance cleaner alternative fueled powered vehicles and the deployment of ZEVs and NZEVs, which run on electricity and have very small or no tailpipe emissions. Such efforts include the creation of the ARFVTP, the Low Carbon Fuel Standard (LCFS), the ZEV mandate (that set the requirement that manufactures make and sell a certain number of ZEVs based on a specified credit requirement), and the enactment of SB 1275 (de León), Chapter 530, Statutes of 2014. Additionally, in 2012, Governor Brown issued EO B-16-2012 which established the milestone of placing 1.5 million ZEVs on California roadways by 2025 and this year, announced a new goal and issued B-48-2018 which orders the deployment of 5 million ZEVs on California roads by 2030.
ARB created LFCS to encourage the use and production of cleaner low-carbon fuels in California in order to reduce GHG emissions. The LCFS standards are expressed in terms of the Carbon Intensity (CI) of gasoline and diesel fuel, as well as their alternatives. Fuels and fuel blendstocks introduced into the California fuel system that have a CI higher than the applicable standard (e.g. fossil gasoline and diesel) generate deficits. Similarly, fuels and fuel blendstocks with CIs below the standard (e.g. biofuels, electricity, and hydrogen) generate credits. The LCFS is performance-based and fuel-neutral, allowing the market to determine how the CI of California's transportation fuels will be reduced. This program is based on the principle that each fuel has lifecycle GHG emissions associated with using that fuel. Subjecting this lifecycle GHG rating to a declining cap for transportation fuels in California will result in a decrease in the total lifecycle GHG emissions from fuels used in the state.
Ethanol is the only widely available gasoline substitute, and it is used primarily as a fuel additive with gasoline. California limits ethanol blends in conventional gasoline to 10%, although the U.S. EPA does permit blends of up to 15%. FFVs are capable of running on higher blends of up to 85% ethanol and 15% gasoline, referred to as E85. However, the actual ethanol content of E85 can vary. E85 is usually priced lower than gasoline, but because of its lower energy density it only makes economic sense to use when it is priced 20-30% less than gasoline. The total GHG lifecycle impact of using E85 is currently about 15-20% GHG emissions compared to gasoline. Therefore, E85 benefits from LCFS because is less carbon intensive than gasoline.
Ethanol is the alcohol contained in wine, beer, spirits, and other alcoholic beverages. As such, the ethanol used for fuels is typically derived from the fermentation and distillation of corn. This makes E85 somewhat controversial. Opponents argue that arable land and water supplies should be used only for food production, not fuel production. Supporters counter that most corn grown in the USA is fed to livestock, which cannot digest the starchy material used to make corn-based ethanol. E85 is more common in the Midwest, where corn is grown more frequently, than in California.
Stations in California offering E85 are typically located in major population centers. As such, an FFV located in suburban or rural California is likely to run exclusively on gasoline. An FFV located in the bay area, Los Angeles, Sacramento, or San Diego may be more likely to use E85 if a driver seeks out a station offering E85 for sale, but the vehicle could more easily run entirely on gasoline. About 1.6 million FFVs are registered in California, which, during 2016, used 18.7 million gallons of E85. While sales of E85 continue to increase as more fueling stations come on-line, E85 accounts for only about 1-3 percent of the total fuel used by FFVs.
According to the author, "FFVs can run on either gasoline or an ethanol/gasoline blend known as E85, which provides a net reduction in GHG emissions. Unfortunately, the federal Corporate Average Fuel Economy (CAFE) credits for FFVs have been reduced, thereby reducing the incentives for auto manufacturers to bring FFVs to market. As such, only 2/3 of the available FFV models have been brought to California for certification in order to offer them for sale to consumers. The CAFÉ credit calculation has been reduced based upon an assumption that FFVs operate 100% of the time on conventional gasoline, and not on E85. Yet, in California, we know that E85 sales have tripled over the past four years, with nearly 24 million gallons of E85 sold in the state in 2017. Providing this accurate distribution data along with a calculation of usage by those FFVs currently on the road will inform the federal EPA and potentially result in a correction and more accurate rate of use for E85 in FFVs. With more than one million FFVs in operation on our roads in California, AB 558 asks ARB to develop policy recommendations to maximize the use of the alternative fuel in these FFVs towards reducing GHGs and leveraging this established technology for emission reductions."
Committee Comments: While the transportation sector thrives to be zero-emission, California has a way to go to achieve this goal. Thus, it seems prudent to advance efforts that provide for more informed decisions, in the short-term, to diversify alternative fuels in this state.
Analysis Prepared by: Cynthia Alvarez / TRANS. / (916) 319-2093 FN: 0004796
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 558
Author:(Quirk-Silva)
As Amended Ver:June 4, 2018
Majority vote
ASSEMBLY: | 75-1 | (May 31, 2018) | SENATE: | 35-0 | (August 13, 2018) |
Original Committee Reference: PUB. S.
SUMMARY: Requires, among other things, the Air Resources Board (ARB) develop a simple, factual summary that includes E85 fuel distribution and flexible fuel vehicle (FFV) registration data; to convey the summary to the federal government; to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state; and to consider these recommendations at a board meeting no later than October 1, 2019.
The Senate amendments delete the Assembly version of the bill and instead:
- Provide that the Joint Legislative Committee on Climate Change Policies may recommend that ARB provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles (ZEVs), and enabling active transportation.
- Require ARB, no later than April 1, 2019, to develop a simple, factual summary that includes E85 distribution data from calendar years 2012 to 2017 and existing Department of Motor Vehicles data on the number of FFVs registered in 2017.
- Require ARB, for the purpose of facilitating the accurate calculation of E85 usage in FFVs as specified, to convey the summary to the Administrator of the United States Environmental Protection Agency (EPA) and to post it on ARB’s Internet Web site.
- Require ARB to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state, for consideration at a board meeting no later than October 1, 2019.
- State, among other findings and declarations, that it is the intent of the Legislature that this bill result in ARB developing policies that do not include the subsidizing of the production, distribution, or use of E85 or for the purchase of FFVs.
- Specify that this bill does not prohibit ARB from promulgating a rulemaking authorized pursuant to another state law on the subsidizing of the production, distribution, or use of E85 or on the purchase of FFVs.
EXISTING LAW:
- Establishes ARB as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and implement the Federal Clean Air Act (FCAA).
- Requires ARB to adopt and implement technologically feasible emission standards for new motor vehicles to, among other things, ensure compliance with state air quality laws and the FCAA, and prohibit vehicles that do not comply with those emissions standards from being certified for use in the state.
- Requires ARB, pursuant to California Global Warming Solutions Act of 2006 [AB 32 (Núñez and Pavley), Chapter 488, Statutes of 2006], to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020; and to ensure that statewide GHG emissions are reduced to at least 40% below 1990 levels by 2030.
- Establishes the Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP), administered by California Energy Commission (CEC), to provide grants and other financial incentives to accelerate the development and deployment of clean, efficient, low carbon alternative fuels and technologies.
- Establishes the Charge Ahead California Initiative pursuant to SB 1275 (de León), Chapter 530, Statutes of 2014, that, among other things, includes the goal of placing at least one million ZEV and near-zero emission vehicles (NZEV) into service by January 1, 2023, and increasing access to these vehicles for disadvantaged, low-income, and moderate-income communities and consumers.
AS PASSED BY THE ASSEMBLY, this bill eliminated the right of a person who has been convicted of a misdemeanor offense of annoying or molesting a minor to petition the Department of Justice (DOJ) for exclusion from the Megan's Law Website.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state cost.
COMMENTS: To reduce mobile source pollution and GHGs, the state is reducing its reliance on gasoline-powered cars and promoting efforts to advance cleaner alternative fueled powered vehicles and the deployment of ZEVs and NZEVs, which run on electricity and have very small or no tailpipe emissions. Such efforts include the creation of the ARFVTP, the Low Carbon Fuel Standard (LCFS), the ZEV mandate (that set the requirement that manufactures make and sell a certain number of ZEVs based on a specified credit requirement), and the enactment of SB 1275 (de León), Chapter 530, Statutes of 2014. Additionally, in 2012, Governor Brown issued EO B-16-2012 which established the milestone of placing 1.5 million ZEVs on California roadways by 2025 and this year, announced a new goal and issued B-48-2018 which orders the deployment of 5 million ZEVs on California roads by 2030.
ARB created LFCS to encourage the use and production of cleaner low-carbon fuels in California in order to reduce GHG emissions. The LCFS standards are expressed in terms of the Carbon Intensity (CI) of gasoline and diesel fuel, as well as their alternatives. Fuels and fuel blendstocks introduced into the California fuel system that have a CI higher than the applicable standard (e.g. fossil gasoline and diesel) generate deficits. Similarly, fuels and fuel blendstocks with CIs below the standard (e.g. biofuels, electricity, and hydrogen) generate credits. The LCFS is performance-based and fuel-neutral, allowing the market to determine how the CI of California’s transportation fuels will be reduced. This program is based on the principle that each fuel has lifecycle GHG emissions associated with using that fuel. Subjecting this lifecycle GHG rating to a declining cap for transportation fuels in California will result in a decrease in the total lifecycle GHG emissions from fuels used in the state.
Ethanol is the only widely available gasoline substitute, and it is used primarily as a fuel additive with gasoline. California limits ethanol blends in conventional gasoline to 10%, although the U.S. EPA does permit blends of up to 15%. FFVs are capable of running on higher blends of up to 85% ethanol and 15% gasoline, referred to as E85. However, the actual ethanol content of E85 can vary. E85 is usually priced lower than gasoline, but because of its lower energy density it only makes economic sense to use when it is priced 20-30% less than gasoline. The total GHG lifecycle impact of using E85 is currently about 15-20% GHG emissions compared to gasoline. Therefore, E85 benefits from LCFS because is less carbon intensive than gasoline.
Ethanol is the alcohol contained in wine, beer, spirits, and other alcoholic beverages. As such, the ethanol used for fuels is typically derived from the fermentation and distillation of corn. This makes E85 somewhat controversial. Opponents argue that arable land and water supplies should be used only for food production, not fuel production. Supporters counter that most corn grown in the USA is fed to livestock, which cannot digest the starchy material used to make corn-based ethanol. E85 is more common in the Midwest, where corn is grown more frequently, than in California.
Stations in California offering E85 are typically located in major population centers. As such, an FFV located in suburban or rural California is likely to run exclusively on gasoline. An FFV located in the bay area, Los Angeles, Sacramento, or San Diego may be more likely to use E85 if a driver seeks out a station offering E85 for sale, but the vehicle could more easily run entirely on gasoline. About 1.6 million FFVs are registered in California, which, during 2016, used 18.7 million gallons of E85. While sales of E85 continue to increase as more fueling stations come on-line, E85 accounts for only about one to three percent of the total fuel used by FFVs.
According to the author, "FFVs can run on either gasoline or an ethanol/gasoline blend known as E85, which provides a net reduction in GHG emissions. Unfortunately, the federal Corporate Average Fuel Economy (CAFE) credits for FFVs have been reduced, thereby reducing the incentives for auto manufacturers to bring FFVs to market. As such, only 2/3 of the available FFV models have been brought to California for certification in order to offer them for sale to consumers. The CAFÉ credit calculation has been reduced based upon an assumption that FFVs operate 100% of the time on conventional gasoline, and not on E85. Yet, in California, we know that E85 sales have tripled over the past four years, with nearly 24 million gallons of E85 sold in the state in 2017. Providing this accurate distribution data along with a calculation of usage by those FFVs currently on the road will inform the federal EPA and potentially result in a correction and more accurate rate of use for E85 in FFVs. With more than one million FFVs in operation on our roads in California, AB 558 asks ARB to develop policy recommendations to maximize the use of the alternative fuel in these FFVs towards reducing GHGs and leveraging this established technology for emission reductions."
Committee Comments: While the transportation sector thrives to be zero-emission, California has a way to go to achieve this goal. Thus, it seems prudent to advance efforts that provide for more informed decisions, in the short-term, to diversify alternative fuels in this state.
Analysis Prepared by: Cynthia Alvarez / TRANS. / (916) 319-2093 FN: 0003996
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 558
:
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 5/16/18
AYES: Wieckowski, Stone, Gaines, Hill, Lara, Skinner, Stern
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 6/12/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Roth, Skinner, Vidak, Wieckowski, Wiener
NO VOTE RECORDED: Morrell
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: Not relevant
DIGEST:
This bill, among other things, requires the Air Resources Board (ARB) (1) no later than April 1, 2019, to develop a simple, factual summary that includes E85 distribution data from calendar years 2012 to 2017 and existing Department of Motor Vehicles data on the number of flexible fuel vehicles (FFVs) registered in 2017, and (2) to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state, for consideration at a board meeting no later than October 1, 2019.
ANALYSIS: Existing federal law, the Federal Clean Air Act (FCAA) and its implementing regulations, sets National Ambient Air Quality Standards (NAAQS) for six criteria pollutants, designates air basins that do not achieve NAAQS as nonattainment, allows only California to set vehicular emissions standards stricter than the federal government, and allows other states to adopt either the federal or California vehicular emissions standards. (42 U.S.C. §7401 et seq.)
Existing state law:
- Establishes ARB as the air pollution control agency in California and requires the ARB, among other things, to control emissions from a wide array of mobile sources and implement the FCAA. (Health and Safety Code (HSC) §39500 et seq.)
- Requires ARB to adopt and implement technologically feasible emission standards for new motor vehicles to, among other things, ensure compliance with state air quality laws and the FCAA, and prohibit vehicles that do not comply with those emissions standards from being certified for use in the state. (HSC §43100 et seq.)
- Requires, under the California Global Warming Solutions Act of 2006 (also known as AB 32), ARB to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level to be achieved by 2020. (HSC §38500 et seq.)
- Requires ARB to ensure that statewide GHG emissions are reduced to at least 40% below the 1990 level by December 31, 2030. (HSC §38566)
- Establishes Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations (Low-Carbon Fuel Standard (LCFS)), a market-based compliance mechanism administered by ARB to reduce the Carbon Intensity (CI) of transportation fuels in California, as specified.
- Establishes Sections 1962.1, 1962.2, and 1962.3 of Title 13 of the California Code of Regulations (Zero-Emission Vehicle (ZEV) Mandate) that requires large volume and intermediate volume vehicle manufacturers that sell cars in California to produce ZEVs, as specified.
- Requires, under Governor Brown’s Executive Order B-16-2012, that the state ensure 1.5 million ZEVs are on the road by 2025.
- Requires, under Governor Brown’s Executive Order B-48-2018, that the state ensure 5 million ZEVs are on the road by 2030.
This bill:
- Specifies that the Joint Legislative Committee on Climate Change Policies may recommend that ARB provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
- Requires ARB, no later than April 1, 2019, to develop a simple, factual summary that includes E85 distribution data from calendar years 2012 to 2017 and existing Department of Motor Vehicles data on the number of flexible fuel vehicles (FFVs) registered in 2017.
- Requires ARB, for the purpose of facilitating the accurate calculation of E85 usage in FFVs as specified, to convey the summary to the Administrator of the United States Environmental Protection Agency and to post it on ARB’s Internet Web site.
- Requires ARB to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state, for consideration at a board meeting no later than October 1, 2019.
- States, among other findings and declarations, that it is the intent of the Legislature that this bill result in ARB developing policies that do not include the subsidizing of the production, distribution, or use of E85 or for the purchase of flexible fuel vehicles.
- Specifies that this bill does not prohibit ARB from promulgating a rulemaking authorized pursuant to another state law on the subsidizing of the production, distribution, or use of E85 or on the purchase of flexible fuel vehicles.
Background
- E85 fuel and flexible fuel vehicles. FFVs are vehicles that can run on both gasoline and E85. E85 is an alternative fuel that can be used by some vehicles instead of pure gasoline. E85 is a mixture that is approximately 85% ethanol and 15% gasoline. The actual ethanol content of E85 can vary depending upon the month of the year and geographical location, and may contain only 70% ethanol. In contrast, California’s reformulated gasoline contains about 6-10% ethanol.
Ethanol has a lower energy density than regular gasoline, meaning FFVs using E85 will get fewer miles per gallon, typically 20-30% less. E85 is usually priced lower than gasoline, but because of its lower energy density it only makes economic sense to use when it is priced 20-30% less than gasoline. The total GHG lifecycle impact of using E85 is currently about 20% less GHG emissions compared to gasoline, however, so it is a low-carbon fuel alternative to gasoline and therefore preferable from a climate change impact perspective.
Ethanol is the alcohol contained in wine, beer, spirits, and other alcoholic beverages. As such, the ethanol used for fuels is typically derived from the fermentation and distillation of corn. This makes E85 somewhat controversial. Opponents argue that arable land and water supplies should be used only for food production, not fuel production. Supporters counter that most corn grown in the USA is fed to livestock, which cannot digest the starchy material used to make corn-based ethanol.
E85 is more common in the Midwest, where corn is grown more frequently, than in California. Websites dedicated to promoting E85 show that stations in California offering E85 are far and few between, and typically located in major population centers. As such, an FFV located in suburban or rural California is likely to run exclusively on gasoline. An FFV located in the bay area, Los Angeles, Sacramento, or San Diego may be more likely to use E85 if a driver seeks out a station offering E85 for sale, but the vehicle could more easily run entirely on gasoline. - Low Carbon Fuel Standard (LCFS). The LCFS is designed to encourage the use and production of cleaner low-carbon fuels in California in order to reduce GHG emissions. The LCFS standards are expressed in terms of the Carbon Intensity (CI) of gasoline and diesel fuel, as well as their alternatives. The LCFS is performance-based and fuel-neutral, allowing the market to determine how the CI of California’s transportation fuels will be reduced. This program is based on the principle that each fuel has lifecycle GHG emissions associated with using that fuel. Subjecting this lifecycle GHG rating to a declining cap for transportation fuels in California will result in a decrease in the total lifecycle GHG emissions from fuels used in the state.
- Zero Emission Vehicle (ZEV) regulation. The ZEV regulation requires large volume and intermediate volume vehicle manufacturers that sell cars in California to produce ZEVs (such as battery electric and fuel cell vehicles), clean plug-in hybrids, clean hybrids and clean gasoline vehicles with near-zero tail pipe emissions. In general, the ZEV regulation requires that 15% of new car sales be ZEVs by 2025. This target is intended to achieve 1.5 million ZEVs on the road by 2025 as directed under Governor Brown’s Executive Order B-16-2012.
Under the FCAA, other states may choose to adopt California’s air quality standards. Currently, 10 states (including California) follow California’s rules, which include the ZEV regulation.
Comments
- Purpose of Bill. According to the author, “AB 558 will ensure California makes the most of all available tools at our disposal to reach our emission goals. Having set an ambitious mandate to bring down emission levels by 2030, we need to focus on the largest source of Greenhouse Gas (GHG) emissions, with transportation accounting for more than a third of our total GHG emissions. 25 million automobiles contribute to this figure, and it is in our interest to ensure that Flex Fuel Vehicles are utilizing E85—a qualifying fuel under the Low Carbon Fuels Standard—to the maximum extent possible in order to both reduce petroleum dependence and lower GHG emissions. By focusing on the vast majority of vehicles on the road and their carbon footprint, AB 558 will help drive the continued shift away from carbon intensive vehicles on our roads and in our state.”
- On the road to a carbon-free future. In an effort to curb air pollution and mitigate climate change, California is pushing forward with aggressive ZEV deployment goals, as evidenced by over a dozen bills considered by the Legislature in the last few years, as well as Governor Brown’s two executive orders, B-16-2012 and B-48-2018, requiring 1.5 million ZEVs are on the road by 2025 and 5 million ZEVs are on the road 2030, respectively.
Assuming California can meet the goal of 5 million ZEVs on the road by 2030, that will leave an estimated 24 million cars, or roughly 83% of cars on the road, that require fuel to operate.
Ultimately, to achieve the state’s climate and air quality goals, California must move away from vehicles that utilize carbon-based fuels, even low-carbon fuels, so policies like those contained in AB 558 are not long-term solutions. However, getting to an entirely ZEV fleet in California is a long way off and achieving the state’s climate and air quality goals will require short- and mid-term steps that tackle emissions today, not just avoid emissions decades from now.
Given the fact that the vast majority of the cars operating in California will not be ZEVs for the foreseeable future, if the Legislature wants to fight climate change and air pollution to the maximum extent possible, it may wish to consider what can be done to clean up emissions from the lion’s share of cars operating in the state until an entirely ZEV future can be realized.
Therefore, the Legislature may wish to consider supporting policies that promote the use of E85 and other low-carbon fuels that can help the state achieve its air quality and climate change goals.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Independent Oil Marketers Association
Pearson Fuels
None received
8/8/18 9:54:48
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: AB 558 Hearing Date: 6/12/2018
Author: | Quirk-Silva | ||
Version: | 6/4/2018 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Randy Chinn | ||
SUBJECT: Alternative fuel vehicles: flexible fuel vehicles
DIGEST: This bill requires the State Air Resources Board (ARB) to develop specified information regarding E85 fuel distribution and flexible fuel vehicle registration, and to develop supporting policy recommendations.
ANALYSIS:
E85 fuel and flexible fuel vehicles. Flexible Fuel Vehicles (FFVs) are vehicles that can run on both gasoline and E85, which is a mixture that is approximately 85% ethanol and 15% gasoline. E85 is not a suitable fuel for standard vehicles. The actual ethanol content of E85 can vary depending upon the month of the year and geographical location, and may contain only 70% ethanol. In contrast, California’s gasoline contains about 6-10% ethanol. FFVs are not zero emission vehicles.
Existing law:
- Establishes the ARB as the air pollution control agency in California and requires the ARB, among other things, to control emissions from a wide array of mobile sources and implement the Federal Clean Air Act (FCAA).
- Requires ARB to adopt and implement technologically feasible emission standards for new motor vehicles to, among other things, ensure compliance with state air quality laws and the FCAA, and prohibit vehicles that do not comply with those emissions standards from being certified for use in the state.
- Requires, under the California Global Warming Solutions Act of 2006 (also known as AB 32), ARB to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level to be achieved by 2020.
- Establishes the Alternative and Renewable Fuel and Vehicle Technology Program to develop and deploy technology that transforms California’s fuel and vehicle types to help attain the state’s climate change policies.
This bill:
- Requires ARB, by April 1, 2019, to develop a factual summary of E85 distribution data from 2012 to 2017 and existing Department of Motor Vehicle data on the number of flexible fuel vehicles registered in 2017. This summary shall be formally conveyed to the Administrator of the United States Environmental Protection Agency, and posted to ARBS website.
- Requires ARB to develop policy recommendations to maximize the use of E85 in flexible fuel vehicles and to consider adopting those regulations no later than October 1, 2019.
COMMENTS
- Purpose. According to the author, incentives for auto manufacturers to bring their FFV models to California have diminished because of a misunderstanding at the federal Environmental Protection Agency (EPA) of how much E85 is sold in state. This bill will produce the information necessary to correct the EPA’s misunderstanding, resulting in more choices for California drivers. This bill will also encourage ARB to develop policy recommendations to maximize the use of E85 in FFVs to maximize the GHG reduction potential from these vehicles.
- A Green Alternative to Gas. Ethanol has a lower energy density than regular gasoline, meaning FFVs using E85 will get fewer miles per gallon, typically 20-30% less. E85 is usually priced lower than gasoline, but because of its lower energy density it only makes economic sense to use when it is priced 20-30% less than gasoline. The total GHG lifecycle impact of using E85 is currently about 20% less GHG emissions compared to gasoline, however, so it is a low-carbon fuel alternative to gasoline and therefore preferable from a greenhouse gas emissions perspective.
Ethanol is the alcohol contained in wine, beer, spirits, and other alcoholic beverages. As such, the ethanol used for fuels is typically derived from the fermentation and distillation of corn. This makes E85 somewhat controversial. Opponents argue that arable land and water supplies should be used only for food production, not fuel production. Supporters counter that most corn grown in the USA is fed to livestock, which cannot digest the starchy material used to make corn-based ethanol.
E85 is more common in the Midwest, where corn is more abundant, than in California. The US Department of Energy website indicates that there are 126 E85 stations in California which are typically located in major population centers. As such, an FFV located in suburban or rural California is likely to run exclusively on gasoline. An FFV located in the Bay Area, Los Angeles, Sacramento, or San Diego may be more likely to use E85 if a driver seeks out a station offering E85 for sale, but the vehicle could more easily run entirely on gasoline. - Low Carbon Fuel Standard (LCFS). The LCFS is designed to encourage the use and production of cleaner low-carbon fuels in California in order to reduce GHG emissions. The LCFS is performance-based and fuel-neutral, allowing the market to determine how the carbon intensity of California’s transportation fuels will be reduced. E85 benefits from the LCFS because it has less carbon than gasoline. At current rates the value of the LCFS credit is about $0.15/gallon, though this varies with the market price for the credits.
- Double Referral. This bill was heard on May 16, 2018 by the Senate Environmental Quality Committee and approved 7-0.
Related Legislation:
SB 1275 (de León, Chapter 530, Statutes of 2014) — established the Charge Ahead California Initiative to place in service at least 1.0 million zero-emission and near-zero-emission vehicles by January 1, 2023, with a focus on disadvantaged and low-and-moderate-income communities.
AB 118 (Núñez, Chapter 750, Statutes of 2007) — created the Alternative and Renewable Fuel and Vehicle Technology Program administered by the California Energy Commission.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
ASSEMBLY VOTES: Not relevant; new bill.
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 6, 2018.)
SUPPORT:
Pearson Fuels (sponsor)
California Independent Oil Marketers Association
California New Car Dealers Association
OPPOSITION:
None received.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2017 - 2018 Regular
Bill No: AB 558
Author: | Quirk-Silva | ||
Version: | 3/8/2018 | Hearing Date: |
|
Urgency: | No | Fiscal: | Yes |
Consultant: | David Ernest García | ||
SUBJECT: Alternative fuel vehicles: flexible fuel vehicles
ANALYSIS:
Existing federal law:
- The Federal Clean Air Act (FCAA) and its implementing regulations set National Ambient Air Quality Standards (NAAQS) for six criteria pollutants, designate air basins that do not achieve NAAQS as nonattainment, allow only California to set vehicular emissions standards stricter than the federal government, and allow other states to adopt either the federal or California vehicular emissions standards. (42 U.S.C. §7401 et seq.)
Existing state law:
- Establishes the Air Resources Board (ARB) as the air pollution control agency in California and requires the ARB, among other things, to control emissions from a wide array of mobile sources and implement the FCAA. (Health and Safety Code (HSC) §39500 et seq.)
- Requires ARB to adopt and implement technologically feasible emission standards for new motor vehicles to, among other things, ensure compliance with state air quality laws and the FCAA, and prohibit vehicles that do not comply with those emissions standards from being certified for use in the state. (HSC §43100 et seq.)
- Requires, under the California Global Warming Solutions Act of 2006 (also known as AB 32), ARB to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level to be achieved by 2020. (HSC §38500 et seq.)
- Requires ARB to ensure that statewide GHG emissions are reduced to at least 40% below the 1990 level by December 31, 2030. (HSC §38566)
- Establishes Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations (Low-Carbon Fuel Standard (LCFS)), a market-based compliance mechanism administered by ARB to reduce the Carbon Intensity (CI) of transportation fuels in California, as specified.
- Establishes Sections 1962.1, 1962.2, and 1962.3 of Title 13 of the California Code of Regulations (Zero-Emission Vehicle (ZEV) Mandate) that requires large volume and intermediate volume vehicle manufacturers that sell cars in California to produce ZEVs, as specified.
- Requires, under Governor Brown’s Executive Order B-16-2012, that the state ensure 1.5 million ZEVs are on the road by 2025.
- Requires, under Governor Brown’s Executive Order B-48-2018, that the state ensure 5 million ZEVs are on the road by 2030.
This bill:
- Specifies that the Joint Legislative Committee on Climate Change Policies may recommend that ARB provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.
- Requires ARB, no later than April 1, 2019, to develop a simple, factual summary that includes E85 sales data from calendar years 2012 to 2017 and existing Department of Motor Vehicles data on the number of flexible fuel vehicles (FFVs) registered in 2017.
- Requires ARB, for the purpose of facilitating the accurate calculation of E85 usage in FFVs as specified, to convey the summary to the Administrator of the United States Environmental Protection Agency and to post it on ARB’s Internet Web site.
- Requires ARB to develop policy recommendations to maximize the use of E85 in FFVs that operate in the state, for consideration at a board meeting no later than October 1, 2019.
Background
- E85 fuel and flexible fuel vehicles. Flexible Fuel Vehicles (FFVs) are vehicles that can run on both gasoline and E85. E85 is an alternative fuel that can be used by some vehicles instead of pure gasoline. E85 is a mixture that is approximately 85% ethanol and 15% gasoline. The actual ethanol content of E85 can vary depending upon the month of the year and geographical location, and may contain only 70% ethanol. In contrast, California’s reformulated gasoline contains about 6-10% ethanol.
Ethanol has a lower energy density than regular gasoline, meaning FFVs using E85 will get fewer miles per gallon, typically 20-30% less. E85 is usually priced lower than gasoline, but because of its lower energy density it only makes economic sense to use when it is priced 20-30% less than gasoline. The total GHG lifecycle impact of using E85 is currently about 20% less GHG emissions compared to gasoline, however, so it is a low-carbon fuel alternative to gasoline and therefore preferable from a climate change impact perspective.
Ethanol is the alcohol contained in wine, beer, spirits, and other alcoholic beverages. As such, the ethanol used for fuels is typically derived from the fermentation and distillation of corn. This makes E85 somewhat controversial. Opponents argue that arable land and water supplies should be used only for food production, not fuel production. Supporters counter that most corn grown in the USA is fed to livestock, which cannot digest the starchy material used to make corn-based ethanol.
E85 is more common in the Midwest, where corn is grown more frequently, than in California. Websites dedicated to promoting E85 show that stations in California offering E85 are far and few between, and typically located in major population centers. As such, an FFV located in suburban or rural California is likely to run exclusively on gasoline. An FFV located in the bay area, Los Angeles, Sacramento, or San Diego may be more likely to use E85 if a driver seeks out a station offering E85 for sale, but the vehicle could more easily run entirely on gasoline. - Low Carbon Fuel Standard (LCFS). The LCFS is designed to encourage the use and production of cleaner low-carbon fuels in California in order to reduce GHG emissions. The LCFS standards are expressed in terms of the Carbon Intensity (CI) of gasoline and diesel fuel, as well as their alternatives. The LCFS is performance-based and fuel-neutral, allowing the market to determine how the CI of California’s transportation fuels will be reduced. This program is based on the principle that each fuel has lifecycle GHG emissions associated with using that fuel. Subjecting this lifecycle GHG rating to a declining cap for transportation fuels in California will result in a decrease in the total lifecycle GHG emissions from fuels used in the state.
- Zero Emission Vehicle (ZEV) regulation. The Zero Emission Vehicle (ZEV) Regulation requires large volume and intermediate volume vehicle manufacturers that sell cars in California to produce ZEVs (such as battery electric and fuel cell vehicles), clean plug-in hybrids, clean hybrids and clean gasoline vehicles with near-zero tail pipe emissions. In general, the ZEV regulation requires that 15% of new car sales be ZEVs by 2025. This target is intended to achieve 1.5 million ZEVs on the road by 2025 as directed under Governor Brown’s Executive Order B-16-2012.
Under the FCAA, other states may choose to adopt California’s air quality standards. Currently, 10 states (including California) follow California’s rules, which include the ZEV regulation.
Comments
- Purpose of Bill. According to the author, “AB 558 will ensure California makes the most of all available tools at our disposal to reach our emission goals. Having set an ambitious mandate to bring down emission levels by 2030, we need to focus on the largest source of Greenhouse Gas (GHG) emissions, with transportation accounting for more than a third of our total GHG emissions. 25 million automobiles contribute to this figure, and it is in our interest to ensure that Flex Fuel Vehicles are utilizing E85—a qualifying fuel under the Low Carbon Fuels Standard—to the maximum extent possible in order to both reduce petroleum dependence and lower GHG emissions. By focusing on the vast majority of vehicles on the road and their carbon footprint, AB 558 will help drive the continued shift away from carbon intensive vehicles on our roads and in our state.”
- On the road to a carbon-free future. In an effort to curb air pollution and mitigate climate change, California is pushing forward with aggressive ZEV deployment goals, as evidenced by over a dozen bills considered by the Legislature in the last few years, as well as Governor Brown’s two executive orders, B-16-2012 and B-48-2018, requiring 1.5 million ZEVs are on the road by 2025 and 5 million ZEVs are on the road 2030, respectively.
Assuming California can meet the goal of 5 million ZEVs on the road by 2030, that will leave an estimated 24 million cars, or roughly 83% of cars on the road, that require fuel to operate.
Ultimately, to achieve the state’s climate and air quality goals, California must move away from vehicles that utilize carbon-based fuels, even low-carbon fuels, so policies like those contained in AB 558 are not long-term solutions. However, getting to an entirely ZEV fleet in California is a long way off and achieving the state’s climate and air quality goals will require short- and mid-term steps that tackle emissions today, not just avoid emissions decades from now.
Given the fact that the vast majority of the cars operating in California will not be ZEVs for the foreseeable future, if the Legislature wants to fight climate change and air pollution to the maximum extent possible, it may wish to consider what can be done to clean up emissions from the lion’s share of cars operating in the state until an entirely ZEV future can be realized.
Therefore, the Legislature may wish to consider supporting policies that promote the use of E85 and other low-carbon fuels that can help the state achieve its air quality and climate change goals.
Related/Prior Legislation
SB 498 (Skinner, Chapter 628, Statutes of 2017) requires ARB to review all state programs related to the adoption of ZEVs and make recommendations to the Legislature, and requires DGS to meet a 50% ZEV target for the state vehicle fleet by 2024-25.
AB 544 (Bloom, Chapter 544, Statutes of 2017) modifies the Clean Air Vehicle (CAV) Program, which enables certain low-emission vehicles to access carpool lanes with a single occupant, and creates a new program to take effect when the CAV program sunsets in 2019.
AB 615 (Cooper, Chapter 631, Statutes of 2017) extends the July 1, 2017 sunset on the income cap eligibility requirements for the Clean Vehicle Rebate Project to January 1, 2019, and requires the ARB and the Department of Finance to submit reports to the Legislature, as specified.
AB 1082 (Burke, Chapter 637, Statutes of 2017) requires IOUs to develop a program for the installation of vehicle charging stations at school facilities for use by faculty, students, and parents with electricity provided at time-of-use rates.
AB 1083 (Burke, Chapter 638, Statutes of 2017) requires IOUs to create a charging network at all state parks and beaches by July 31, 2018, with electricity provided at time-of-use rates.
SB 32 (Pavley, Chapter 249, Statutes of 2016) requires ARB to ensure that statewide GHG emissions are reduced to at least 40% below the 1990 level by December 31, 2030.
SB 859 (Committee on Budget and Fiscal Review, Chapter 368, Statutes of 2016), among other things, required outreach to low-income households for CVRP and set the following income caps for CVRP eligibility: $150K for applicants that file taxes as a single individual, $204K for those that file head of household, and $300K for those that file jointly.
AB 197 (E. Garcia, Chapter 250, Statutes of 2016), among other things, creates two ex officio, nonvoting positions on the ARB for members of the Legislature and establishes the Joint Legislative Committee on Climate Change Policies.
SB 1275 (de León, Chapter 530, Statutes of 2014) established the Charge Ahead California Initiative to place in service at least 1.0 million zero-emission and near-zero-emission vehicles by January 1, 2023, with a focus on disadvantaged and low-and-moderate-income communities.
AB 32 (Núñez, Pavley, Chapter 488, Statutes of 2006) establishes the California Global Warming Solutions Act of 2006, which requires ARB to monitor and regulate sources of GHG emissions that cause global warming in order to reduce emissions of GHG, as specified.
AB 1745 (Ting, 2018) would, commencing January 1, 2040, prohibit the Department of Motor Vehicles from accepting an application for original registration of a motor vehicle unless the vehicle is a ZEV, as specified.
SB 79 (Allen, 2017) would have exempted from the state share of the sales and use tax purchases of used low- or zero-emission vehicles when the purchaser trades in an older vehicle. SB 79 was held on suspense in the Senate Appropriations Committee.
AB 33 (Quirk, 2017) would require the Public Utilities Commission by March 30, 2018, to authorize investor-owned utilities (IOUs) to offer programs and investments in residential electric vehicle service equipment. AB 33 is pending hearing in the Senate Energy, Utilities and Communications Committee.
AB 193 (Cervantes, 2017) would create the Clean Reused Vehicle Rebate Project to provide a CRVP-like rebate for qualifying used vehicles. AB 193 is on the Senate Inactive File.
AB 904 (Perea, 2015) would have created the Clean Reused Vehicle Rebate Project to provide a CRVP-like rebate for qualifying used vehicles. AB 904 was held on Suspense in the Senate Appropriations Committee.
AB 964 (Calderon, 2017) would have created a new program to help low-income and high financial risk individuals buy low-emission vehicles using qualified loans. AB 964 is pending hearing in the Senate Appropriations Committee.
AB 1081 (Burke, 2017) would exempt from state sales tax the value of a vehicle traded in to purchase a cleaner car. AB 1081 was held on Suspense in the Assembly Appropriations Committee.
DOUBLE REFERRAL:
If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Transportation and Housing Committee.
SOURCE:
Author
SUPPORT:
California Independent Oil Marketers Association
Pearson Fuels
OPPOSITION:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 558
Author:(Quirk-Silva)
As Amended Ver: April 26, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 6-1 | Jones-Sawyer, Lackey, Flora, Gonzalez Fletcher, Rubio, Santiago | Quirk |
Appropriations | 16-1 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes | Quirk |
SUMMARY: Eliminates the right of a person who has been convicted of a misdemeanor offense of annoying or molesting a minor to petition the Department of Justice (DOJ) for exclusion from the Megan's Law Website.
EXISTING LAW:
- Provides that if a person has been convicted of the commission or the attempted commission of specified offenses, and he or she has been convicted of no other specified offense, that person may file an application with the Department of Justice (DOJ), on a form approved by the department, for exclusion from the Megan's Law Website:
- States that if the DOJ determines that the person meets the specified requirements, the DOJ shall grant the exclusion and no information concerning the person shall be made available via the Megan's Law Website;
- Provides that the offender bears the burden of proving the facts that make him or her eligible for exclusion from the Megan's Law Website;
- Specifies that a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender; and
- Provides that effective January 1, 2012, no person shall be excluded from the Megan's Law Website unless the offender has submitted to the DOJ documentation sufficient for the DOJ to determine that he or she has a SARATSO risk level of low or moderate-low.
- Provides that an offender may apply for an exclusion from the Megan's Law Website if they were convicted of specified offenses, submit proper paperwork, and clearly demonstrate that they are the victim's parent, stepparent, sibling, or grandparent, and the offense did not involve oral copulation or sexual penetration, as specified. Clarifies that if subsequent to the application for interfamilial exclusion, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Megan's Law Website shall be terminated. Additionally requires that for the application to be granted, the offender must have a State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) showing a risk of re-offense of low to low-moderate.
- Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following:
- A statement signed in writing by the person, giving information as shall be required by DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
- Fingerprints and a current photograph taken by the registering official;
- The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
- Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
- Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown but significant impact to DOJ, in the hundreds of thousands of dollars (GF). DOJ foresees a potential increase in workload due to the necessary oversight of placing thousands of sex offender registrants back onto the Department’s Megan's Law Internet Web site. DOJ also anticipates an increase in litigation pertaining to sex offender registry exclusion applications being denied. The additional number of Deputy Attorneys General (DAG) that would need to be hired to litigate these cases, along with their Legal Complement, is unknown.
COMMENTS: According to the author, "Currently California law, registered sex offenders can avoid public disclosure under the 'Megan's Law' notification program even if they are convicted of a misdemeanor charge of annoying or molesting a child under certain provisions.
"Registered sex offenders have used this 'loophole' to avoid being on the California’s Megan’s Law website barring the public from knowing if and when a registered sex offender moves into their communities. AB 558 will close this loophole to protect victims of sexual crime.”
Analysis prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000564
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 558
Author:(Quirk-Silva) – As Amended Ver:April 26, 2017
Policy Committee: | Public Safety | Vote: | 6 - 1 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill eliminates the right of a person who has been convicted of a misdemeanor offense of annoying or molesting a minor to petition the Department of Justice (DOJ) for exclusion from the Megan's Law Website.
FISCAL EFFECT:
Unknown but significant impact to DOJ, in the hundreds of thousands of dollars (GF). DOJ foresees a potential increase in workload due to the necessary oversight of placing thousands of sex offender registrants back onto the Department’s Megan’s Law Internet Web site. DOJ also anticipates an increase in litigation pertaining to sex offender registry exclusion applications being denied. The additional number of Deputy Attorneys General (DAG) that would need to be hired to litigate these cases, along with their Legal Complement, is unknown.
COMMENTS:
- Background. Current law requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. Also under current law, if a person has been convicted of the commission or the attempted commission of specified offenses, and he or she has been convicted of no other specified offense, that person may file an application with DOJ, on a form approved by the department, for exclusion from the Megan's Law Website. If DOJ determines that the person meets the specified requirements, the DOJ must grant the exclusion and no information concerning the person may be made available via the Megan's Law Website; however, the person must still register as a sex offender.
- Purpose. The author is concerned that registered sex offenders can avoid public disclosure under the 'Megan’s Law' notification program even if they are convicted of a misdemeanor charge of annoying or molesting a child under certain provisions. The author states, "Registered sex offenders have used this 'loophole' to avoid being on the California’s Megan’s Law website barring the public from knowing if and when a registered sex offender moves into their communities. AB 558 will close this loophole to protect victims of sexual crime.”
- Support. The California Protective Parents Association contends the current exemptions endanger numerous children because some offenders plead down; and thus are able to petition to be excluded from Megan’s Law website.
- Opposition. The American Civil Liberties Union argues that this bill will have unintended consequences, impacting people convicted of relatively minor offenses who pose no threat to public safety. In addition, while it may seem counterintuitive, one purpose of the current exemption process is to protect the privacy and welfare of victims, particularly minor victims.
- Related Legislation: AB 484 (Cunningham), adds rape by fraud and rape by authority of a public official to the list of offenses that require registration as a sex offender. AB 484 is on the Assembly Floor.
SB 695 (Lara), establishes a three-tiered sex offender registry in California. SB 695 is pending hearing in the Senate Public Safety Committee.
- Prior Legislation: AB 201 (Brough), of the 2015-2016 Legislative Session, would have eliminated the state preemption which prohibits a local agency from enacting local ordinances that restrict a sex offender from residing or being present in specific locations, and authorized local agencies to enact ordinances that are more restrictive than state law. AB 201 failed passage in Assembly Public Safety Committee.
AB 733 (Chavez), of the 2015-2016 Legislative Session, would have required sex offender registration, placement on the Megan's Law Website, and mandated a minimum $3,000 fine ($12,370 with penalties and assessments) for solicitation of a minor. AB 733 failed passage in Assembly Public Safety Committee.
AB 625 (Ammiano), of the 2011-2012 Legislative Session, would have established a three-tiered registration system for sex offenders for periods of 10 years, 20 years, or life. AB 625 failed passage on the Assembly floor.
AB 996 (Donnelly), of the 2011-2012 Legislative Session, would have specified changes to the law relating to persons required to register as sex offenders. AB 996 failed passage in Assembly Public Safety Committee.
AB 1844 (Fletcher), Chapter 219, Statutes of 2010, known as Chelsea's Law, specified that the only people eligible for an interfamilial exemption are those who can provide evidence that they are low risk or low-moderate risk on a State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) risk assessment.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing:
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 558
Author:(Quirk-Silva) – As Amended Ver:March 22, 2017
As Proposed to be Amended in Committee
SUMMARY:
Eliminates the right of a person who has been convicted of a misdemeanor offense of annoying or molesting a minor to petition the Department of Justice (DOJ) for exclusion from the Megan's Law Website.
EXISTING LAW:
- Provides that if a person has been convicted of the commission or the attempted commission of specified offenses, and he or she has been convicted of no other specified offense, that person may file an application with the Department of Justice (DOJ), on a form approved by the department, for exclusion from the Megan's Law Website: (Pen. Code, § 290.46, subd. (e).)
- States that if the DOJ determines that the person meets the specified requirements, the DOJ shall grant the exclusion and no information concerning the person shall be made available via the Megan's Law Website;
- Provides that the offender bears the burden of proving the facts that make him or her eligible for exclusion from the Megan's Law Website;
- Specifies that a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender; and
- Provides that effective January 1, 2012, no person shall be excluded from the Megan's Law Website unless the offender has submitted to the DOJ documentation sufficient for the DOJ to determine that he or she has a SARATSO risk level of low or moderate-low.
- States that if the DOJ determines that the person meets the specified requirements, the DOJ shall grant the exclusion and no information concerning the person shall be made available via the Megan's Law Website;
- Provides that an offender may apply for an exclusion from the Megan's Law Website if they were convicted of specified offenses, submit proper paperwork, and clearly demonstrate that they are the victim's parent, stepparent, sibling, or grandparent, and the offense did not involve oral copulation or sexual penetration, as specified. Clarifies that if subsequent to the application for interfamilial exclusion, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Megan's Law Website shall be terminated. Additionally requires that for the application to be granted, the offender must have a State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) showing a risk of re-offense of low to low-moderate. (Pen. Code § 290.46.)
- Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following (Pen. Code, § 290.015, subd. (a).):
- A statement signed in writing by the person, giving information as shall be required by DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
- Fingerprints and a current photograph taken by the registering official;
- The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
- Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
- Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
- A statement signed in writing by the person, giving information as shall be required by DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
- States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:
- He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
- A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
- Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
- A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration. (Pen. Code, § 290.011, subds. (a) to (d).)
- He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
- Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register. (Pen. Code, § 290.018, subds. (a)&(b).)
- Provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ. (Pen. Code § 290.015, subd. (b).)
- States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years. (Pen. Code, § 290.018, subds. (a)&(b).)
- Provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an internet Web site. The DOJ shall update the Web site on an ongoing basis. Victim information shall be excluded from the Web site. (Pen. Code § 290.46.) The information provided on the website is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.
- Generally prevents the use of the information on the Web site from being used in relation to the following areas: (Pen. Code, § 290.46, subd. (l)(2).)
- Health insurance;
- Insurance;
- Loans;
- Credit;
- Employment;
- Education, scholarships, or fellowships;
- Housing or accommodations; and
- Benefits, privileges, or services provided by any business establishment.
- Health insurance;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Currently California law, registered sex offenders can avoid public disclosure under the 'Megan’s Law' notification program even if they are convicted of a misdemeanor charge of annoying or molesting a child under certain provisions.
"Registered sex offenders have used this 'loophole' to avoid being on the California’s Megan’s Law website barring the public from knowing if and when a registered sex offender moves into their communities. AB 558 will close this loophole to protect victims of sexual crime.”
- California's Sex Offender Management Board's Background: On September 20, 2006, Governor Arnold Schwarzenegger signed Assembly Bill 1015, which created the California Sex Offender Management Board. AB 1015 had been introduced by Assembly Members Judy Chu and Todd Spitzer and passed the California Legislature with nearly unanimous bipartisan support.
Because California is the most populated state in the Union and has had lifetime registration for its convicted sex offenders since 1947, California has more registered sex offenders than any other state with about 88,000 identified sex offenders (per DOJ, August 2007). Currently, the California Department of Corrections and Rehabilitation (CDCR) supervises about 10,000 of those 88,000 sex offenders, of which about 3,200 have been designated as "high-risk sex offenders". (CDCR Housing Summit, March 2007). Additionally, there are about 22,500 adult sex offenders serving time in one of 32 state prisons operated by CDCR (California Sex Offender Management Task Force Report, July 2007).
While it is commonly believed that most sexual assaults are committed by strangers, the research suggests that the overwhelming majority of sex offenders victimize people known to them; approximately 90% of child victims know their offenders, as do 80% of adult victims [per Kilpatrick, D.G., Edmunds, C.N., & Seymour, A.K. Rape in America: A Report to the Nation (1992). Arlington, VA: National Victim Center.] - Only Low to Low-Moderate Risk Offenders may be Granted an Exemption: California passed Chelsea's Law in 2010 in the form of AB 1844 (Fletcher), Chapter 219, Statutes of 2010. As a part of Chelsea's law the state adopted the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO). SARATSO utilizes evidence-based practices to measure the risk of re-offense of a particular offender. Chelsea's Law imposed the following additional requirement on persons applying for an exclusion from the Megan's Law website:
"No person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low." (Pen. Code § 290.46, subd. (e)(4).)
The term SARATSO refers to evidence-based, state authorized risk assessment tools used for evaluating sex offenders. State law established the SARATSO (State Authorized Risk Assessment Tool for Sex Offenders) Review Committee, to consider the selection of the risk assessment tools for California. Research shows that the most accurate way of predicting whether a sex offender will reoffend is by utilizing a validated risk assessment instrument.
A collaborative approach to sex offender management, known as the Containment Model, is used in California. Communication and collaboration among the supervising officer, treatment provider, and polygraph examiner are the heart of this model, which relies on ongoing communication about risk.
In September 2013 the SARATSO Committee selected a new dynamic risk tool, the Stable-2007/Acute-2007. Certified treatment providers must continue to use the previous dynamic instrument, the SRA-FVL, until being trained by a SARATSO-approved trainer in 2013-2014 on the Stable-2007/Acute-2007.
- Sex Offender Registration and the Megan's Law Website: According to a 2014 report by the California Sex Offender Management Board[1], the intent of registration was to assist law enforcement in tracking and monitoring sex offenders since they were viewed as the group most likely to commit another sex offense. It was thought that having their names and addresses known to law enforcement and with the expansion of community notification also available to the public would dissuade them from committing a new offense, enable members of the public to exercise caution around them, enable law enforcement to monitor them and, if necessary, solve new sex offense cases more readily. Although research suggests that use of a registry may help law enforcement solve sex crimes against children involving strangers more quickly, United States DOJ statistics tell us that most crimes against children (about 93%) are committed not by a stranger but by a person known to the child and his or her family, usually an acquaintance or family member.
Since 1947, earlier by far than any other state, California has required “universal lifetime” registration for persons convicted of most sex crimes. (Pen. Code, § 290.) Though every other state has instituted some form of registration since then, California is among only four states which require lifetime registration for every convicted sex offender, no matter the nature of the crime or the level of risk for reoffending. Almost all other states use some version of a “tiering” or “level” system which: 1. recognizes that not all sex offenders are the same, 2. provides meaningful distinctions between different types of offenders and 3. requires registration at varying levels and for various periods of time. There are nearly 100,000 registrants today in California, a number accumulated over the past 66 years since the Registry was created in 1947. In 2004 California began to provide pictures and other identifying information on the Megan’s Law website for about 80% of registrants. (www.meganslaw.ca.gov)
There are about 98,000 registered sex offenders on California’s registry. About 76,000 live in California communities and the other 22,000 are currently in custody. Of these offenders, 80% are posted on the state’s Megan’s Law web site with their full address or ZIP Code and other information, depending upon the offense they committed. About 20% are not posted or are excluded from posting on the web site by law, again depending on the conviction offense. Posting on the web site does not take into account years in the community without reoffending, the offender’s risk level for committing a new sexual or violent crime, or successful completion of treatment. About one-third of registered offenders are considered “moderate to high risk” while the remaining two-thirds are “moderate to low risk” or “low risk.” Local police departments and sheriff’s offices are charged with managing the registration process. Registered sex offenders must re-register annually on their birthdays as well as every time they have a change of address. Transient sex offenders re-register every 30 days and sexually violent predators every 90 days. Registration information collected by law enforcement is sent to the California Department of Justice (DOJ) and stored in the California Sex and Arson Registry. If an offender’s information is posted online and he fails to register or re-register on time, he will be shown as “in violation” on the Megan’s Law web site. When proof is provided by local law enforcement to DOJ of a registrant’s death, he or she is removed from the registry. Every ten years since the Registry was first established has been marked by a dramatic increase in the number of registrants.
As noted above, the original goal of registration was to assist law enforcement in tracking and monitoring sex offenders. Over time, registration was expanded to include community notification and also began to encompass a wider variety of crimes and behaviors. Due to these changes, research has focused on exploring the changes in the California Sex Offender Management Board “Tiering Background Paper” offender registration laws and this has resulted in a constantly growing body of research that has altered the perspective on sex offender registration. This research has made it clear that:
- The sexual recidivism rate of identified sex offenders is lower than the recidivism rate of individuals who have committed any other type of crime except for murder.
- Not all sex offenders are at equal risk to reoffend. Low risk offenders reoffend at low rates, high risk offenders at much higher rates.
- It is possible to use well-researched actuarial risk assessment instruments to assign offenders to groups according to risk level. (i.e. Low, Medium, High.)
- Risk of a new sex offense drops each year the offender remains offense-free in the community. Eventually, for many offenders, the risk becomes so low as to be meaningless and the identification of these individuals through a registry becomes unhelpful due to the sheer numbers on the registry. Research has identified differing time frames of decreased risk for the various categories of offenders (i.e. low, medium, high).
- Research on both general and sexual offenders has consistently indicated that focusing on higher risk offenders delivers the greatest return on efforts to reduce reoffending.
Completing a properly designed and delivered specialized sex offender treatment program delivered within the context of effective supervision reduces recidivism risk even further. In California, all registered sex offenders on parole or probation are now required by state law to enter and complete such a program.
- The Current Sex Offender Registration System and Megan's Law Website has Become too Unwieldy to be Effective for Law Enforcement: Again, according to California's Sex Offender Management Board, there are a number of problems with the current system as a result of adding too many low-risk sex offenders. California’s system of lifetime registration for all convicted sex offenders has created a registry that is very large and that includes many individuals who do not necessarily pose a risk to the community. The consequences of these realities are that the registry has, in some ways, become counterproductive to improving public safety. When everyone is viewed as posing a significant risk, the ability for law enforcement and the community to differentiate between who is truly high risk and more likely to reoffend becomes impossible. There needs to be a way for all persons to distinguish between sex offenders who require increased monitoring, attention and resources and those who are unlikely to reoffend.
There are many unintended consequences and indirect costs associated with sex offender registration.
- Innocent families and children of offenders (including victims of intra-familial sexual abuse) also bear the consequences of lifetime registration since they can often be identified by the public. Adverse consequences also arise for employers, landlords, neighbors and others.
- There has been a proliferation of residence restrictions and exclusion zones for registered sex offenders in many jurisdictions in California. Violation of these can lead to criminal charges. The obstacles posed by registration status prevent many individuals from obtaining housing or employment and becoming functioning, contributing, tax-paying members of society.
- There is reason to believe that registration policies, especially lifetime registration, keep some victims, particularly family members of the offender, from disclosing the abuse because they wish to avoid the stigma that will impact their family and their own lives for a very long time.
- The presence nearby of one or more registered sex offenders can drive down property values in a neighborhood and make houses difficult to sell. If the current registration system was effective in the ways intended, these might be considered part of the price to pay for the greater good. But, since the current registry does not attain its intended purposes, many of these unintended consequences are without justification.
- Argument in Support: According to the California Protective Parents Association, "These exemptions create a loophole that prevents public disclosure under the 'Megan's Law' notification program for registered sex offenders who are convicted of certain sexual offenses.
"These exemptions have endangered numerous children. For example, offenders frequently plead down a felony sexual assault to do crowded criminal courts. That offender may escape public detection even if the actual crime committed involved oral copulation or penetration. It is unacceptable for the children of California to be endangered by such a loophole.
"Our organization works to protect children from incest and family violence through research, education and advocacy. We are astounded at the difficulty protecting children and eventually gains unsupervised access to the victim witness, who subsequently reinjured and threatened."
- Arguments in Opposition: According to the American Civil Liberties Union, "The American Civil Liberties Union of California regrets to inform you of our opposition to AB 558, a bill that seeks to eliminate the authority of the Department of Justice to exclude a person who is required to register as a sex offender from the disclosure of their personal information on the internet. Given the breadth of California’s sex offender registry, AB 558 would have unintended consequences, impacting people convicted of relatively minor offenses who pose no threat to public safety. In addition, while it may seem counterintuitive, one purpose of the current exemption process is to protect the privacy and welfare of victims, particularly minor victims. California’s registry law is in dire need of reform and any changes to the website posting requirements should be considered in that context.
"Impact of AB 558 on Current Law
"Under current law, a person who is required to register as a sex offender may petition the Department of Justice to exclude their personal information from posting on the internet if they submit “documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low” and they were convicted only of one of the following offenses:
- "A felony violation of Penal Code section 243.4(a), sexual battery;
- A misdemeanor violation of 647.6, annoying or molesting a child; or
- A felony violation related to distribution of obscene material (Pen. Code secs. 311.1, 311.2(b), (c), (d), 311.3, 311.4, 311.10, 311.11) provided that all of the people involved were 16 years of age or older. (Pen. Code sec. 290.46(e)(1), (2) and (4).)
"In addition, under current law, a person who is required to register as a sex offender may petition the Department of Justice to exclude their personal information from posting on the internet if all of the following conditions are met:
- "The person is the parent, stepparent, sibling or grandparent of the victim;
- The person has completed probation or is on probation, meaning that he or she was not sentenced to state prison;
- The offense did not involve oral copulation or penetration of the genitals; and
- The person has submitted “documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.” (Pen. Code sec. 290.46(e)(2)(D) and Pen. Code sec. 290.46(e)(4).)
"AB 558 seeks to eliminate these provisions, thereby forcing the public posting on the internet of the personal information of all people required to register, including those that meet these criteria.
"The Exemption Process Serves an Impotent Purpose Given the Breadth of California’s Registry Laws and Disparities in Who Must Register
"To understand the importance of these exemptions, it is critical to understand the unique breadth of California’s sex offender registry laws and the current problems with the system. While the federal government and most states have adopted a tiered approach to registry, California continues to require lifetime registration for everyone. In addition, California requires registration for a broad array of offenses, including low level and consensual conduct, and California requires juveniles to register. For example, a 14 year old child can be convicted for a violation of Penal Code section 647.6 for consensual sexual activity that includes nothing more than touching with another child who is 13 years old and would be required to register for life.
"California’s registry laws have disproportionate impacts on communities of color and the LGBT community. Recent research by the Center on Youth Registration Reform at Impact Justice found significant racial disparities in the youth impacted by California’s sex offender registry laws: they report that 76% of the children on the registry are children of color.[2] Black youth are 6.5 times more likely to be required to register compared to white youth. In addition, because our registry has been in place for 75 years, some people are still required to register as a result of criminal prosecutions that targeted LGBT community members in the 1950s and 1960s. Even today, our law treats LGBT people more harshly: for the offense of statutory rape where the individuals were close in age, registration is required only if the conduct involved people of the same sex.[3]
"In this context, eliminating completely the exemption process for posting a person’s personal information on the website will have unintended and harsh consequences. The current process is carefully tailored to apply only to people who have been convicted of relatively minor offenses and only if those people do not pose a high risk of reoffending. Moreover, the process ensures that the information posted on the website is more carefully tailored to the information that will be of use to the broader community…
"Any Changes to Web-posting Should Be Considered as Part of Reforming the Registry
"Senator Lara and Senator Mitchell have introduced SB 695 to reform California’s sex offender registry. That bill would implement a tiered registry. Any change to the web-posting process and requirements for the personal information of individuals required to register should be considered as part of reforming the registry.
"For these reasons, we must oppose AB 558."
- Related Legislation:
- AB 484 (Cunningham), adds rape by fraud and rape by authority of a public official to the list of offenses that require registration as a sex offender. AB 484 is pending hearing in the Assembly Appropriations Committee.
- SB 695 (Lara), establishes a three-tiered sex offender registry in California. SB 695 is pending hearing in the Senate Public Safety Committee.
- AB 484 (Cunningham), adds rape by fraud and rape by authority of a public official to the list of offenses that require registration as a sex offender. AB 484 is pending hearing in the Assembly Appropriations Committee.
- Prior Legislation:
- AB 201 (Brough), of the 2015-2016 Legislative Session, would have eliminated the state preemption which prohibits a local agency from enacting local ordinances that restrict a sex offender from residing or being present in specific locations, and authorized local agencies to enact ordinances that are more restrictive than state law. AB 201 failed passage in this committee.
- AB 733 (Chavez), of the 2015-2016 Legislative Session, would have required sex offender registration, placement on the Megan's Law Website, and mandated a minimum $3,000 fine ($12,370 with penalties and assessments) for solicitation of a minor. AB 733 failed passage in this committee.
- AB 625 (Ammiano), of the 2011-2012 Legislative Session, would have established a three-tiered registration system for sex offenders for periods of 10 years, 20 years, or life. AB 625 failed passage on the Assembly floor.
- AB 996 (Donnelly), of the 2011-2012 Legislative Session, would have specified changes to the law relating to persons required to register as sex offenders. AB 996 failed passage in this committee.
- AB 1844 (Fletcher), Chapter 219, Statutes of 2010, known as Chelsea's Law, specified that the only people eligible for an interfamilial exemption are those who can provide evidence that they are low risk or low-moderate risk on a SARATSO risk assessment.
- AB 1323 (Vargas), Chapter 722 of the Statutes of 2005 was a cleanup bill which was passed the year after Megan's Law which created the interfamilial exemption for the protection of public disclosure of victims who suffered molestation by immediately family members.
- AB 488 (Para), Chapter 745 of the Statutes of 2004, created the Megan's Law website.
REGISTERED SUPPORT / OPPOSITION:
Support
California Protective Parents Association
City of Fullerton
Opposition
Alliance for Constitutional Sex Offense Laws
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Los Angeles District Attorney's Office
10 individuals
Analysis Prepared by:
Gabriel Caswell / PUB. S. /
http://www.cce.csus.edu/portal/admin/handouts/Tiering%20Background%20Paper%20FINAL%20FINAL%204-2-14.pdf ↑
Fact Sheet Racial Disparities in California Youth Sex Offender Registration, from Center on Youth Registration Reform at Impact Justice (2017). ↑
Maura Dolan, California Supreme Court sex-crime ruling criticized as unfair to gays, Los Angeles Times, January 29, 2015, available at http://www.latimes.com/local/crime/la-me-court-sex-offenders-20150130-story.html ↑
Date of Hearing: March 28, 2017
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 558
Author:(Quirk-Silva) – As Amended Ver:
SUMMARY:
Eliminates the right of a person who has been convicted of specified offenses to petition the Department of Justice (DOJ) for exclusion from the Megan's Law Website. Specifically, this bill:
- Eliminates the ability for registered sex offenders to apply to DOJ for exclusions from the Megan's Law Website when the person shows the facts that make him or herself eligible for the exclusion. The eliminated exclusions cover the following offenses:
- Specified child pornography offenses related to possession and distribution of the materials.
- The felony offense of sexual battery.
- The misdemeanor offense of annoying or molesting a minor.
- Specified child pornography offenses related to possession and distribution of the materials.
EXISTING LAW:
- Provides that if a person has been convicted of the commission or the attempted commission of specified offenses, and he or she has been convicted of no other specified offense, that person may file an application with the Department of Justice (DOJ), on a form approved by the department, for exclusion from the Megan's Law Website. (Pen. Code, § 290.46, subd. (e).)
- States that if the DOJ determines that the person meets the specified requirements, the DOJ shall grant the exclusion and no information concerning the person shall be made available via the Megan's Law Website.
- Provides that the offender bears the burden of proving the facts that make him or her eligible for exclusion from the Megan's Law Website.
- Specifies that a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender.
- Provides that effective January 1, 2012, no person shall be excluded from the Megan's Law Website unless the offender has submitted to the DOJ documentation sufficient for the DOJ to determine that he or she has a SARATSO risk level of low or moderate-low.
- States that if the DOJ determines that the person meets the specified requirements, the DOJ shall grant the exclusion and no information concerning the person shall be made available via the Megan's Law Website.
- Provides that an offender may apply for an exclusion from the Megan's Law Website if they were convicted of specified offenses, submit proper paperwork, and clearly demonstrate that they are the victim's parent, stepparent, sibling, or grandparent, and the offense did not involve oral copulation or sexual penetration, as specified. Clarifies that if subsequent to the application for interfamilial exclusion, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Megan's Law Website shall be terminated. Additionally requires that for the application to be granted, the offender must have a State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) showing a risk of re-offense of low to low-moderate. (Pen. Code § 290.46.)
- Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following (Pen. Code, § 290.015, subd. (a).):
- A statement signed in writing by the person, giving information as shall be required by DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
- Fingerprints and a current photograph taken by the registering official;
- The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
- Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
- Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
- A statement signed in writing by the person, giving information as shall be required by DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
- States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows:
- He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
- A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law.
- Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information.
- A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration. (Pen. Code, § 290.011, subds. (a) to (d).)
- He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present.
- Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register. (Pen. Code, § 290.018, subds. (a)&(b).)
- Provides that within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the DOJ. (Pen. Code § 290.015, subd. (b).)
- States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, two or three years. (Pen. Code, § 290.018, subds. (a)&(b).)
- Provides that the DOJ shall make available information concerning persons who are required to register as a sex offender to the public via an internet website. The DOJ shall update the website on an ongoing basis. Victim information shall be excluded from the website. (Pen. Code § 290.46.) The information provided on the website is dependent upon what offenses the person has been convicted of, but generally includes identifying information and a photograph of the registrant.
- Generally prevents the use of the information on the Web Site from being used in relation to the following areas: (Pen. Code, § 290.46, subd. (l)(2).)
- Health insurance;
- Insurance;
- Loans;
- Credit;
- Employment;
- Education, scholarships, or fellowships;
- Housing or accommodations; and
- Benefits, privileges, or services provided by any business establishment.
- Health insurance;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Currently California law, registered sex offenders can avoid public disclosure under the 'Megan’s Law' notification program even if they are convicted of sexual battery by restrain, a misdemeanor charge of annoying or molesting a child under certain provisions, or any sexual offense which did not involve ‘oral copulation or penetration.’
"Registered sex offenders have used this 'loophole' to avoid being on the California’s Megan’s Law website barring the public from knowing if and when a registered sex offender moves into their communities. AB 558 will close this loophole to protect victims of sexual crime.”
- California's Sex Offender Management Board's Background: On September 20, 2006, Governor Arnold Schwarzenegger signed Assembly Bill 1015, which created the California Sex Offender Management Board. AB 1015 had been introduced by Assembly Members Judy Chu and Todd Spitzer and passed the California Legislature with nearly unanimous bipartisan support.
Because California is the most populated state in the Union and has had lifetime registration for its convicted sex offenders since 1947, California has more registered sex offenders than any other state with about 88,000 identified sex offenders (per DOJ, August 2007). Currently, the California Department of Corrections and Rehabilitation (CDCR) supervises about 10,000 of those 88,000 sex offenders, of which about 3,200 have been designated as "high-risk sex offenders". (CDCR Housing Summit, March 2007). Additionally, there are about 22,500 adult sex offenders serving time in one of 32 state prisons operated by CDCR (California Sex Offender Management Task Force Report, July 2007).
While it is commonly believed that most sexual assaults are committed by strangers, the research suggests that the overwhelming majority of sex offenders victimize people known to them; approximately 90% of child victims know their offenders, as do 80% of adult victims [per Kilpatrick, D.G., Edmunds, C.N., & Seymour, A.K. Rape in America: A Report to the Nation (1992). Arlington, VA: National Victim Center.] - Only Low to Low-Moderate Risk Offenders may be Granted an Exemption: California passed Chelsea's Law in 2010 in the form of AB 1844 (Fletcher), Chapter 219, Statutes of 2010. As a part of Chelsea's law the state adopted the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO). SARATSO utilizes evidence-based practices to measure the risk of re-offense of a particular offender. Chelsea's Law imposed the following additional requirement on persons applying for an exclusion from the Megan's Law website:
"No person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low." (Pen. Code § 290.46, subd. (e)(4).)
The term SARATSO refers to evidence-based, state authorized risk assessment tools used for evaluating sex offenders. State law established the SARATSO (State Authorized Risk Assessment Tool for Sex Offenders) Review Committee, to consider the selection of the risk assessment tools for California. Research shows that the most accurate way of predicting whether a sex offender will reoffend is by utilizing a validated risk assessment instrument.
A collaborative approach to sex offender management, known as the Containment Model, is used in California. Communication and collaboration among the supervising officer, treatment provider, and polygraph examiner are the heart of this model, which relies on ongoing communication about risk.
In September 2013 the SARATSO Committee selected a new dynamic risk tool, the Stable-2007/Acute-2007. Certified treatment providers must continue to use the previous dynamic instrument, the SRA-FVL, until being trained by a SARATSO-approved trainer in 2013-2014 on the Stable-2007/Acute-2007.
- Sex Offender Registration and the Megan's Law Website: According to a 2014 report by the California Sex Offender Management Board[1], the intent of registration was to assist law enforcement in tracking and monitoring sex offenders since they were viewed as the group most likely to commit another sex offense. It was thought that having their names and addresses known to law enforcement and with the expansion of community notification also available to the public would dissuade them from committing a new offense, enable members of the public to exercise caution around them, enable law enforcement to monitor them and, if necessary, solve new sex offense cases more readily. Although research suggests that use of a registry may help law enforcement solve sex crimes against children involving strangers more quickly, United States DOJ statistics tell us that most crimes against children (about 93%) are committed not by a stranger but by a person known to the child and his or her family, usually an acquaintance or family member.
Since 1947, earlier by far than any other state, California has required “universal lifetime” registration for persons convicted of most sex crimes. (Pen. Code, § 290.) Though every other state has instituted some form of registration since then, California is among only four states which require lifetime registration for every convicted sex offender, no matter the nature of the crime or the level of risk for reoffending. Almost all other states use some version of a “tiering” or “level” system which: 1. recognizes that not all sex offenders are the same, 2. provides meaningful distinctions between different types of offenders and 3. requires registration at varying levels and for various periods of time. There are nearly 100,000 registrants today in California, a number accumulated over the past 66 years since the Registry was created in 1947. In 2004 California began to provide pictures and other identifying information on the Megan’s Law website for about 80% of registrants. (www.meganslaw.ca.gov)
There are about 98,000 registered sex offenders on California’s registry. About 76,000 live in California communities and the other 22,000 are currently in custody. Of these offenders, 80% are posted on the state’s Megan’s Law web site with their full address or ZIP Code and other information, depending upon the offense they committed. About 20% are not posted or are excluded from posting on the web site by law, again depending on the conviction offense. Posting on the web site does not take into account years in the community without reoffending, the offender’s risk level for committing a new sexual or violent crime, or successful completion of treatment. About one-third of registered offenders are considered “moderate to high risk” while the remaining two-thirds are “moderate to low risk” or “low risk.” Local police departments and sheriff’s offices are charged with managing the registration process. Registered sex offenders must re-register annually on their birthdays as well as every time they have a change of address. Transient sex offenders re-register every 30 days and sexually violent predators every 90 days. Registration information collected by law enforcement is sent to the California Department of Justice (DOJ) and stored in the California Sex and Arson Registry. If an offender’s information is posted online and he fails to register or re-register on time, he will be shown as “in violation” on the Megan’s Law web site. When proof is provided by local law enforcement to DOJ of a registrant’s death, he or she is removed from the registry. Every ten years since the Registry was first established has been marked by a dramatic increase in the number of registrants.
As noted above, the original goal of registration was to assist law enforcement in tracking and monitoring sex offenders. Over time, registration was expanded to include community notification and also began to encompass a wider variety of crimes and behaviors. Due to these changes, research has focused on exploring the changes in sex 4 CASOMB “Tiering Background Paper” offender registration laws and this has resulted in a constantly growing body of research that has altered the perspective on sex offender registration. This research has made it clear that:
- The sexual recidivism rate of identified sex offenders is lower than the recidivism rate of individuals who have committed any other type of crime except for murder.
- Not all sex offenders are at equal risk to reoffend. Low risk offenders reoffend at low rates, high risk offenders at much higher rates.
- It is possible to use well-researched actuarial risk assessment instruments to assign offenders to groups according to risk level. (i.e. Low, Medium, High.)
- Risk of a new sex offense drops each year the offender remains offense-free in the community. Eventually, for many offenders, the risk becomes so low as to be meaningless and the identification of these individuals through a registry becomes unhelpful due to the sheer numbers on the registry. Research has identified differing time frames of decreased risk for the various categories of offenders (i.e. low, medium, high).
- Research on both general and sexual offenders has consistently indicated that focusing on higher risk offenders delivers the greatest return on efforts to reduce reoffending.
Completing a properly designed and delivered specialized sex offender treatment program delivered within the context of effective supervision reduces recidivism risk even further. In California, all registered sex offenders on parole or probation are now required by state law to enter and complete such a program.
- The Current Sex Offender Registration System and Megan's Law Website has Become too Unwieldy to be Effective for Law Enforcement: Again, according to California's Sex Offender Management Board, there are a number of problems with the current system as a result of adding too many low-risk sex offenders. California’s system of lifetime registration for all convicted sex offenders has created a registry that is very large and that includes many individuals who do not necessarily pose a risk to the community. The consequences of these realities are that the registry has, in some ways, become counterproductive to improving public safety. When everyone is viewed as posing a significant risk, the ability for law enforcement and the community to differentiate between who is truly high risk and more likely to reoffend becomes impossible. There needs to be a way for all persons to distinguish between sex offenders who require increased monitoring, attention and resources and those who are unlikely to reoffend.
There are many unintended consequences and indirect costs associated with sex offender registration.
- Innocent families and children of offenders (including victims of intra-familial sexual abuse) also bear the consequences of lifetime registration since they can often be identified by the public. Adverse consequences also arise for employers, landlords, neighbors and others.
- There has been a proliferation of residence restrictions and exclusion zones for registered sex offenders in many jurisdictions in California. Violation of these can lead to criminal charges. The obstacles posed by registration status prevent many individuals from obtaining housing or employment and becoming functioning, contributing, tax-paying members of society.
- There is reason to believe that registration policies, especially lifetime registration, keep some victims, particularly family members of the offender, from disclosing the abuse because they wish to avoid the stigma that will impact their family and their own lives for a very long time.
- The presence nearby of one or more registered sex offenders can drive down property values in a neighborhood and make houses difficult to sell. If the current registration system was effective in the ways intended, these might be considered part of the price to pay for the greater good. But, since the current registry does not attain its intended purposes, many of these unintended consequences are without justification.
- Argument in Support: According to the California Protective Parents Association, "These exemptions create a loophole that prevents public disclosure under the 'Megan's Law' notification program for registered sex offenders who are convicted of certain sexual offenses.
"These exemptions have endangered numerous children. For example, offenders frequently plead down a felony sexual assault to do crowded criminal courts. That offender may escape public detection even if the actual crime committed involved oral copulation or penetration. It is unacceptable for the children of California to be endangered by such a loophole.
"Our organization works to protect children from incest and family violence through research, education and advocacy. We are astounded at the difficulty protecting children and eventually gains unsupervised access to the victim witness, who subsequently reinjured and threatened."
- Arguments in Opposition:
- According to the Los Angeles District Attorney's Office, "AB 558 deletes the exemptions in PC 290 that allow certain sex offenders to apply for exclusion to the Megan’s Law website.
"Reform of California’s sex offender registry is an important public safety issue that must be addressed to protect public safety. California’s sex offender registry currently contains over 100,000 registrants – far more than any other state. Because of the sheer size of our current registry, California law enforcement agencies are required to monitor many low-level offenders who have not reoffended in many years. California remains one of only four states that require lifetime registration for all sex offenders despite a requirement in federal law that states all states are supposed to enact some form of a tiered sex offender registration system. (The others are Alabama, South Carolina and Florida.)
"The intent of registration was to assist law enforcement in tracking and monitoring sex offenders since they were viewed as the group most likely to commit another sex offense. It was thought that having their names and addresses known to law enforcement and with the expansion of community notification also available to the public would dissuade them from committing a new offense, enable members of the public to exercise caution around them, enable law enforcement to monitor them and, if necessary, solve new sex offense cases more readily.
"According to California's Sex Offender Management Board, there are a number of problems with the current system as a result of adding too many low-risk sex offenders. California’s system of lifetime registration for all convicted sex offenders has created a registry that is very large. The consequences of these realities are that the registry has, in some ways, become counterproductive to improving public safety. When everyone is viewed as posing a significant risk, the ability for law enforcement and the community to differentiate between who is truly high risk and more likely to reoffend becomes impossible.
"Because of the problems associated with California’s current sex offender registry, our office believes that a comprehensive reform of our registration system is necessary and respectfully opposes a piecemeal approach that does not address the identified problems with our sex offender registry. Our office is currently sponsoring Senate Bill 695 (Lara) along with the California Sex Offender Management Board, California Coalition Against Sexual Assault, Alameda County District Attorney’s Office and Equality California which provides a comprehensive reform of California’s sex offender registry.
"Without a comprehensive approach to addressing the problems associated with California’s sex offender registry, the intended goal of the registry (assisting law enforcement in monitoring high risk offenders and to solve new sex offenses more readily) cannot be achieved. Law enforcement cannot protect the community effectively when they are forced to spend two-thirds of their time devoted to monitoring sex offenders in the office doing monthly or annual paperwork for low risk offenders."
- According to the American Civil Liberties Union, "The American Civil Liberties Union of California regrets to inform you of our opposition to AB 558, a bill that seeks to eliminate the authority of the Department of Justice to exclude a person who is required to register as a sex offender from the disclosure of their personal information on the internet. Given the breadth of California’s sex offender registry, AB 558 would have unintended consequences, impacting people convicted of relatively minor offenses who pose no threat to public safety. In addition, while it may seem counterintuitive, one purpose of the current exemption process is to protect the privacy and welfare of victims, particularly minor victims. California’s registry law is in dire need of reform and any changes to the website posting requirements should be considered in that context.
"Impact of AB 558 on Current Law
"Under current law, a person who is required to register as a sex offender may petition the Department of Justice to exclude their personal information from posting on the internet if they submit “documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low” and they were convicted only of one of the following offenses:
- "A felony violation of Penal Code section 243.4(a), sexual battery;
- A misdemeanor violation of 647.6, annoying or molesting a child; or
- A felony violation related to distribution of obscene material (Pen. Code secs. 311.1, 311.2(b), (c), (d), 311.3, 311.4, 311.10, 311.11) provided that all of the people involved were 16 years of age or older. (Pen. Code sec. 290.46(e)(1), (2) and (4).)
"In addition, under current law, a person who is required to register as a sex offender may petition the Department of Justice to exclude their personal information from posting on the internet if all of the following conditions are met:
- "The person is the parent, stepparent, sibling or grandparent of the victim;
- The person has completed probation or is on probation, meaning that he or she was not sentenced to state prison;
- The offense did not involve oral copulation or penetration of the genitals; and
- The person has submitted “documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.” (Pen. Code sec. 290.46(e)(2)(D) and Pen. Code sec. 290.46(e)(4).)
"AB 558 seeks to eliminate these provisions, thereby forcing the public posting on the internet of the personal information of all people required to register, including those that meet these criteria.
"The Exemption Process Serves an Impotent Purpose Given the Breadth of California’s Registry Laws and Disparities in Who Must Register
"To understand the importance of these exemptions, it is critical to understand the unique breadth of California’s sex offender registry laws and the current problems with the system. While the federal government and most states have adopted a tiered approach to registry, California continues to require lifetime registration for everyone. In addition, California requires registration for a broad array of offenses, including low level and consensual conduct, and California requires juveniles to register. For example, a 14 year old child can be convicted for a violation of Penal Code section 647.6 for consensual sexual activity that includes nothing more than touching with another child who is 13 years old and would be required to register for life.
"California’s registry laws have disproportionate impacts on communities of color and the LGBT community. Recent research by the Center on Youth Registration Reform at Impact Justice found significant racial disparities in the youth impacted by California’s sex offender registry laws: they report that 76% of the children on the registry are children of color.[2] Black youth are 6.5 times more likely to be required to register compared to white youth. In addition, because our registry has been in place for 75 years, some people are still required to register as a result of criminal prosecutions that targeted LGBT community members in the 1950s and 1960s. Even today, our law treats LGBT people more harshly: for the offense of statutory rape where the individuals were close in age, registration is required only if the conduct involved people of the same sex.[3]
"In this context, eliminating completely the exemption process for posting a person’s personal information on the website will have unintended and harsh consequences. The current process is carefully tailored to apply only to people who have been convicted of relatively minor offenses and only if those people do not pose a high risk of reoffending. Moreover, the process ensures that the information posted on the website is more carefully tailored to the information that will be of use to the broader community…
"Any Changes to Web-posting Should Be Considered as Part of Reforming the Registry
"Senator Lara and Senator Mitchell have introduced SB 695 to reform California’s sex offender registry. That bill would implement a tiered registry. Any change to the web-posting process and requirements for the personal information of individuals required to register should be considered as part of reforming the registry.
"For these reasons, we must oppose AB 558. Please do not hesitate to contact us should you have any questions."
- Related Legislation:
- AB 484 (Cunningham), adds rape by fraud and rape by authority of a public official to the list of offenses that require registration as a sex offender. AB 484 is scheduled to be heard in this committee today.
- SB 695 (Lara), establishes a three-tiered sex offender registry in California. SB 695 is set for hearing in the Senate Public Safety Committee on April 18, 2017.
- AB 484 (Cunningham), adds rape by fraud and rape by authority of a public official to the list of offenses that require registration as a sex offender. AB 484 is scheduled to be heard in this committee today.
- Prior Legislation:
- AB 201 (Brough), of the 2015-2016 Legislative Session, would have eliminated the state preemption which prohibits a local agency from enacting local ordinances that restrict a sex offender from residing or being present in specific locations, and authorized local agencies to enact ordinances that are more restrictive than state law. AB 201 failed passage in this committee.
- AB 733 (Chavez), of the 2015-2016 Legislative Session, would have required sex offender registration, placement on the Megan's Law Website, and mandated a minimum $3,000 fine ($12,370 with penalties and assessments) for solicitation of a minor. AB 733 failed passage in this committee.
- AB 625 (Ammiano), of the 2011-2012 Legislative Session, would have established a three-tiered registration system for sex offenders for periods of 10 years, 20 years, or life. AB 625 failed passage on the Assembly floor.
- AB 996 (Donnelly), of the 2011-2012 Legislative Session, would have specified changes to the law relating to persons required to register as sex offenders. AB 996 failed passage in this committee.
- AB 1844 (Fletcher), Chapter 219, Statutes of 2010, known as Chelsea's Law, specified that the only people eligible for an interfamilial exemption are those who can provide evidence that they are low risk or low-moderate risk on a SARATSO risk assessment.
- AB 1323 (Vargas), Chapter 722 of the Statutes of 2005 was a cleanup bill which was passed the year after Megan's Law which created the interfamilial exemption for the protection of public disclosure of victims who suffered molestation by immediately family members.
- AB 488 (Para), Chapter 745 of the Statutes of 2004, created the Megan's Law website.
REGISTERED SUPPORT / OPPOSITION:
Support
California Protective Parents Association
Opposition
Alliance for Constitutional Sex Offense Laws
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Los Angeles District Attorney's Office
9 individuals
Analysis Prepared by:
Gabriel Caswell / PUB. S. /
http://www.cce.csus.edu/portal/admin/handouts/Tiering%20Background%20Paper%20FINAL%20FINAL%204-2-14.pdf ↑
Fact Sheet Racial Disparities in California Youth Sex Offender Registration, from Center on Youth Registration Reform at Impact Justice (2017). ↑
Maura Dolan, California Supreme Court sex-crime ruling criticized as unfair to gays, Los Angeles Times, January 29, 2015, available at http://www.latimes.com/local/crime/la-me-court-sex-offenders-20150130-story.html ↑
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Transportation
3MIN
Senate Floor
14MIN
Senate Standing Committee on Environmental Quality
2MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
17MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):