BILL NUMBER: AB 1135 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE JUNE 29, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Assembly Member Perea
Members Levine and Ting
( Principal coauthors:
Senators Glazer and Hall )
FEBRUARY 27, 2015
An act to create the Kings River East Groundwater
Sustainability Agency, and prescribing its boundaries, organization,
operation, management, financing, and other powers and duties,
relating to water districts. An act to amend Sections
30515 and 30900 of, and to add Section 30680 to, the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1135, as amended, Perea Levine .
Kings River East Groundwater Sustainability Agency Act.
Firearms: assault weapons.
(1) Existing law generally prohibits the possession or transfer of
assault weapons, except for the sale, purchase, importation, or
possession of assault weapons by specified individuals, including law
enforcement officers. Under existing law, "assault weapon" means,
among other things, a semiautomatic centerfire rifle or a
semiautomatic pistol that has the capacity to accept a detachable
magazine and has any one of specified attributes, including, for
rifles, a thumbhole stock, and for pistols, a 2nd handgrip.
This bill would revise this definition of "assault weapon" to mean
a semiautomatic centerfire rifle, or a semiautomatic pistol that
does not have a fixed magazine but has any one of those specified
attributes. The bill would also define "fixed magazine" to mean an
ammunition feeding device contained in, or permanently attached to, a
firearm in such a manner that the device cannot be removed without
disassembly of the firearm action.
By expanding the definition of an existing crime, the bill would
impose a state-mandated local program.
(2) Existing law requires that any person who, within this state,
possesses an assault weapon, except as otherwise provided, be
punished as a felony or for a period not to exceed one year in a
county jail.
This bill would exempt from punishment under that provision a
person who possessed an assault weapon prior to January 1, 2017, if
specified requirements are met.
(3) Existing law requires that, with specified exceptions, any
person who, prior to January 1, 2001, lawfully possessed an assault
weapon prior to the date it was defined as an assault weapon, and
which was not specified as an assault weapon at the time of lawful
possession, register the firearm with the Department of Justice.
Existing law permits the Department of Justice to charge a fee for
registration of up to $20 per person but not to exceed the actual
processing costs of the department. Existing law, after the
department establishes fees sufficient to reimburse the department
for processing costs, requires fees charged to increase at a rate not
to exceed the legislatively approved annual cost-of-living
adjustment for the department's budget or as otherwise increased
through the Budget Act. Existing law requires those fees to be
deposited into the Dealers' Record of Sale Special Account. Existing
law, the Administrative Procedure Act, establishes the requirements
for the adoption, publication, review, and implementation of
regulations by state agencies.
This bill would require that any person who, from January 1, 2001,
to December 31, 2016, inclusive, lawfully possessed an assault
weapon that does not have a fixed magazine, as defined, and including
those weapons with an ammunition feeding device that can be removed
readily from the firearm with the use of a tool, register the firearm
with the Department of Justice before January 1, 2018, but not
before the effective date of specified regulations. The bill would
permit the department to increase the $20 registration fee as long as
it does not exceed the reasonable processing costs of the
department. The bill would also require registrations to be submitted
electronically via the Internet utilizing a public-facing
application made available by the department. The bill would require
the registration to contain specified information, including, but not
limited to, a description of the firearm that identifies it uniquely
and specified information about the registrant. The bill would
permit the department to charge a fee of up to $15 per person for
registration through the Internet, not to exceed the reasonable
processing costs of the department to be paid and deposited, as
specified, for purposes of the registration program. The bill would
require the department to adopt regulations for the purpose of
implementing those provisions and would exempt those regulations from
the Administrative Procedure Act. The bill would also make technical
and conforming changes.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law, the Sustainable Groundwater Management Act, requires
all groundwater basins designated as high- or medium-priority basins
by the Department of Water Resources that are designated as basins
subject to critical conditions of overdraft to be managed under a
groundwater sustainability plan or coordinated groundwater
sustainability plans by January 31, 2020, and requires all other
groundwater basins designated as high- or medium-priority basins to
be managed under a groundwater sustainability plan or coordinated
groundwater sustainability plans by January 31, 2022, except as
specified.
This bill would create the Kings River East Groundwater
Sustainability Agency and would require the agency's initial
boundaries to be established by the boards of supervisors of the
Counties of Fresno and Tulare after a noticed public hearing. The
bill would require the agency to elect to be a groundwater
sustainability agency under the Sustainable Groundwater Management
Act for that portion of the Kings Subbasin that lies within the
boundaries of the agency and would require the agency to develop and
implement a groundwater sustainability plan to achieve sustainable
groundwater management within the territory of the agency. The bill
would generally specify the powers and purposes of the agency. The
bill would prescribe the composition of the 7-member board of
directors of the agency and would require members and alternates to
be chosen by prescribed member agencies, as specified. By imposing
duties on the agency and the member agencies in connection with the
operation of the district, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30515 of the Penal
Code is amended to read:
30515. (a) Notwithstanding Section 30510, "assault weapon" also
means any of the following:
(1) A semiautomatic, centerfire rifle that has the
capacity to accept does not have a
detachable fixed magazine and
but has any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action
of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine
with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length
of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to
accept does not have a detachable
fixed magazine and but
has any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor,
forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely
encircles, the barrel that allows the bearer to fire the weapon
without burning the bearer's hand, except a slide that encloses the
barrel.
(D) The capacity to accept a detachable magazine at some location
outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the
capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action
of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a
detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) For purposes of this section, "fixed magazine" means an
ammunition feeding device contained in, or permanently attached to, a
firearm in such a manner that the device cannot be removed without
disassembly of the firearm action.
(b)
(c) The Legislature finds a significant public purpose
in exempting from the definition of "assault weapon" pistols that are
designed expressly for use in Olympic target shooting events.
Therefore, those pistols that are sanctioned by the International
Olympic Committee and by USA Shooting, the national governing body
for international shooting competition in the United States, and that
were used for Olympic target shooting purposes as of January 1,
2001, and that would otherwise fall within the definition of "assault
weapon" pursuant to this section are exempt, as provided in
subdivision (c). (d).
(c)
(d) "Assault weapon" does not include either of the
following:
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent with
the significant public purpose expressed in subdivision
(b): (c):
MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W LONG
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S&W LONG
PARDINI MP .32 S&W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT
(3) The Department of Justice shall create a program that is
consistent with the purposes stated in subdivision (b)
(c) to exempt new models of competitive pistols
that would otherwise fall within the definition of "assault weapon"
pursuant to this section from being classified as an assault weapon.
The exempt competitive pistols may be based on recommendations by USA
Shooting consistent with the regulations contained in the USA
Shooting Official Rules or may be based on the recommendation or
rules of any other organization that the department deems relevant.
SEC. 2. Section 30680 is added to the
Penal Code , to read:
30680. Notwithstanding the meaning of "assault weapon" under
Section 30515, as amended by the act that added this section, Section
30605 does not apply to the possession of an assault weapon by a
person who has possessed the assault weapon prior to January 1, 2017,
if all of the following are applicable:
(a) Prior to January 1, 2017, the person was eligible to register
that assault weapon pursuant to subdivision (c) of Section 30900.
(b) The person lawfully possessed that assault weapon prior to
January 1, 2017.
(c) The person registers the assault weapon by January 1, 2018, in
accordance with subdivision (b) of Section 30900.
SEC. 3. Section 30900 of the Penal Code
is amended to read:
30900. (a) (1) Any person who, prior to
June 1, 1989, lawfully possessed an assault weapon, as defined in
former Section 12276, as added by Section 3 of Chapter 19 of the
Statutes of 1989, shall register the firearm by January 1, 1991, and
any person who lawfully possessed an assault weapon prior to the date
it was specified as an assault weapon pursuant to former Section
12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989
or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or
Section 3 of Chapter 954 of the Statutes of 1991, shall register the
firearm within 90 days with the Department of Justice pursuant to
those procedures that the department may establish.
(b)
(2) Except as provided in Section 30600, any person who
lawfully possessed an assault weapon prior to the date it was
defined as an assault weapon pursuant to former Section 12276.1, as
it read in Section 7 of Chapter 129 of the Statutes of 1999, and
which was not specified as an assault weapon under former Section
12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or
as amended at any time before January 1, 2001, or former Section
12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989
or as amended at any time before January 1, 2001, shall register the
firearm by January 1, 2001, with the department pursuant to those
procedures that the department may establish.
(c)
(3) The registration shall contain a description of the
firearm that identifies it uniquely, including all identification
marks, the full name, address, date of birth, and thumbprint of the
owner, and any other information that the department may deem
appropriate.
(d)
(4) The department may charge a fee for registration of
up to twenty dollars ($20) per person but not to exceed the
actual reasonable processing costs of the
department. After the department establishes fees sufficient to
reimburse the department for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved annual
cost-of-living adjustment for the department's budget or as otherwise
increased through the Budget Act. Act but
not to exceed the reasonable costs of the department. The fees
shall be deposited into the Dealers' Record of Sale Special Account.
(b) (1) Any person who, from January 1, 2001, to December 31,
2016, inclusive, lawfully possessed an assault weapon that does not
have a fixed magazine, as defined in Section 30515, including those
weapons with an ammunition feeding device that can be readily removed
from the firearm with the use of a tool, shall register the firearm
before January 1, 2018, but not before the effective date of the
regulations adopted pursuant to paragraph (5), with the department
pursuant to those procedures that the department may establish by
regulation pursuant to paragraph (5).
(2) Registrations shall be submitted electronically via the
Internet utilizing a public-facing application made available by the
department.
(3) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
date the firearm was acquired, the name and address of the individual
from whom, or business from which, the firearm was acquired, as well
as the registrant's full name, address, telephone number, date of
birth, sex, height, weight, eye color, hair color, and California
driver's license number or California identification card number.
(4) The department may charge a fee in an amount of up to fifteen
dollars ($15) per person but not to exceed the reasonable processing
costs of the department. The fee shall be paid by debit or credit
card at the time that the electronic registration is submitted to the
department. The fee shall be deposited in the Dealers' Record of
Sale Special Account to be used for purposes of this section.
(5) The department shall adopt regulations for the purpose of
implementing this subdivision. These regulations are exempt from the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. This act shall be known and may be
cited as the Kings River East Groundwater Sustainability Agency Act.
Kings River East Groundwater Sustainability Agency Act
Article 1. Findings and Declarations
101. The Legislature hereby finds and declares that the
preservation of the groundwater resources within the territory of the
agency for agricultural, municipal, and industrial uses is in the
public interest and that the creation of the agency pursuant to this
act is for the common benefit of water users.
102. The Legislature further finds and declares that the
groundwater management activities of the agency benefit all operators
of groundwater extraction facilities within the territory of the
agency.
Article 2. Creation and Purposes
201. (a) A groundwater management agency is hereby created in the
Counties of Fresno and Tulare to be known as the Kings River East
Groundwater Sustainability Agency.
(b) The agency shall be governed by a board as specified in
Section 501 and shall have the boundaries specified in Section 301.
The agency shall exercise the powers granted by this act and the
Sustainable Groundwater Management Act (Part 2.74 (commencing with
Section 10720) of Division 6 of the Water Code) for purposes of
groundwater management within the boundaries of the agency, together
with any other powers as are reasonably implied, necessary, and
proper to carry out the objectives and purposes of the agency to
implement the Sustainable Groundwater Management Act.
Article 3. Boundaries
301. For the purposes of this act, the boundaries of the agency
shall include all land located within the exterior perimeter
boundaries of Alta Irrigation District within the Counties of Fresno
and Tulare, the Orange Cove Irrigation District, the Hills Valley
Irrigation District, and the Tri-Valley Water District overlying the
San Joaquin Valley Basin Kings Subbasin as described in the report by
the Department of Water Resources entitled "California's
Groundwater: Bulletin 118" updated in 2003, as it may be subsequently
updated or revised in accordance with Section 12924 of the Water
Code.
302. The agency's initial boundaries shall be established by the
boards of supervisors of the Counties of Fresno and Tulare after a
noticed public hearing. The boundaries shall be depicted on a map
that shall be adopted by the boards of supervisors of those counties
and thereafter recorded in the office of the county recorder of each
county.
303. The boards of supervisors of the Counties of Fresno and
Tulare may adjust the boundaries of the agency in the same manner
prescribed for establishment of the initial boundaries if the
boundaries of the basin are revised, including the establishment of
new subbasins.
Article 4. Definitions
401. Unless otherwise indicated by their context, the definitions
set forth in this article govern the interpretation of this act.
401.1. "Actively and primarily engaged in production of
agriculture" means that a person derives at least 75 percent of his
or her annual income from production agriculture.
402. "Agency" means the Kings River East Groundwater
Sustainability Agency established by this act.
403. "Alta" means the Alta Irrigation District.
404. "Aquifer" means a geologic formation or structure that
transmits water in sufficient quantities to supply pumping wells or
springs.
405. "Basin" has the same meaning as defined in Section 10721 of
the Water Code.
406. "Board" means the board of directors of the agency, as more
particularly described in Section 501.
407. "Cities" means the Cities of Dinuba, Orange Cove, and Reedly.
408. "Coordination agreement" has the same meaning as defined in
Section 10721 of the Water Code.
409. "County" means either the County of Fresno or the County of
Tulare, as the context requires. "Counties" means the County of
Fresno and the County of Tulare.
410. "Extraction" means the act of obtaining groundwater by
pumping or other controlled means.
411. "Groundwater" has the same meaning as defined in Section
10721 of the Water Code.
412. "Groundwater management activities" means programs, measures,
or actions taken to preserve, protect, and enhance groundwater
resources within the territory of the agency.
413. "Kings Subbasin" means the San Joaquin Valley Basin Kings
Subbasin as described in Section 301.
414. "Member agency" means Alta, the counties, the cities, and the
special districts entitled to representation on the agency's board
of directors as specified in Section 501.
415. "Operator" has the same meaning as defined in Section 10721
of the Water Code.
416. "Person" includes any state or local governmental agency,
private corporation, firm, partnership, limited liability company,
individual, group of individuals, or, to the extent authorized by
law, any federal agency.
417. "Plan" means a groundwater sustainability plan prepared by
the agency pursuant to this act.
418. "Supplemental water" means surface water or groundwater
imported from outside the watershed or watersheds of the basin or
aquifer and flood waters that are conserved and saved within the
watershed or watersheds that would otherwise have been lost or would
not have reached the basin or aquifer.
Article 5. General Provisions
501. (a) The agency shall be governed by a board of directors that
shall consist of seven members, as follows:
(1) One member shall be chosen by Alta.
(2) One member shall be chosen by the County of Fresno.
(3) One member shall be chosen by the County of Tulare.
(4) One member shall be chosen by the cities. This member shall be
chosen from the members of the city councils of the cities whose
territory, at least in part, overlies the territory of the agency.
This member shall be chosen at a public meeting where each city is
represented by its mayor.
(5) One member shall be chosen from the members of the governing
boards of the following special districts that are not governed by
the board of supervisors of either county, are engaged in water
activities, and whose territory, at least in part, overlies the
territory of the agency:
(A) Hills Valley Irrigation District.
(B) Orange Cove Irrigation District.
(C) Tri-Valley Water District.
(6) One member shall be chosen from the members of the governing
boards of the following special districts that provide drinking water
within the territory of the agency:
(A) Cutler Public Utility District.
(B) East Orosi Community Services District.
(C) London Community Services District.
(D) Orosi Public Utility District.
(E) Sultana Community Services District.
(7) One member shall be chosen by the other six board members to
represent agricultural interests within the territory of the agency.
This member shall reside and be actively and primarily engaged in
production of agriculture within the territory of the agency. This
member shall be selected from a list of at least five nominations
submitted from the Fresno County Farm Bureau and the Tulare County
Farm Bureau, acting jointly, but the five nominees need not be
members of either organization.
(b) The board members described in paragraphs (1), (2), and (3) of
subdivision (a) shall be chosen by their respective governing boards
from their board members whose districts or divisions overlie, at
least in part, the territory of the agency.
(c) The board members described in paragraphs (5) and (6) of
subdivision (a) shall be chosen at a public meeting where each
special district is represented by the president or chair of its
governing board.
(d) There shall be an alternate for each board member, chosen in
the same manner and by the same entity as the board member. The
alternate member shall act in place of the board member he or she is
an alternate for in case of that board member's absence or inability
to act.
502. (a) The members described in paragraphs (1) to (6),
inclusive, of subdivision (a) of Section 501 shall serve for a
four-year term of office, or until the member is no longer an
eligible official of the member agency. These members may serve for
more than one term of office.
(b) The member described in paragraph (7) of subdivision (a) shall
serve a four-year term of office.
503. (a) The board may adopt an ordinance to provide compensation
to members of the board in an amount not to exceed one hundred
dollars ($100) per day for each day's attendance at meetings of the
board or for each day's service rendered as a member of the board by
request of the board. For purposes of this section, the determination
of whether a board member's activities on any specific day are
compensable shall be made pursuant to Article 2.3 (commencing with
Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code.
(b) Reimbursement for expenses of members of the board is subject
to Sections 53232.2 and 53232.3 of the Government Code.
(c) The board may adopt an ordinance to increase the compensation
received by members of the board above the amount of one hundred
dollars ($100) per day. The increase shall not exceed an amount equal
to 5 percent, for each calendar year following the operative date of
the last adjustment, of the compensation that is received when the
ordinance is adopted.
(d) A board member shall not be compensated for more than a total
of 10 days in any calendar month.
504. (a) The board may adopt ordinances for the purpose of
regulating, conserving, managing, and controlling the use and
extraction of groundwater within the territory of the agency.
(b) An ordinance adopted by the board shall become effective 30
days from the date of its passage.
(c) All ordinances shall be adopted at noticed, public hearings
by a majority vote of the board. No ordinance shall be adopted by the
board except at a public hearing. Notice of the hearing shall be
published in a newspaper of general circulation pursuant to Section
6066 of the Government Code.
(d) The board shall provide notice of the adoption of all
ordinances.
505. No provision of this act shall be construed as denying to the
counties, any city, Alta, or any other member agency any rights or
powers that they already have or that they may be granted.
506. The agency may contract with either county or Alta for staff
and other services. The agency may hire contractors and consultants
as it considers appropriate.
507. The agency may enter into a coordination agreement with other
local agencies for purposes of coordinating the agency's plan with
other agencies or groundwater sustainability plans within the basin.
508. The agency may exclude from any of the requirements of this
act, or the operation of any ordinance, any operator who annually
extracts less than a minimum amount of groundwater as specified by an
ordinance adopted by the board.
Article 6. Studies and Investigations
601. The agency may collect data and conduct technical and other
investigations of all kinds in order to carry out the provisions of
this act. All hydrological investigations and studies carried out by
or on behalf of the agency shall be constructed by or under the
supervision of licensed engineers or other persons qualified in
groundwater geology or hydrology.
602. The agency may recommend and encourage water recycling and
other water development projects, where those projects will enhance
and contribute to the responsible management of groundwater
resources, as part of its annual plan for implementation of
groundwater management objectives.
Article 7. Sustainable Groundwater Management Powers
701. The agency shall develop and implement a groundwater
sustainability plan pursuant to Chapter 6 (commencing with Section
10727) of Part 2.74 of Division 6 of the Water Code to achieve
sustainable groundwater management within the territory of the
agency.
702. The agency shall elect to be a groundwater sustainability
agency pursuant to Chapter 4 (commencing with Section 10723) of Part
2.74 of Division 6 of the Water Code for that portion of the Kings
Subbasin that lies within the boundaries of the agency.
703. The agency may exercise any of the powers described in
Chapter 5 (commencing with Section 10725) of Part 2.74 of Division 6
of the Water Code and the enforcement powers described in Chapter 9
(commencing with Section 10732) of Part 2.74 of Division 6 of the
Water Code.
704. The availability of supplemental water to any operator shall
not subject that operator to regulations that are more restrictive
than those imposed on other operators.
Article 8. Fee Authority
801. Pursuant to Chapter 8 (commencing with Section 10730) of Part
2.74 of Division 6 of the Water Code, the agency may impose fees,
including, but not limited to, permit fees and fees on groundwater
extraction or other regulated activity, to fund the costs of a
groundwater sustainability program, that include, but are not limited
to, the preparation, adoption, and amendment of a groundwater
sustainability plan, investigations, inspections, compliance
assistance, enforcement, and program administration, including a
prudent reserve.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.