BILL NUMBER: AB 2944	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 7, 2002
	AMENDED IN SENATE  JUNE 18, 2002
	AMENDED IN ASSEMBLY  APRIL 22, 2002

INTRODUCED BY   Assembly Member Kehoe
    (Principal coauthor: Senator Bowen) 
    (Coauthors:  Assembly Members John Campbell, Koretz,
Lowenthal, and Nation) 
    (Coauthors:  Senators Dunn, Morrow, and O'Connell) 

                        FEBRUARY 25, 2002

   An act  relating to energy conservation and development.
  to amend Section 17538.4 of the Business and
Professions Code, relating to advertising. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2944, as amended, Kehoe.   Energy conservation and
development:  San Diego Solar Streetlights Pilot Program 
 Advertising:  facsimile machines . 
   Existing state law prohibits a person conducting business in this
state from faxing or electronically mailing unsolicited advertising
material, unless certain conditions are met.
   This bill would delete the existing state law prohibition relative
to the faxing of unsolicited advertising material.   
   (1) Existing law establishes the State Energy Resources
Conservation and Development Commission within the Resources Agency,
with powers and responsibilities that include the development of
alternative renewable sources of energy.
   This bill would establish, until January 1, 2006, the San Diego
Solar Streetlights Pilot Program to educate the public on the
feasibility of solar energy systems and to encourage greater use of
solar energy systems in both commercial and residential applications.
  The bill would require the City of San Diego, if successful in
effectuating the pilot project, to report to the  commission on the
pilot program, and thus would impose a state-mandated local program.

  (2) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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   no  . State-mandated local program:
yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  The Legislature finds and declares all of the 

  SECTION 1.  Section 17538.4 of the Business and Professions Code is
amended to read: 
   17538.4.  (a) No person or entity conducting business in this
state shall  facsimile (fax) or cause to be faxed, or
 electronically mail (e-mail) or cause to be e-mailed
 ,  documents  consisting of  
containing  unsolicited advertising material for the lease,
sale, rental, gift offer, or other disposition of any realty, goods,
services, or extension of credit unless  :
   (1) In the case of a fax, that person or entity establishes a
toll-free telephone number that a recipient of the unsolicited faxed
documents may call to notify the sender not to fax the recipient any
further unsolicited documents.
   (2) In the case of e-mail,  that person or entity
establishes a toll-free telephone number or valid sender operated
return e-mail address that the recipient of the unsolicited documents
may call or e-mail to notify the sender not to e-mail any further
unsolicited documents.
   (b) All unsolicited  faxed or  e-mailed documents
subject to this section shall include a statement informing the
recipient of the toll-free telephone number that the recipient may
call, or a valid return address to which the recipient may write or
e-mail, as the case may be, notifying the sender not to  fax
or  e-mail the recipient any further unsolicited documents
to the  fax number, or numbers, or  e-mail address,
or addresses, specified by the recipient.  
   In the case of faxed material, the statement shall be in at least
nine-point type.  In the case of e-mail, the  
   The  statement shall be the first text in the body of the
message and shall be of the same size as the majority of the text of
the message.
   (c) Upon notification by a recipient of his or her request not to
receive any further unsolicited  faxed or e-mailed
documents, no person or entity conducting business in this state
shall  fax or cause to be faxed or  e-mail or cause
to be e-mailed any unsolicited documents to that recipient.
   (d)  In the case of e-mail, this   This 
section shall apply when the unsolicited e-mailed documents are
delivered to a California resident via an electronic mail service
provider's service or equipment located in this state.  For these
purposes "electronic mail service provider" means any business or
organization qualified to do business in this state that provides
individuals, corporations, or other entities the ability to send or
receive electronic mail through equipment located in this state and
that is an intermediary in sending or receiving electronic mail.
   (e) As used in this section, "unsolicited e-mailed documents"
means any e-mailed document or documents consisting of advertising
material for the lease, sale, rental, gift offer, or other
disposition of any realty, goods, services, or extension of credit
that meet both of the following requirements:
   (1) The documents are addressed to a recipient with whom the
initiator does not have an existing business or personal
relationship.
   (2) The documents are not sent at the request of, or with the
express consent of, the recipient.
   (f) As used in this section,  "fax" or "cause to be faxed"
or  "e-mail" or "cause to be e-mailed" does not include or
refer to the transmission of any documents by a telecommunications
utility or Internet service provider to the extent that the
telecommunications utility or Internet service provider merely
carries that transmission over its network.
   (g) In the case of e-mail that consists of unsolicited advertising
material for the lease, sale, rental, gift offer, or other
disposition of any realty, goods, services, or extension of credit,
the subject line of each and every message shall include "ADV:" as
the first four characters.  If these messages contain information
that consists of unsolicited advertising material for the lease,
sale, rental, gift offer, or other disposition of any realty, goods,
services, or extension of credit  ,  that may only
be viewed, purchased, rented, leased, or held in possession by an
individual 18 years of age and older, the subject line of each and
every message shall include "ADV:ADLT" as the first eight characters.

   (h) An employer who is the registered owner of more than one
e-mail address may notify the person or entity conducting business in
this state e-mailing or causing to be e-mailed  , 
documents consisting of unsolicited advertising material for the
lease, sale, rental, gift offer, or other disposition of any realty,
goods, services, or extension of credit of the desire to cease
e-mailing on behalf of all of the employees who may use
employer-provided and employer-controlled e-mail addresses.
   (i) This section, or any part of this section, shall become
inoperative on and after the date that federal law is enacted that
prohibits or otherwise regulates the transmission of unsolicited
advertising by electronic mail (e-mail).    following:
   (a) It is in the best interests of the people of this state that
the quality of life of its citizens be improved by providing
environmentally sound, safe, reliable, and affordable energy services
and products.
   (b) It is in the best interests of the people of this state to
reduce our reliance upon electricity generated by thermal
powerplants.
   (c) It is in the best interests of the people of this state to
encourage the use of alternative energy sources, including solar
energy systems, as a means of reducing that reliance.
   (d) Pilot programs demonstrating to the public both the
feasibility and reliability of alternative energy sources are an
effective means to encourage the public to use solar energy systems.

  SEC. 2.  (a) The San Diego Solar Streetlights Pilot Program is
hereby established to educate the public on the feasibility of solar
energy systems as an alternative renewable energy source, and to
encourage greater use of solar energy systems in both commercial and
residential applications.
   (b) The project shall utilize resources of California alternative
energy companies for a solar street lighting system for a portion of
the city not to exceed a six-block radius. "Street lighting system"
includes any or all appliances, poles, posts, electroliers,
transformers, lighting units, lamps, cables, wires, pipes, conduits,
and other suitable or necessary works or appliances  for street
lighting purposes.
   (c) The participating alternative energy companies shall, in
consideration of certain incentives to be devised by the City of San
Diego in concert with the alternative energy producers, donate the
physical plant and necessary infrastructure to bring the pilot
project into being.  No state funds shall be encumbered in order to
conduct, or pay for, any part of the pilot program originally
undertaken or provided by any industry or business participant.
Nothing in this subdivision shall be construed as prohibiting the use
of federal funds, should they become available for purposes
consistent with this section or preventing the commission from using
existing resources, to provide technical or other assistance to the
program.
   (d) The industry or business participants of the pilot program may
be identified in public, provided the brands of products employed
shall not be identified, nor shall their use be deemed an endorsement
of any particular brand or proprietary approach to using alternative
energy.
   (e) On or before January 1, 2005, if the City of San Diego is
successful in effectuation of the pilot project, the city shall
report to the State Energy Resources Conservation and Development
Commission on the pilot program.  This report shall include, but is
not limited to, an analysis of the costs and benefits of equipment
and materials used in the pilot program, a discussion of the results
obtained and a discussion of the implications for statewide
implementation of the program.
   (f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.