BILL NUMBER: SB 703 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2004
AMENDED IN SENATE JULY 16, 2003
AMENDED IN SENATE JULY 2, 2003
AMENDED IN SENATE JUNE 3, 2003
AMENDED IN SENATE APRIL 30, 2003
INTRODUCED BY Senators Florez and Denham
(Coauthor: Assembly Member Cogdill)
FEBRUARY 21, 2003
An act relating to public utilities. An
act to add Sections 13202.2 and 23593 to the Vehicle Code, relating
to theft of diesel fuel.
LEGISLATIVE COUNSEL'S DIGEST
SB 703, as amended, Florez. Electricity rates:
agricultural irrigation pumps Theft: diesel fuel on
agricultural property .
Existing law generally makes theft a crime. Existing law
authorizes the suspension of a person's privilege to operate a motor
vehicle when the person commits various crimes. In addition,
existing law authorizes the impoundment of a motor vehicle whenever a
person is convicted of specified crimes.
This bill would authorize the court, if a person is convicted of
an act of theft in which the item stolen is diesel fuel on
agricultural property, to suspend, for not more than 6 months, the
person's privilege to operate a motor vehicle and for each successive
offense, suspend the person's privilege to operate a motor vehicle
for one additional year. The bill would also authorize the court,
whenever a person is convicted of an act of theft of diesel fuel from
agricultural property, if the person who was convicted owns the
vehicle used in furtherance of that theft, to order the motor vehicle
impounded for a period of not more than 6 months. By authorizing
the impoundment of vehicle, this bill would increase the duties of
local officials, thereby imposing 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, 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.
(1) The California Constitution authorizes the Public Utilities
Commission to set rates for all public utilities subject to its
jurisdiction.
This bill would declare the intent of the Legislature to establish
cost-effective agricultural and water pumping electricity rate
schedules that are competitive with diesel rates to prevent
additional conversions of agricultural irrigation pumps.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all the
SECTION 1. Section 13202.2 is added to the Vehicle Code, to read:
13202.2. (a) In addition to existing penalties, if a person is
convicted of an act of theft in which the item stolen is diesel fuel
on agricultural property, the court may do the following:
(1) Suspend, for not more than six months, the person's privilege
to operate a motor vehicle.
(2) For each successive offense, suspend the person's privilege to
operate a motor vehicle for one additional year.
(b) (1) In lieu of suspending a person's driving privilege
pursuant to subdivision (a), the court may order the privilege to
operate a motor vehicle restricted to necessary travel to and from
that person's place of employment or school for six months. If
driving a motor vehicle is necessary to perform the duties of the
person's employment, the court may restrict the driving privilege to
allow driving in that person's scope of employment.
(2) In lieu of suspending a person's driving privilege pursuant to
subdivision (a), the court may order the privilege to operate a
motor vehicle restricted to necessary travel in situations involving
a medical emergency.
SEC. 2. Section 23593 is added to the Vehicle Code, to read:
23593. Whenever a person is convicted of an act of theft of
diesel fuel from agricultural property and uses a motor vehicle owned
by him or her in furtherance of that theft, who was convicted, the
court at the time the sentence is imposed may order the motor vehicle
impounded for a period of not more than six months.
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.
following:
(a) Over the past 15 years, a significant number of agricultural
irrigation pumps, wind machines, and other agricultural equipment,
have been converted from electrical motors to diesel-driven engines,
due to rising electricity rates.
(b) Diesel-driven irrigation pumps and other diesel-driven
agricultural equipment represent a source of oxides of nitrogen (NOx)
and particulate matter that exacerbates the existing air quality and
public health problems facing many areas of the state.
(c) The reduction or elimination of emissions from diesel-driven
irrigation pumps and other diesel-driven agricultural equipment,
through conversion to electricity and ultra-clean and low-emission
technologies, is in the public interest.
(d) It is the policy of the State of California and the California
Public Utilities Commission to encourage alternatives to
diesel-driven irrigation pumps and other diesel-driven agricultural
equipment, including electric motors, through the development of
long-term rate structures that are competitive with diesel engines.
(e) It is the intent of the Legislature, in enacting this statute,
to establish cost-effective agricultural and water pumping
electricity rate schedules that are competitive with diesel rates to
prevent additional conversions of agricultural irrigation pumps, and
to provide an incentive to convert diesel-driven irrigation pumps
back to electrical motors. It is the further intent of the
Legislature that any discounts are financed by the beneficiaries of
the air quality improvements, to avoid shifting costs to
nonbeneficiaries.