Amended in Senate April 6, 2015

Senate Bill No. 716

Introduced by Senator Lara

February 27, 2015

An act to begin delete amend Section 2840.4 of the Public Utilities Code, relating to energy. end delete begin insert amend, repeal, and add Section 596.5 of the Penal Code, relating to animal cruelty. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 716, as amended, Lara. begin delete Waste Heat and Carbon Emissions Reduction Act. end delete begin insert Animal cruelty: elephants. end insert

begin insert

Existing law makes it a misdemeanor for any owner or manager of an elephant to engage in abusive behavior toward the elephant, which includes disciplining an elephant by specified methods, including, but not limited to, use of electricity.

end insert begin insert

This bill would, beginning January 1, 2018, additionally provide that abusive behavior toward the elephant includes the discipline, management, or training of the elephant by specified methods, including the use of a bullhook, ankus, guide, or pitchfork. By expanding the scope of a crime, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

The Waste Heat and Carbon Emissions Reduction Act finds and declares, among other things, that combined heat and power systems produce both electricity and thermal energy from a single fuel input, thus achieving much greater efficiency than the usual separate systems for producing these forms of energy and reducing the consumption of fuel.

end delete begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 596.5 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

596.5.  

begin insert (a) end insert begin insert   end insert It shall be a misdemeanor for any owner or manager
of an elephant to engage in abusive behavior begin delete towards end delete begin insert toward end insert the
elephant, begin delete which behavior shall include end delete begin insert including end insert the discipline of
the elephant by any of the following methods:

begin delete

(a)

end delete

begin insert (1) end insert  Deprivation of food, water, or rest.

begin delete

(b)

end delete

begin insert (2) end insert  Use of electricity.

begin delete

(c)

end delete

begin insert (3) end insert  Physical punishment resulting in damage, scarring, or
breakage of skin.

begin delete

(d)

end delete

begin insert (4) end insert  Insertion of any instrument into any bodily orifice.

begin delete

(e)

end delete

begin insert (5) end insert  Use of martingales.

begin delete

(f)

end delete

begin insert (6) end insert  Use of block and tackle.

begin insert

(b) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 596.5 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 596.5. end insert   

(a) It shall be a misdemeanor for an owner or manager
of an elephant to engage in abusive behavior toward the elephant,
including the discipline, management, or training of the elephant
by any of the following methods:

(1) Deprivation of food, water, or rest.

(2) Use of electricity.

(3) Physical punishment resulting in damage, scarring, or
breakage of skin.

(4) Insertion of any instrument into any bodily orifice.

(5) Use of martingales.

(6) Use of block and tackle.

(7) Use of a bullhook, ankus, guide, or pitchfork, including the
use of those devices without making contact.

(b) This section shall become operative on January 1, 2018.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 2840.4 of the Public Utilities Code is
amended to read:

2840.4.  

The Legislature finds and declares all of the following:

(a) Combined heat and power systems produce both electricity
and thermal energy from a single fuel input, thus achieving much
greater efficiency than the usual separate systems for producing
these forms of energy and reducing the consumption of fuel.

(b) Combined heat and power systems recover heat that would
otherwise be wasted in separate energy applications and use this
heat to avoid consumption of fuel that would otherwise be required
to produce heat.

(c) Gigawatthours of potential useful electricity and millions of
British thermal units of thermal energy could be derived from
unused waste heat that is currently being vented into the
atmosphere.

end delete