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AB-1321 Public lands: State Lands Commission: coastal ports: automated technology.(2019-2020)

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Date Published: 06/17/2019 09:00 PM
AB1321:v96#DOCUMENT

Amended  IN  Senate  June 17, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1321


Introduced by Assembly Member Gipson

February 22, 2019


An act to add Section 209.5 to the Welfare and Institutions Code, relating to juveniles. An act to add Section 6302.5 to the Public Resources Code, relating to public lands.


LEGISLATIVE COUNSEL'S DIGEST


AB 1321, as amended, Gipson. Juvenile facilities: use of chemical spray. Public lands: State Lands Commission: coastal ports: automated technology.
Existing law vests control over specified public lands with the State Lands Commission. The 3 members of the commission are the Lieutenant Governor, the Controller, and the Director of Finance. Existing law specifies that the commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the state, and of the beds of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits, including tidelands and submerged lands or any interest in those lands, as described, which have been or may be acquired by the state by quitclaim, cession, grant, contract, otherwise from the federal government, or by any other means. Existing law also provides specific responsibilities for the commission with respect to the ports of Los Angeles and Oakland.
This bill would authorize the commission to approve, on a case-by-case basis, the use of automated technology, as defined, on the property of coastal ports within the commission’s jurisdiction when the commission determines that the proposed transition to the use of automated technology will provide a safe working environment and not cause critical damage to the state economy or to the economies of surrounding local communities, as specified.
The bill would require the commission to submit an annual report to the Legislature, commencing on or before March 1, 2021, detailing each instance in which the commission has approved a use of automated technology pursuant to the bill during the preceding year.

Existing law requires the Board of State and Community Corrections to adopt minimum standards for the operation and maintenance of juvenile halls for the confinement of minors. Existing law requires the judge of the juvenile court of the county to annually inspect any jail or juvenile hall that was used for the confinement of any minor and to notify the operator of the jail or juvenile hall of any observed noncompliance with the minimum standards of the juvenile facility adopted by the board.

This bill would require the custodian of each juvenile facility to report quarterly to the board on the use of chemical agents in the facility. The bill would require the Legislative Analyst’s Office to conduct a study on the use of chemical agents in juvenile facilities and report to the Legislature by June 1, 2021. By imposing the new reporting duty on local juvenile facilities, this 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 the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The state recognizes the significance of planning for the impacts automated technology will have on our state and local economies and on all the people who live, work, own businesses, and shop in the state.
(b) The state recognizes that proposals to allow the installation of automated technologies have been advanced at our coastal ports and lands that are held in public trust.
(c) The mission of the State Lands Commission is to provide the people of California with effective stewardship of the lands, waterways, and resources entrusted to its care through responsible economic development, preservation, restoration, and enhancement, as well as the promotion of public access. The State Lands Commission strives to protect its lands and resources while promoting appropriate economic development and ensuring that the public is adequately compensated for the use and occupation of its land and the development of its resources.
(d) Many of California’s ports and harbor districts manage state-owned lands and assets for the benefit of all of the people of California.

SEC. 2.

 Section 6302.5 is added to the Public Resources Code, to read:

6302.5.
 (a) Notwithstanding any other law, the commission may approve, on a case-by-case basis, the use of automated technology on the property of coastal ports within the commission’s jurisdiction when the commission determines that the proposed transition to the use of automated technology will provide a safe working environment and not cause critical damage to the state economy or to the economies of surrounding local communities.
(b) In its consideration of proposals to use automated technology on the property of coastal ports, the commission shall consider issues including, but not necessarily limited to, the effects of automated technology with respect to both of the following:
(1) The safety of the working environment at the coastal ports.
(2) The economic impact, including an estimate of the job loses or gains that would result from the proposed use of automated technology.
(c) The commission shall submit a report to the Legislature on or before March 1, 2021, and on or before March 1 of each year thereafter, detailing each instance in which the commission has approved a use of automated technoloy pursuant to this section during the preceding year. The report shall comply with Section 9795 of the Government Code.
(d) As used in this section, “automated technology” means any equipment or infrastructure that does not require a human operator physically located in the machine or at the location of the infrastructure to operate it, and that is used on public trust lands or coastal ports. “Automated technology” does not mean equipment or infrastructure operated by a human and that produces zero emissions or near zero emissions.

SECTION 1.Section 209.5 is added to the Welfare and Institutions Code, to read:
209.5.

(a)On March 1, June 1, September 1, and December 1, of each year, the custodian of each juvenile facility shall report to the Board of State and Community Corrections the following information regarding the use of chemical agents in the facility, which shall be posted on the Board of State and Community Corrections’ internet website in a manner that is accessible to the public:

(1)The number of instances in which chemical agents were used in the facility and number of minors affected by the use of chemical agents.

(2)For each instance of use of a chemical agent, all of the following:

(A)Demographic information, including age, gender, and race, of minors affected by each use of chemical agents and whether the minor or minors affected were predisposition or postdisposition.

(B)The date, time, and location within each facility of each use of chemical agents.

(C)The stated reason for the use of chemical agents.

(D)Other physical force techniques used in conjunction with or after the use of chemical agents, and the techniques that were used.

(E)Decontamination procedures employed after the use of chemical agents, if any.

(F)Injuries to minors resulting from the use of chemical agents, and of those, the number of injuries resulting in hospitalization, if any.

(G)Injuries to staff caused by the use of chemical agents.

(3)The facility’s policies on chemical agents.

(b)(1)The Legislative Analyst’s Office shall conduct a study of the use of chemical agents in juvenile facilities. The study shall include all of the following:

(A)An analysis of the data provided to the Board of State and Community Corrections pursuant to this section.

(B)A study of the policies and practices of juvenile facilities in the top quartile of use of chemical agents per capita based on average daily population over the previous year.

(C)Consultation with stakeholders, including individuals currently or formerly detained in juvenile facilities.

(D)Based on the description of an event, whether it is alleged the chemical agent was used to mitigate or prevent a physical altercation between one or more minors and between one or more minors and institutional staff members.

(2)The Legislative Analyst’s Office shall submit a report, including, but not necessarily limited to, the data and analysis required by this section to the Legislature on or before January 1, 2021.

(3)(A)The requirement for submitting a report imposed under paragraph (2) is inoperative on January 1, 2025, pursuant to Section 10231.5 of the Government Code.

(B)A report to be submitted pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.

(c)For purposes of this section, the following definitions apply:

(1)“Chemical agent” means a chemical-based agent designed to debilitate or incapacitate a person, or to cause a temporary burning sensation and inflammation of mucous membranes and eyes leading to involuntary closure, including, but not limited to, tear gas, mace, oleoresin capsicum, or pepper spray.

(2)“Minor” means a person who is any of the following:

(A)A person under 18 years of age.

(B)A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility.

(C)A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Justice.

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.