AB 12 — Low-carbon fuel standard: regulations.

Bill20251AB__001299INT Text99 -INTRODUCED AB-122025-01-28 Low-carbon2025 fuel1 standard:AB 12 INT Introduced by Assembly Member Hoover (Coauthor:

regulations.Assembly Member Hadwick) LEAD_AUTHOR ASSEMBLY Hoover COAUTHOR ASSEMBLY Hadwick An act to amend Section 463 of the Penal Code, relating to crimes.

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12/02/24Existing -law Introduceddefines AB-12the Low-carboncrime fuelof standard:burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony.

regulations.(2025-2026)Existing Textlaw >>defines Votesburglary >>of Historythe >>first Billdegree Analysisas >>any Today'sburglary Lawof Asan Amendedinhabited >>building Compareand Versionsmakes >>burglary Statusof >>the Commentsfirst Todegree Authorpunishable >>by Trackimprisonment Billin >>the Addstate Toprison Myfor Favorites2, >>4, SHAREor THIS:6 years.

DateExisting Published:law defines all other burglary as burglary of the 2nd degree and makes it punishable by imprisonment in the county jail for one year or as a felony.

12/02/2024Existing 09:00law PMmakes AB12:v99#DOCUMENTBillthe Starttheft CALIFORNIAof LEGISLATURE—money, 2025–2026labor, REGULARor SESSIONproperty Assemblypetty Billtheft No.punishable as a misdemeanor, whenever the value of the property taken does not exceed $950.

12IntroducedUnder byexisting Assemblylaw, Membersif Wallis,the Gallagher,value andof Patterson(Coauthors:the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony.

AssemblyExisting Memberslaw Alanis,defines Castillo,any Chen,2nd-degree Davies,burglary DeMaio,or Dixon,grand Essayli,theft, Flora,during Jeff Gonzalez,and Hadwick,within Hoover,an Lackey,affected Macedo,county Sanchez,in Ta,a andstate Tangipa)December 02, 2024of Anemergency actor tolocal addemergency, Sectionas 39617.2specified, toas thelooting, Healthpunishable andby Safetyeither Code,imprisonment relatingin toa aircounty pollution.jail for one year or as a felony.

LEGISLATIVEExisting COUNSEL'Slaw DIGESTABmakes 12,petty astheft introduced,committed Wallis.during and within an affected county in a state of emergency or local emergency a misdemeanor and requires a minimum jail term of 90 days.

Low-carbonExisting fuellaw standard:prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified.

regulations.TheA Californiaviolation Global Warming Solutions Act of 2006these establishesprohibitions theis Statepunishable Air Resources Board as thea statemisdemeanor. agency responsible for monitoring and regulating sources emitting greenhouse gases.

TheThis actbill requireswould themake statelooting boardby to adopt rules and regulations to achieve the maximummeans technologicallyof feasiblea and2nd-degree cost-effectiveburglary greenhouseor gasgrand emissionstheft reductionspunishable toinstead ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined,a nofelony. later than December 31, 2030.

PursuantThe tobill thewould act,define thea statepetty boardtheft hascommitted adoptedduring theand Low-Carbonwithin Fuelan Standardaffected regulations.Thiscounty billin woulda voidstate specifiedof amendmentsemergency toor thelocal Low-Carbonemergency Fuelas Standardlooting regulationsand adoptedmake it punishable by imprisonment in the statecounty boardjail onfor Novemberone 8,year 2024.Digestor Keyas Vote:a felony.

MAJORITY  The Appropriation:bill would require any person who in the course of committing or attempting to commit the crime of looting impersonated a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, subject to a penalty enhancement.

NO  By Fiscalincreasing Committee:the punishment of a crime, this bill would impose a state-mandated local program.

YES  The LocalCalifornia Program:Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

NO  BillStatutory TextTheprovisions peopleestablish ofprocedures thefor Statemaking of California do enact as follows:SECTION 1. Section 39617.2 is added to the Health and Safety Code, to read:39617.2. Notwithstanding any other law, the final regulation order of the state board to amend the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) that amendsreimbursement. Sections 95481, 95482, 95483, 95483.2, 95483.3, 95484, 95485, 95486, 95486.1, 95486.2, 95487, 95488, 95488.1, 95488.2, 95488.3, 95488.4, 95488.5, 95488.6, 95488.7, 95488.8, 95488.9, 95488.10, 95489, 95490, 95491, 95491.1, 95495, 95500, 95501, 95502, and 95503 of Title 17 of the California Code of Regulations, as adopted on November 8, 2024, is hereby void.

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

MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section 463 of the Penal Code is amended to read:

463.

(a) (1) Every person who violates Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable pursuant to subdivision (h) of Section 1170.

Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 180 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition.

In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 240 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.

For</xhtml:p>"?> (2) For purposes of this subdivision, the fact that the structure entered has been damaged by the earthquake, fire, flood, or other natural or manmade disaster shall not, in and of itself, preclude conviction.

(b) Every person who commits the crime of grand theft, as defined in Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or unnatural disaster shall be guilty of the crime of looting, punishable pursuant to subdivision (h) of Section 1170.

Every person who commits the crime of grand theft of a firearm, as defined in Section 487, during and within an affected county in a “state of emergency” or a “local emergency” resulting from an earthquake, fire, flood, riot, or other natural or unnatural disaster shall be guilty of the crime of looting, punishable by imprisonment in the state prison, as set forth in subdivision (a) of Section 489.

Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 180 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition.

In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 160 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.

(c) Every person who commits the crime of petty theft, as defined in Section 488, during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster shall be guilty of the crime of looting, punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.

Any person convicted under this subdivision who is eligible for probation and who is granted probation shall, as a condition thereof, be confined in a county jail for at least 90 days, except that the court may, in the case where the interest of justice would best be served, reduce or eliminate that mandatory minimum jail sentence, if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition.

In addition to whatever custody is ordered, the court, in its discretion, may require any person granted probation following conviction under this subdivision to serve up to 80 hours of community service in any program deemed appropriate by the court, including any program created to rebuild the community.

(d) Any person who commits a violation of this section and who, in the course of that violation or attempted violation, impersonates a first responder, in violation of Section 538d, 538e, 538g, or 538h, shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court.

(d)</xhtml:p>"?> (e) (1) For purposes of this section, “state of emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.

(2) For purposes of this section, “local emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.

(3) For purposes of this section, a “state of emergency” shall exist from the time of the proclamation of the condition of the emergency until terminated pursuant to Section 8629 of the Government Code.

For purposes of this section only, a “local emergency” shall exist from the time of the proclamation of the condition of the emergency by the local governing body until terminated pursuant to Section 8630 of the Government Code.