Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy

Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. 

Read the full bill text

On this page:

• Requirements
• Definition of Military Equipment 
• Documents
• Upcoming Public Meetings
• Previous Presentations

Requirements

Assembly Bill (AB) 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill. The following are required:

• Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy.
• Obtain approval by the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. (See definitions below)
• Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.
• Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
• Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

NOTE:  PPD has not obtained, nor does it utilize, any equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).

Definition of Military Equipment

The Assembly Bill has designated the following categories of items as military equipment. The Pittsburg Police Department has equipment that meets the criteria for 7 of the 15 categories:

• Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1).  The Pittsburg Police Department does have equipment that fits into this category.
  
  
• Mine-resistant ambush-protected vehicles or armored personnel carriers (Equipment Category 2).  The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached (Equipment Category 3).  The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4).  The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5).  The Pittsburg Police Department does have equipment that fits into this category.
  
  
• Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6).  The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7).  The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Equipment Category 8). The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns (Equipment Category 9).  The Pittsburg Police Department does have equipment that fits into this category.
  
  
• Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 10).  The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• Noise-flash diversionary devices and explosive breaching tools (Equipment Category 11).  The Pittsburg Police Department does have equipment that fits into this category.
  
  
• Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12).  The Pittsburg Police Department does have equipment that fits into this category.
  
  
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13).  The Pittsburg Police Department does not have equipment that fits into this category.
  
  
• Kinetic energy weapons and munitions (Equipment Category 14).  The Pittsburg Police Department does have equipment that fits into this category.
  
  
• Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15).  The Pittsburg Police Department has proposed listing certain equipment in this category for transparency. 

Documents

• AB 481 Draft Policy- Lexipol Policy 706
• AB 481 Draft Equipment List
• PPD Military Equipment Report 2022 - Final Draft
• PPD Military Equipment Report 2023

Annual Report

A law enforcement agency that receives approval for a military equipment use policy is required to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual report is also required to be made publicly available on the department's website.

Additional Requirements for the Report

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
7. Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

Upcoming Public Meetings

Learn more about AB 481 at one of these upcoming meetings.

Pittsburg City Council Meeting

This item will be considered by the Pittsburg City Council at the April 18, 2022 meeting.   Complete agenda packets for City Council meetings are available online at least 72 hours, and typically 10 days, before the regular meeting.  Resident participation is encouraged in any of the following ways:

• Speak during the Public Comment section connected with this item.
• View meeting live streamed, linked on the City’s website.
• Delta TV/Comcast Channel 32
• Delta TV/U-verse Channel 99

Previous Presentations

Public Safety Sub-Committee Meeting

AB 481 was presented to the Public Safety Sub-Committee on March 1, 2022.

Video Link