The Equity in Higher Education Act provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment. Existing law provides that sexual harassment of students is a form of prohibited sex discrimination and defines terms for purposes of the Equity in Higher Education Act. This bill would, commencing August 1, 2027, define additional terms for purposes of the act, including, among other terms, "digitized sexually explicit material," "sextortion," "technology-facilitated sexual harassment," and "affirmative consent." The bill would also revise the definitions of "sexual harassment" and "sexual exploitation," and make conforming changes. To the extent that the bill would impose new duties on community college districts, 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.
Existing law provides for the licensure and regulation of structural pest control by the Structural Pest Control Board in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor. Existing law designates each county agricultural commissioner as the lead agency for inspections and routine investigations of structural pest control operators and registered companies. Existing law prescribes 3 classifications of structural pest control licenses, which are designated as Branch 1, Branch 2, and Branch 3, based on the types of pest control work permitted. Branch 1 relates to the control of household and wood-destroying pests or organisms by fumigation with poisonous or lethal gases. Branch 2 relates to the control of household pests, excluding fumigation with poisonous or lethal gases. Branch 3 relates to the control of wood-destroying pests or organisms by the use of insecticides, or structural repairs and corrections, excluding fumigation with poisonous or lethal gases. Existing law prohibits an unlicensed individual in the employ of a registered company from applying pesticides included in Branch 2 or Branch 3, but authorizes an individual, for 90 days from the date of employment, to apply pesticides for the purposes of training under the direct supervision of a licensed field representative or operator employed by the company. This bill, on and after January 1, 2028, would also authorize an unlicensed individual employed by a registered company who has applied for a structural pest control applicator examination in Branch 2 and Branch 3 to apply pesticides included in Branch 2 and Branch 3 outdoors under the supervision of a licensed operator or field representative for up to 60 days if specified conditions are met, including that the unlicensed individual has completed a minimum of 80 hours of documented in-person training in pesticide application under the direct supervision of a licensed operator or field representative, as specified. The bill would require the registered company and supervising licensee to maintain certain documentation, including documentation demonstrating completion of required training, for at least 3 years. By expanding the scope of a crime and to the extent the bill would impose additional requirements on county agricultural commissioners, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee's photograph or likeness. This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, defined to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. The bill would also remove the provisions establishing the rebuttable presumption when an employee's likeness or photograph appears in an advertisement or other publication. Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified. This bill would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions.
(1) Existing law, the California Fair Employment and Housing Act (FEHA) , establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment and housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory practices based on those characteristics unlawful. The FEHA also declares that its purpose is to provide effective remedies that will eliminate these discriminatory practices. The FEHA defines terms used in connection with unlawful practices. These include "sex," which includes pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, and breastfeeding or medical conditions related to breastfeeding. This bill would include perimenopause, menopause, or postmenopause or other related medical conditions within the above definition of sex. The FEHA separately defines the term "medical condition" to mean either a health impairment related to or associated with a diagnosis of cancer or a record or history of cancer or specified genetic characteristics. The Unruh Civil Rights Act (Unruh Act) establishes that all persons within the jurisdiction of the state are free and equal and, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as prescribed. The Unruh Act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would provide that "medical condition" as used in the definition of "sex" in FEHA and the Unruh Act includes, but is not limited to, the conditions included in the definition of "medical condition" in FEHA. (2) Existing law requires the Civil Rights Department to provide a poster on discrimination in employment to an employer or a member of the public upon request. Existing law requires the poster to be available at each office of the department and requires each employer to post the poster in a prominent and accessible location in the workplace, as prescribed. This bill would require the department, on or before July 1, 2027, to update the poster to notify people of their rights and protections in regard to perimenopause, menopause, postmenopause, or related medical conditions. (3) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last.
(1) Under existing law, a person is prohibited from using or operating, on or near specified lands during a time of the year when burning permits are required, a motor engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate without complying with specified requirements, including the requirement to maintain one serviceable round point shovel and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Existing law prohibits a person, except a member of an emergency crew or except the driver or owner of a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, as provided, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in an industrial operation located on specified land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in a fire toolbox in specified amounts, manners, and locations. Under existing law, a violation of these provisions is a crime. This bill would revise and recast those provisions by, among other things, instead requiring a person to maintain at least one backpack pump-type fire extinguisher fully equipped and ready for use, and a sufficient number of serviceable round point shovels so that each person at the operation can be equipped to fight fire, within the operating area, at a point accessible in the event of fire. The bill would require these fire tools to be no farther than 25 feet from the motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices, with unrestricted access for the operator. The bill would provide that these requirements do not apply to a person operating a motorized vehicle to work on, clear, or grade any land in or near specified lands during any time of the year when burning permits are required, and would instead require the person to have in or affixed to the motor vehicle and ready for immediate use one serviceable round point shovel and one fully equipped fire extinguisher. The bill would eliminate the above-described exception from these provisions for a member of an emergency crew and the driver and owner a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility. For these purposes the bill would define a person to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would, for purposes of the above-described requirement to maintain at least one backpack pump-type fire extinguisher and a sufficient number of serviceable round point shovels, require the State Board of Forestry and Fire Protection (board) to define the terms "operating area" and "point accessible in the event of a fire," and to develop requirements for the provision of suitable firefighting tools, as applied to rangeland operations on rangeland conducted by a rangeland operator, as provided. This bill would, as applied to timber operations on timberland conducted by a timber operator, require the board to adopt emergency regulations pursuant to the Administrative Procedure Act that (A) define the terms "operating area" and "point accessible in the event of a fire," (B) define the necessary number and types of tools needed in the fire toolbox, and (C) develop requirements for clearing areas around the operation and for the provision of suitable firefighting tools, as provided. (2) Existing law prohibits a person from using or operating on specified lands an internal combustion engine and a handheld portable, multiposition, internal combustion engine, as provided. Existing law prohibits a person from selling, offering for sale, leasing, or renting to a person an internal combustion engine unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is violation of law to use or operate the engine on specified types of land unless the engine is equipped with a spark arrester or the engine is constructed, equipped, and maintained for the prevention of fire, as provided. A violation of these provisions is a crime. Existing law also prohibits a person from selling, offering for sale, leasing, or renting any equipment powered by an internal combustion engine unless it has a permanent warning label attached that is in plain view to the operator that includes a specified warning. A violation of this provision is an infraction punishable by a fine of not more $100. This bill would, for purposes of the above-described provisions, define "person" to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated program. (3) Existing law prohibits a person, during any time of the year when burning permits are required, as provided, from using, operating, or causing to be operated in the area a portable saw, augur, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near specified land within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes, one serviceable round point shovel or one serviceable fire extinguisher, as specified. Under existing law, a violation of these provisions is a crime. This bill would define a person for these purposes to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program. (4) Existing law prohibits, during any time of the year when burning permits are required in specified areas, as provided, a person, copartnership, firm, corporation, or company from using or operating in the area a steam-operated engine, machine equipment, mill, or industrial plant, located on specified lands, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose, as provided. Under existing law, a violation of this provision is a crime. This bill would instead apply the above-described prohibitions to a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, the bill would impose a state-mandated local program. (5) 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 no reimbursement is required by this act for a specified reason. (6) This bill would incorporate additional changes to Section 4442 of the Public Resources Code proposed by SB 1167 to be operative only if this bill and SB 1167 are enacted and this bill is enacted last.
Existing law allows an individual taxpayer to contribute amounts in excess of their personal income tax liability for the support of specified funds and accounts, including, among others, to the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund. This bill would allow, for taxable years beginning on or after January 1, 2026, and before January 1, 2033, an individual to designate on their tax return that a specified amount in excess of their tax liability be transferred to the continuously appropriated Black Cultural District Voluntary Tax Contribution Fund (fund) , which would be created by this bill. The bill would allocate moneys in the fund to, among other entities, the Arts Council for allocation for the construction and maintenance of the Black Cultural District designated in south City of Los Angeles. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund. By establishing a new continuously appropriated fund, the bill would make an appropriation. This bill would provide that these provisions would remain in effect only until January 1, 2034, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received by September 1, 2028, and later calendar years will not at least equal the minimum contribution amount, in which case these provisions would be repealed on January 1 of the following year.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires the state board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40% below 2013 levels by 2030, and requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. The state board has implemented regulations pursuant to the act for the purpose of reducing methane emissions from municipal solid waste landfills. This bill would require the state board to post on its internet website temperature and monitoring data received by the state board regarding methane emissions from landfills.
Existing law establishes procedures for a judge to disqualify themselves from a case. Under existing law, if a judge who should disqualify themselves refuses or fails to do so, a party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting grounds for disqualification of the judge. Existing law requires copies of the statement to be served on each party and personally served on the judge alleged to be disqualified or on their clerk, provided that the judge is present in the courthouse or in chambers. This bill would require the statement to be served during regular business hours on the judge alleged to be disqualified at the courthouse in which the judge is sitting. The bill would, in addition to the clerk, permit service of the statement on the designee of the clerk of the court, provided that the judge is present in the courthouse or in chambers.
Existing law, the Contractors State License Law, provides for the licensure and regulation of contractors by the Contractors State License Board. Existing law prohibits contractors from performing specified acts. Existing law requires the Department of Resources Recycling and Recovery or another state agency tasked to manage contracts for wildfire debris cleanup and removal by the Office of Emergency Services to prequalify contractors to enter into contracts to perform prescribed wildfire debris cleanup and removal work in communities impacted by wildfires. Notwithstanding the prequalification requirement, this bill would prohibit a contractor from engaging in debris removal that includes hazardous materials on residential or commercial property that is damaged or destroyed by a natural disaster for which an emergency or major disaster is declared, unless the contractor has one of the specified licenses or classifications, as provided. The bill would require any licensee authorized to perform debris removal that includes hazardous materials under these provisions to have passed an approved hazardous substance certification examination and comply with hazardous waste operation and emergency response requirements, as specified.
Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to adopt a process for each load-serving entity to file an integrated resource plan, and a schedule for periodic updates to the plan, as provided. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) and the Independent System Operator (ISO) , to determine if there is a need for the procurement of eligible energy resources based on a review of the integrated resource plans. This bill would require the PUC, when requiring procurement of resources under an integrated resource plan, to account for the ability of energy-only resources to achieve required clean energy deployment rates, to charge storage resources during off-peak periods, and to increase resource diversity, and would require the PUC to enable energy-only resources to satisfy procurement requirements to the maximum extent feasible. Existing law requires the PUC, in consultation with the Energy Commission, to provide transmission-focused guidance to the ISO about resource portfolios of expected future renewable energy resources and zero-carbon resources, as specified, to allow the ISO to identify and approve transmission facilities needed to interconnect resources and reliably serve the needs of load centers. This bill would require the PUC and the Energy Commission to identify cost-effective opportunities to enable planned or operating energy-only resources to obtain deliverability through transmission capacity expansions, and to request the ISO to reserve associated deliverability for geothermal and wind. The bill would require the commission to designate energy-only resources as long lead-time resources for purposes of the ISO's scoring in its interconnection process, as specified. This bill would incorporate additional changes to Section 454.52 of the Public Utilities Code proposed by AB 2476 to be operative only if this bill and AB 2476 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 454.57 of the Public Utilities Code proposed by AB 2111 to be operative only if this bill and AB 2111 are enacted and this bill is enacted last.
Existing law generally provides for the regulation of law enforcement agencies and requires specified law enforcement agencies to maintain policies on, among other things, use of force, hate crimes, and gun violence restraining orders. Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with certain conditions. This bill would make it unlawful for a law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual under law enforcement control, but who is not in the custody of, or detained by, the Department of Corrections and Rehabilitation, if it is safe and reasonable to provide access to treatment and a medical professional has been requested or is present and is willing to render care to the individual. If access to medical evaluation or treatment is denied or delayed when a medical professional is present and is willing to assist, the bill would require law enforcement to document the basis of the denial within 72 hours of the incident, as specified. The bill would authorize administrative discipline, including suspension or termination, against a law enforcement officer who violates those provisions. By creating a new crime and by increasing the duties on local law enforcement relating to reporting, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law makes it unlawful to dump waste matter in certain locations, such as upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property, as specified. Existing law also makes it unlawful to place, deposit, or dump rocks, concrete, asphalt, or dirt in certain locations, as specified. A person violating these provisions is guilty of an infraction, as specified. Existing law makes a violation of these provisions in commercial quantities, as defined, a misdemeanor punishable by imprisonment in a county jail and by a fine, as specified. Under existing law, a private owner is not restricted in the use of their own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health or fire department or the Department of Forestry and Fire Protection. This bill would make it a crime to transport waste matter, rocks, concrete, asphalt, dirt, or other construction debris for the purpose of placing, depositing, or dumping it in the locations described above. The bill would increase the maximum fine to $5000 for violating these provisions a 4th or subsequent time. The bill would also make it unlawful to transport for the purpose of placing, depositing, or dumping waste matter, rocks, concrete, asphalt, dirt or other construction debris in commercial quantities, as defined, in the locations described above. The bill would specify that the fact that a person is operating a vehicle with actual or apparent rocks, concrete, asphalt, dirt, or other construction debris in their vehicle does not in itself constitute reasonable suspicion to stop or detain the person, or probable cause to arrest the person. For a person who violates these provisions in commercial quantities in excess of 25 cubic yards, the bill would make that violation a misdemeanor punishable in a county jail for not more than one year and by a fine, as specified. For commercial quantities in excess of 50 cubic yards, the bill would make a violation punishable as a misdemeanor or a felony, as specified. By expanding the application of a crime and creating new crimes, this bill would impose a state-mandated local program. The bill would specify that a private owner or a person with the owner's permission is prohibited from placing, depositing, dumping, or transporting waste matter, rocks, concrete, asphalt, dirt, or construction debris on their property if the activity requires a permit or license from a state or local agency and one was not obtained, or creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by specified entities. The bill would prohibit a person from being charged with dumping commercial quantities under these provisions if it was completed during the course of the person's employment and at the direction of their employer, as specified. 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 no reimbursement is required by this act for a specified reason.
