Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management and requires the department, in cooperation with the Secretary of the Natural Resources Agency, to implement provisions relating to noxious weed management. Existing law prohibits a person from selling, distributing, or transporting into, or within, a weed-free area any seed of a noxious weed that the secretary has declared the area to be practically free from. This bill would prohibit an online marketplace, as defined, from facilitating the sale or shipment of a noxious weed for delivery to an address located in the state. The bill would authorize the Secretary of Food and Agriculture, if the secretary or a county agricultural commissioner identifies a shipment of a noxious weed and the secretary determines that the shipment originated from or occurred through a transaction conducted through an online marketplace in violation of this prohibition, to provide written notice, including specified information, to the online marketplace that it may be subject to an administrative penalty for violating this prohibition. The bill would authorize the secretary to levy a specified administrative penalty against an online marketplace for violating this prohibition if both the online marketplace received that written notice and, after any written notice, the secretary or a county agricultural commissioner identifies a shipment of a noxious weed and the secretary determines that the shipment originated from or occurred through a transaction conducted through an online marketplace in violation of this prohibition, unless the marketplace demonstrates to the secretary that it has implemented and maintains reasonable controls, as defined. The bill would also authorize the secretary to levy a separate administrative penalty against an online marketplace to recover all reasonable costs associated with remediating any damage caused by a violation of this prohibition in an amount equal to those reasonable costs. The bill would provide that review of the secretary's decision to impose an administrative penalty pursuant to these provisions may be sought by the online marketplace within 30 days of the date of the decision, as specified. The bill would require all moneys collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund to, upon appropriation by the Legislature, cover costs related to the enforcement of provisions relating to plant quarantine and pest control. The bill would prohibit an online marketplace subject to an administrative penalty pursuant to these provisions from being subject to other fines or penalties for a violation of this prohibition. The bill would make its provisions operative on April 1, 2027.
Existing law authorizes a person that owns or controls brush-covered land, forest lands, woodland, grassland, and shrubland within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement for prescribed burning with a person to conduct the prescribed burning operations for certain purposes. Existing law requires the department to develop a training program for prescribed fire users to certify professionals as burn bosses. Existing law requires the department to conduct an experimental program of wildland resources management through prescribed burning and other methods in 2 areas of wildlands. This bill would require the department, on an annual basis, to allocate not less than 10% of funding appropriated to the department for local assistance and other grant programs where prescribed or beneficial fire is an eligible activity, consistent with the term of the appropriation, to expand training, organizational capacity, and support for community-led beneficial fire programs, including, but not limited to, those developed by California Native American tribes, nongovernmental organizations, universities and colleges, resources conservation districts, volunteer fire districts, and other local or special districts, as provided. The bill would require at least 25% of that allocation be awarded to California Native American tribes or tribally led or indigenous-led organizations, except as specified.
Existing law establishes various boards, including advisory boards, commissions, examining committees, committees, or other similarly constituted bodies, within the Department of Consumer Affairs for the licensure and regulation of various professions and vocations. Existing law prohibits a public member of a board from being a current or past licensee of that board or a close family member of a licensee of that board. This bill would define "close family member" for purposes of that provision to include a parent or a child. The bill would require each board within the department to adopt regulations consistent with these provisions that provide guidance on how to determine whether the existence of a relationship other than a parent-child relationship prohibits an individual from serving as a public member of a board.
Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts certain land uses, including the installation or use of a solar energy system or construction or use of an accessory dwelling unit or junior accessory dwelling unit on certain lots. Existing law authorizes a person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant, as specified, to record a restrictive covenant modification document. Before recording the document, existing law requires the county recorder to submit the modification document and the original document to the county counsel, who is required to determine whether the original document contains an unlawful restriction. This bill would make void and unenforceable against an interested party any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket, as defined, if a grocery store or supermarket either previously operated on the property and has ceased operations or is no longer in actual operation within a commercial project or shopping center and an approved restrictive covenant modification document has been recorded in the public record. The bill would entitle an interested party, as defined, to establish that an existing restrictive covenant is unenforceable by submitting a restrictive covenant modification document to the county recorder, in accordance with certain procedures, to allow the grocery store or supermarket development to proceed. The bill would prohibit a person or entity, beginning on January 1, 2027, from creating or recording any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket if a grocery store or supermarket either previously operated on the property and has ceased operations or is no longer in actual operation within a commercial project or shopping center, except as prescribed. By imposing additional duties on county officials, this bill would impose a state-mandated local program. The bill would include findings and declarations relating to these provisions. 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.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or health insurance policy to provide coverage for behavioral health treatment for pervasive developmental disorder or autism. Existing law requires this treatment to be provided under a prescribed treatment plan that is reviewed no less than every 6 months by the qualified autism service provider. This bill would prohibit a health care service plan or health insurer from imposing restrictions on the utilization of authorized treatment hours within the treatment plan's 6-month authorization period. The bill would require authorized hours to remain available for use throughout the authorization period if the use of the hours is consistent with the treatment plan and clinical guidelines, and is documented in the treatment plan and progress reports. Because a willful violation of these provisions by a health care service plan would be a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires the State Air Resources Board, by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. Existing law requires those regulations to apply to engines produced on or after January 1, 2024, or as soon as the state board determines is feasible, whichever is later, and requires the state board to identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding, as specified. This bill would require, to the extent that funding is appropriated by the Legislature, each large and medium air pollution control and air quality management district, no later than January 1, 2028, to implement and maintain a commercial voucher program to support the transition to zero-emission small off-road equipment consistent with specified requirements. By requiring districts to establish a new program, the bill would impose a state-mandated local program. The bill would also require a small rural district or local government that chooses to adopt such a program to comply with specified requirements in administering the program. This bill would prohibit the punishment of a violation of an ordinance adopted by a local government governing the use of any small off-road engine landscaping equipment as an infraction or misdemeanor, and would provide that the ordinance is only punishable by an administrative fine imposed in accordance with specified requirements. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities under the jurisdiction of the Department of Cannabis Control, including retail commercial cannabis activity. MAUCRSA places specified requirements on the packing and labeling of cannabis and cannabis products, including requiring all cannabis and cannabis product labels and inserts to include certain information prominently displayed in a clear and legible fashion, as specified, including a warning if nuts or other known allergens are used. This bill would require all cannabis and cannabis product labels and inserts for an edible cannabis product or a cannabis beverage to also include the toll-free number for the national Poison Help line. Commencing July 1, 2027, the bill would require the label for a cannabis beverage containing more than one serving to clearly and conspicuously, in print, provide notice to the consumer, as specified. MAUCRSA requires edible cannabis products to be produced and sold with a standardized concentration of cannabinoids not to exceed 10 milligrams tetrahydrocannabinol (THC) per serving. MAUCRSA requires edible cannabis to be delineated or scored into standardized serving sizes if the cannabis product contains more than one serving and is an edible cannabis product in solid form. Commencing July 1, 2027, this bill would require, if the cannabis product is a cannabis beverage containing more than one serving and the container is transparent, the container to feature unobstructed and conspicuous lines delineating individual serving or portion sizes, except as specified. If the cannabis product is a cannabis beverage containing more than one serving, the bill would require the retailer to offer a consumer at the time of purchase and at no additional charge, a measuring instrument or measuring device, as specified. MAUCRSA prohibits a person engaged in commercial cannabis activity, whether licensed or unlicensed, from, among other things, advertising or marketing cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products. This bill, commencing July 1, 2027, would additionally prohibit a person engaged in commercial cannabis activity, whether licensed or unlicensed, from advertising or marketing cannabis beverages containing multiple servings as single-serve products or otherwise encouraging consumption of multiple servings within a cannabis beverage at one time. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA.
Existing law provides a district attorney with the discretion to file criminal charges against an individual. Existing law requires a preliminary examination to be conducted, as specified, before an information is filed. Upon completion of a preliminary hearing, existing law requires the district attorney to file an information against the defendant charging the defendant with either the offense or offenses named in the order of commitment or any offense or offenses shown by the evidence taken before the magistrate to have been committed. Under existing law, when an action is dismissed by a magistrate, as specified, the prosecutor may make a motion in the superior court within 15 days to compel the magistrate to reinstate the complaint or a portion of the complaint and to reinstate the custodial status of the defendant under the same terms and conditions as when the defendant last appeared before the magistrate. Under existing law, the defendant may make a motion to set aside the indictment or information based claim that defendant had been committed without reasonable or probable cause and specifies the procedures for that motion. Existing law requires a writ of prohibition based on the ground that a defendant was committed based on an information without reasonable or probable cause to be filed in the appellate court within 15 days after a motion to set aside an indictment or information has been denied by the court. This bill, the Respect Judicial Decisions Act, would, on or after January 1, 2027, in cases where a defendant was held to answer for at least one felony count at the preliminary hearing, require the district attorney to file a motion seeking leave to charge an offense or offenses that were dismissed at the preliminary examination due to the lack of reasonable or probable cause before the district attorney can file an information reinstating the charge or charges, as specified. The bill would require a writ of prohibition based on the ground that the defendant was committed based on an information without reasonable or probable cause to be filed in the appellate court within 15 days of a court granting the above-described motion to reinstate an offense or offenses. The bill would authorize review of the granting of a motion to reinstate a charge only if a motion for review is brought no later than 60 days following the defendant's arraignment on the information or indictment of a felony, except as specified. By placing new duties on prosecutors, 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 that reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California, and interference with these rights, whether or not under the color of law, is against the public policy of California. Existing law defines "gender-affirming health care services" to mean medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient, as specified. Existing law provides for various protective measures for persons engaging in legally protected health care activity, including prohibiting a provider of health care, health care service plan, health insurer, or contractor from releasing medical information related to, among other things, an individual seeking or obtaining gender-affirming health care or gender-affirming mental health care, and prohibiting a state or local public agency, or any employee thereof acting in their official capacity, from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity that is lawful in this state and performed in this state. Existing law defines "legally protected health care activity" for those purposes to include, among other things, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to the health care services described above and the provision of those health care services by a person duly licensed under the laws of California. This bill would require a person or entity that is located, headquartered, incorporated, or otherwise conducting business in California and receives, is served with, or is subject to a subpoena, discovery request, or other request for information that is part of a legal process related to a civil, criminal, regulatory, or legislative investigation regarding abortion, as defined, or gender-affirming health care services that are legally protected health care activities secured by the Constitution or laws of California to provide specified notice to the Attorney General at least 7 business days prior to producing records in response to the request unless a shorter response time is required by federal law or other federal obligation, as specified. If a shorter response time is required by federal law or other federal obligation, the bill would require the responding person or entity to provide notice to the Attorney General no later than contemporaneously with producing the responsive records. The bill would exempt a person or entity from the notice requirement if the subpoena, discovery request, or other request for information meets certain requirements, including that it is accompanied by an attestation verifying that the use or disclosure of the requested information meets certain requirements, including that the requested information is related to an investigation or proceeding regarding activity that is unlawful under California civil or criminal law, and it identifies the California law under which the activity is unlawful. The bill would prohibit a person or entity receiving, served with, or subject to a subpoena, discovery request, or other request for information described above who is not subject to the above-described exemption from producing the responsive records until at least 7 business days after providing notice to the Attorney General unless a shorter response time is required by federal law or other federal obligation, as specified. If a shorter response time is required by federal law or other federal obligation, the bill would require the responding person or entity to make best efforts to deliver the responsive records on the date on which the person or entity is required to respond to the subpoena, discovery request, or other request for information. The bill would authorize the Attorney General to make reasonable attempts to notify the individual who provided, sought, received, facilitated, or otherwise engaged in the abortion or gender-affirming health care service pertaining to the subpoena, discovery request, or other request for information. The bill would entitle a person or entity subject to these provisions to rely on the representations made in an attestation described above. The bill would authorize the Attorney General to intervene in any civil action instituted by a person or entity to protect against compliance with or providing information in response to the subpoena, discovery request, or other request for information. The bill would authorize the Attorney General to commence certain actions, including a civil action against any person or entity that attaches a false attestation described above, and would make the attachment of a false attestation by a person or entity punishable by a civil penalty of $15,000, as specified. The bill would require any action brought by the Attorney General to be commenced within 6 years of the date on which the Attorney General received the notice of the subpoena, discovery request, or other request for information at issue, and would require the court to award court costs and attorney's fees to the Attorney General in any civil action in which the court imposes any penalty authorized by the bill's provisions.
Existing law, until January 1, 2030, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, invasive mussels, and authorizes the Director of Fish and Wildlife, or the director's designee, to engage in various enforcement activities with regard to invasive mussels. Existing law, until January 1, 2030, requires a public or private agency that operates a water supply system to cooperate with the Department of Fish and Wildlife to implement measures to avoid infestation by invasive mussels and to control or eradicate any infestation that occurs in a water supply system. Existing law requires any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, where specified activities are permitted, except as specified, to develop and implement a program designed to prevent the introduction of invasive mussel species, as provided. Existing law requires any entity that discovers invasive mussels within the state to immediately report the discovery to the department. This bill would prohibit a public agency from prohibiting imported water deliveries for groundwater replenishment, as defined, due to invasive mussels if the importation complies with a specified invasive mussel control plan and unless there is substantial, documented evidence of a proven health and safety risk as a result of the invasive mussels. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and charter counties.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. Existing law, the NextUp program, authorizes the office of the Chancellor of the California Community Colleges to enter into agreements with community college districts to provide, and allocate to selected community colleges within a community college district, funds for services in support of postsecondary education for foster youth. Existing law requires a student participant in the program to be a current or former foster youth whose dependency was established or continued by a court on or after the youth's 13th birthday and who is no older than 25 years of age at the commencement of the academic year in which the student first enrolls in the program. Existing law requires the California State University and each community college district, and requests the University of California, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, to grant priority in that system to, among others, foster youth and former foster youth whose dependency was established or continued by a court on or after the youth's 13th birthday and who is no older than 25 years of age at the commencement of the academic year. This bill would extend the requirement and request for priority enrollment to current or former foster youth whose dependency was established or continued by a court on or after the youth's 13th birthday and who is older than 25 years of age so long as they are enrolled in the NextUp program. Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and, subject to the Regents of the University of California's agreement by resolution, requires University of California campuses, that maintain student housing facilities, to: (1) give priority for student housing to current and former foster youth and current and former homeless youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth and current and former homeless youth for residence in housing facilities that are open for uninterrupted year-round occupation and next give priority to current and former foster youth and current and former homeless youth for housing that is open for occupation during the most days in the calendar year. This bill would require, instead of request, campuses of the California Community Colleges to give this priority for student housing to current and former foster youth and current and former homeless youth. The bill would require campuses of the California Community Colleges and campuses of the California State University, and, subject to the Regents of the University of California's agreement by resolution, require University of California campuses, that maintain student housing facilities, to, among other things: (1) include, in their student housing applications, questions designed to identify students who may be eligible for priority student housing as current and former foster youth and current and former homeless youth, (2) defer or waive the collection of housing-related costs, as defined, for those students granted this priority, and (3) post on its internet website information describing priority housing benefits and the eligibility criteria for those benefits, as specified. By adding to the duties of community colleges that maintain student housing 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.
Existing law prescribes a calculation to annually apportion funding to special education local plan areas for each pupil with low-incidence disabilities, defined to include pupils with hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof, in accordance with a per-pupil entitlement based on the number of pupils with low-incidence disabilities reported in the prior fiscal year. Existing law requires the Superintendent of Public Instruction to apportion these funds to special education local plan areas for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities. This bill would, contingent upon an appropriation for its purposes, (1) require the per-pupil entitlement to also be based on the number of pupils eligible to take specified alternative assessments and (2) require the Superintendent to apportion these funds to special education local plan areas for purposes of also providing special education and related services as required under the individualized education program for each pupil who is eligible to take those alternative assessments.
