California Bills

(1) Existing law requires the classification of goods and services to conform to the classifications adopted by the United States Patent and Trademark Office. This bill would, notwithstanding that provision, for purposes of those marks for which a certificate of registration is issued on or after January 1, 2017, authorize the use of specified marks related to medical cannabis goods and services that are lawfully in commerce in the state. (2) Existing law, the Medical Cannabis Regulation and Safety Act, establishes the licensing and regulation of medical cannabis by the Bureau of Medical Cannabis Regulation. The act requires the Department of Food and Agriculture, in consultation with the bureau, to adopt a track and trace program for reporting the movement of medical cannabis items throughout the distribution chain, as specified. The act defines various terms for these purposes. This bill would change certain definitions and make the bureau, commencing January 1, 2023, subject to review by the appropriate policy committees of the Legislature. The bill would require the State Board of Equalization, in conjunction with the Department of Business Oversight, to form an advisory group made up of representatives from financial institutions, nonbank financial service providers, the medical cannabis industry, law enforcement, and state and federal banking regulators to examine strategies such as integrated point-of-sale systems with state track and trace systems and other measures that will improve financial monitoring of medical cannabis businesses. The bill would require the board, in conjunction with the department, by July 1, 2017, to submit a report to the Legislature with recommendations that will improve financial monitoring of medical cannabis businesses. (3) Under the act, a city, county, or city and county is authorized to adopt an ordinance that establishes standards, requirements, and regulations for local licenses and permits for commercial marijuana activity that exceed statewide standards. The act, with certain exceptions, provides a city full power and authority to enforce the provisions of the act for facilities issued a state license that are located within the incorporated area of a city, if delegated by the state. The bill would generally prohibit a city, county, or city and county from adopting an ordinance for packaging safety standards that exceeds statewide standards and would require the State Department of Public Health to establish uniform statewide packaging safety standards. The bill would authorize a city to contract in writing with the county in which it is located to arrange for the county to fulfill any regulatory functions relating to licensees within the city limits if the county agrees to assume such responsibility. (4) Existing law requires a cultivator, manufacturer, and all licensees holding a producing dispensary license in addition to a cultivator or manufacturing license to send all medical cannabis and medical cannabis products cultivated or manufactured to a distributor for presale quality assurance and inspection by a distributor and for batch testing by a testing laboratory prior to distribution to a dispensary. This bill would require the Bureau of Medical Cannabis Regulation to specify the manner in which medical cannabis and medical cannabis products meant for wholesale purposes are required to be packaged and sealed prior to transport, testing, quality assurance, quality control testing, or distribution. The bill would authorize the bureau to establish advertising, marketing, signage, and other labeling requirements and restrictions, as specified, and to place conditions on a license restricting advertising, marketing, and other promotion by the licensee. The bill would require, one year after the bureau posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, that all advertisements for licensees include the valid state license number of the licensee. The bill would prohibit a licensee from displaying an advertisement that shows the consumption of medical cannabis while driving or operating machinery. (5) The act generally establishes categories of licenses that may be issued and limits a licensee to holding a state license in up to 2 separate license categories, except as specified. The act provides that, upon licensure, a business shall not be subject to that limitation in a jurisdiction that adopted a local ordinance, prior to July 1, 2015, allowing or requiring qualified businesses to cultivate, manufacture, and dispense medical marijuana or medical marijuana products, with all commercial marijuana activity being conducted by a single qualified business. The act repeals these provisions on January 1, 2026. This bill would instead make the above provision regarding the exemption in a jurisdiction that adopted a local ordinance inoperative on January 1, 2026. (6) The act specifically establishes a "dispensary license," to be issued by the bureau, and requires a licensed dispensary to implement sufficient security measures, to both deter and prevent unauthorized entrance into areas containing medical cannabis or medical cannabis products and theft of medical cannabis or medical cannabis products at the dispensary, including, but not limited to, establishing limited access areas accessible only to authorized dispensary personnel. This bill would require dispensaries to implement the additional security measure of requiring all medical cannabis and medical cannabis products used for display purposes, samples, or immediate sale to be stored out of reach of any individual who is not employed by the dispensary. (7) The act requires the State Department of Public Health to promulgate regulations governing the licensing of manufacturers. This bill would require the department to establish minimum security requirements for the storage of medical cannabis products at the manufacturing site. (8) The act prohibits a licensed testing laboratory from acquiring or receiving medical cannabis products except from a licensee and prohibits a licensed testing laboratory from distributing, delivering, transferring, transporting, or dispensing medical cannabis or medical cannabis products, as specified. This bill would prohibit a licensed testing laboratory from transferring or transporting medical cannabis or medical cannabis products from the licensed premises from which the medical cannabis or medical cannabis products were acquired or received. (9) Under the act, each licensing authority is required to establish a scale of application, licensing, and renewal fees based on the cost of enforcing the act. This bill would specify that these fees shall be in addition to, and shall not limit, any fees or taxes imposed by any city, county, or city and county in which the licensee operates. (10) Existing law authorizes the University of California to create the California Marijuana Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana, and if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. This bill would provide that it is not a violation of state law or any local ordinance or regulation for a business, with a valid business licenses, or research institution that has state authorization to engage in the research of medical cannabis, medical cannabis products, or devices used for the medical use of cannabis or cannabis products, to possess, transport, purchase, or otherwise legally obtain, as specified, small amounts of medical cannabis or medical cannabis products to conduct research and development related to medical cannabis or medical cannabis products. The bill would require a business or research institution engaged in the research of medical cannabis to obtain written authorization from its local jurisdiction that it has met all requirements of the local ordinance to conduct research on medical cannabis, medical cannabis products, or devices used for the medical use of cannabis or cannabis products. The bill would provide that it is not a violation of state law for a licensee to sell medical cannabis or medical cannabis products in an amount not to exceed 8 ounces per month to a business or research institution engaged in the research of medical cannabis if the business or research institution provides to the licensee a copy of the written authorization to conduct research within its jurisdiction and a copy of the local ordinance, zoning variance, conditional use permit, or other authorization, and would require the licensee to keep on file that written authorization for at least 3 years and make it available upon request to local authorities for auditing purposes. The bill would require all medical cannabis or medical cannabis products subject to these provisions to be obtained from a licensee permitted to dispense or deliver the medical cannabis or medical cannabis product. (11) The California Seed Law regulates seed sold in California, and prohibits a city, county, or district from adopting or enforcing an ordinance that regulates plants, crops, or seeds without the consent of the Secretary of Food and Agriculture. This bill would provide that an ordinance that regulates cannabis or marijuana, or medical cannabis or medical marijuana, as defined, shall not require the consent of the secretary. (12) Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the state collectively or cooperatively in order to cultivate cannabis for medical purposes are not, solely on that basis, subject to certain criminal penalties, including unauthorized possession, cultivation, and transportation of marijuana. This exception expires one year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the bureau has commenced issuing licenses pursuant to the act and existing law is repealed on the date the bureau issues a license. This bill would specify that a collective or cooperative subject to this exception may operate on a for-profit basis, a not-for-profit basis, or any combination thereof, but would provide the protections of the exception to for-profit collectives and cooperatives only if they have a valid Board of Equalization seller's permit and a valid local license, permit, or other authorization. The bill would additionally provide that a collective or cooperative that cultivates cannabis and manufactures medical cannabis products is not, solely on that basis, subject to certain criminal penalties if specified requirements are met, including that the collective or cooperative is in possession of a valid seller's permit issued by the State Board of Equalization. The bill would provide that it is unlawful to display an advertisement, as defined, for qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the state in order collectively or cooperatively to cultivate cannabis for medical purposes, without first verifying a valid Board of Equalization issued seller's permit. The bill would make a violation of that provision an infraction, punishable by a fine of $500 for the first offense and $1,000 for each subsequent offense. By creating a new crime, the bill would impose a state-mandated local program. (13) Existing law provides that a qualified patient or a person with an identification card, a designated primary caregiver, and any individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, are not, solely on that basis, subject to certain criminal penalties, including unauthorized possession, cultivation, and transportation of marijuana. Existing law specifies that this provision does not authorize any individual or group to cultivate or distribute marijuana. This bill would instead specify that this provision does not authorize any individual or group to cultivate or distribute cannabis in any manner other than set forth in the Medical Cannabis Regulation and Safety Act or in the Compassionate Use Act of 1996. (14) 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 Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, regulates the licensure of hearing aid dispensers and dispensing audiologists by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. The act makes it unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless he or she first, among other duties, provides the purchaser with specified information. Existing law requires a licensed dispensing audiologist to, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, containing specified information. Existing law makes the violation of these provisions a misdemeanor. This bill would, on and after July 1, 2017, require a licensed hearing aid dispenser to, upon the sale of a hearing aid, provide the purchaser with a copy of a consumer hearing aid disclosure that this bill would require the board to develop and make available on its Internet Web site before July 1, 2017. The bill would require a licensed dispensing audiologist to do the same. By creating new requirements, the violation of which would be a crime, 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 no reimbursement is required by this act for a specified reason.

Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation of state insurance, personal income, and corporation tax credit amounts among qualified low-income housing projects in modified conformity to federal law that have been allocated, or qualify for, a federal low-income housing tax credit, and for farmworker housing. Existing law limits the total annual amount of the state low-income housing credit for which a federal low-income housing credit is required to the sum of $70,000,000, as increased by any percentage increase in the Consumer Price Index for the preceding calendar year, any unused credit for the preceding calendar years, and the amount of housing credit ceiling returned in the calendar year. Existing law additionally allows a state credit, which is not dependent on receiving a federal low-income housing credit, of $500,000 per calendar year for projects to provide farmworker housing. Existing law defines "farmworker housing" to mean housing for agricultural workers that is available to, and occupied by, only farmworkers and their households. This bill, under the insurance taxation law, the Personal Income Tax Law, and the Corporation Tax Law, would modify the definition of applicable percentage relating to qualified low-income buildings that are farmworker housing projects, as provided. The bill would authorize the California Tax Credit Allocation Committee to allocate the farmworker housing credit even if the taxpayer receives federal credits for buildings located in designated difficult development areas or qualified census tracts. The bill would also redefine farmworker housing to mean housing in which at least 50% of the units are available to, and occupied by, farmworkers and their households. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.

Existing law establishes the Labor and Workforce Development Agency and provides that the agency consists of, among other entities, the California Workforce Investment Board, the Employment Development Department, and the Employment Training Panel. Existing law establishes within state government a Department of Veterans Affairs and a Department of Food and Agriculture. Existing law provides for a variety of state benefits to veterans, including those relating to educational assistance and farm and home purchases, as specified. This bill would require state departments, including, but not limited to, the Department of Food and Agriculture, the Labor and Workforce Development Agency, and the Department of Veterans Affairs, to develop, by July 1, 2017, a New Veteran Farmer and Rancher Outreach and Assistance Plan to disseminate information to veterans in California about, among other things, federal and state veteran agricultural education, training, and other assistance programs, as provided. The bill would authorize other public or private sector resources to be included in that dissemination. The bill would also make findings and declarations in this regard.

The Personal Income Tax Law provides for various exclusions from gross income, including a reward from a crime hotline. This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, also would exclude from gross income the value of any medal given by the International Olympic Committee or the International Paralympic Committee, and any prize money or honoraria received from the United States Olympic Committee, on account of either the Olympic Games or the Paralympic Games. This bill would take effect immediately as a tax levy.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The Natural Gas Pipeline Safety Act of 2011, within the Public Utilities Act, designates the commission as the state authority responsible for regulating and enforcing federal law with respect to intrastate gas pipeline transportation and pipeline facilities. Existing law requires the Office of Environmental Health Hazard Assessment to evaluate the environmental and health risks posed by various substances. This bill, if sufficient moneys are recovered by the commission and appropriated for the purpose of these provisions, would require the commission to authorize a study by the Office of Environmental Health Hazard Assessment of the long-term health impacts of the significant natural gas leak from the Aliso Canyon natural gas storage facility located in the County of Los Angeles that started approximately October 23, 2015, as specified. The bill would require the commission to publish and transmit the report by the Office of Environmental Health Hazard Assessment and its ongoing findings to the appropriate policy committees of the Legislature on a biennial basis, on or before January 1 of every even-numbered year, from 2018 until 2028. The bill would require the commission, consistent with its authority to bring enforcement actions, to order Southern California Gas Company to pay for the study. The bill would repeal these provisions on January 1, 2029.

Existing law establishes the Capital Access Loan Program to assist small businesses in financing the costs of complying with environmental mandates and the remediation of contamination on their properties, as specified. Existing law establishes within the program the California Americans with Disabilities Act Small Business Capital Access Loan Program (ADA program) to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities to comply with the federal Americans with Disabilities Act. Existing law, for the purposes of the ADA program, defines a small business as a business that has less than $1,000,000 in total gross annual income and meets other requirements and requires moneys in the ADA program fund, which is continuously appropriated, to be used for contributions in support of qualified loans, costs to educate the small business community and participating lenders about the program, and administrative expenditures, as specified. Existing law also establishes within the Capital Access Loan Program the California Seismic Safety Capital Access Loan Program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses by covering losses on qualified loans for those purposes. Under existing law, the California Pollution Control Financing Authority administers all of these programs and is authorized to establish small business assistance funds for certain purposes, including, among others, funding the programs. This bill would expand the definition of small business for the purposes of the ADA program to include businesses with less than $5,000,000 in total gross annual income. The bill would authorize moneys in the ADA program fund to be used for payments to participating financial institutions or borrowers to provide incentives to participate in the ADA program, as specified, would require the authority to adopt related regulations, and would authorize small business assistance funds to include contributions and nonreimbursable payments made directly to borrowers or participating financial institutions in furtherance of the ADA program, the Capital Access Loan Program, or other programs administered by the authority as part of the Capital Access Loan Program. By expanding the authorized uses of moneys in a continuously appropriated fund, the bill would make an appropriation. Existing law, for the purposes of the California Seismic Safety Capital Access Loan Program, requires the authority to adopt regulations that limit the term of loss coverage for each qualified loan to no more than 10 years and that provide for recapture from the loss reserve account of the authority's contribution for each enrolled loan upon maturation or after 10 years from the date of enrollment, whichever happens first. This bill would shorten the 10-year period for loss coverage and recapture to 5 years. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law authorizes a judicial officer to impose reasonable money sanctions, not to exceed $1,500, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. For purposes of this provision, the term "person" includes a witness, a party, or a party's attorney. Existing law requires that certain fees and fines collected by superior courts, including the money sanctions described above, be deposited into a bank account established by the Administrative Office of the Courts for distribution, as specified, with the balance transmitted to the State Treasury for deposit in the Trial Court Trust Fund and other funds as required by law. This bill would require the Judicial Council to solicit courts for participation in a pilot project in which judicial officers of participating counties would be authorized by the bill to impose reasonable monetary sanctions, not to exceed $1,500, on an impaneled juror for any knowing violation of a lawful court order, done without good cause or substantial justification, that is supported by clear and convincing evidence. The bill would require that these monetary sanctions be deposited into a bank account for distribution, as described above, with the balance deposited into the Trial Court Trust Fund and other funds. The bill would require the Judicial Council to conduct an evaluation of the pilot project and report the results to the Governor and the Legislature on or before January 1, 2021. The bill would repeal these provisions on January 1, 2022.

(1) Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. This bill would require a local educational agency to also provide translation services for a pupil's parent, guardian, or educational rights holder, as specified. The bill would require the local educational agency, if requested by a pupil's parent, guardian, or educational rights holder, to provide the parent, guardian, or educational rights holder with a translated copy of the individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting within 60 days of that meeting in the parent's, guardian's, or educational rights holder's primary language. The bill would require the documents to be translated by a qualified translator, as defined, who is proficient in both the English language and the non-English language to be used. The bill would require the State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) 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 these statutory provisions.

Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. A violation of those provisions is a crime. Existing law provides for the licensure and regulation of health insurers by the Department of Insurance. Existing law requires every health care service plan contract and health insurance policy to provide coverage for behavioral health treatment for pervasive developmental disorder or autism until January 1, 2017, and defines "behavioral health treatment" to mean specified services provided by, among others, a qualified autism service professional supervised and employed by a qualified autism service provider. Existing law defines a "qualified autism service professional" to mean a person who, among other requirements, is a behavior service provider approved as a vendor by a California regional center to provide services as an associate behavior analyst, behavior analyst, behavior management assistant, behavior management consultant, or behavior management program pursuant to specified regulations adopted under the Lanterman Developmental Disabilities Services Act. Existing law requires a treatment plan to be reviewed no less than once every 6 months. Under existing law, the above provisions do not apply to certain types of health care coverage, including health care service plans and health insurance policies in the Medi-Cal program. This bill would, among other things, modify requirements to be a qualified autism service professional to include providing behavioral health treatment, which may include clinical management and case supervision under the direction and supervision of a qualified autism service provider. The bill would require that, unless a treatment plan is modified by a qualified autism service provider, utilization review be conducted no more than once every 6 months. The bill would also provide that coverage for behavioral health treatment for pervasive developmental disorder or autism would be dependent on medical necessity, subject to utilization review, and required to be in compliance with federal mental health parity requirements. The bill would extend the operation of these provisions to January 1, 2022. The bill would require behavioral health treatment for purposes of the Medi-Cal program to expressly comply with the approved Medicaid state plan. The bill also would make clarifying and conforming changes. By extending the operation of these provisions, the violation of which 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 establishes a statewide system of courts with a superior court of one or more judges in each county. Existing law authorizes the Judicial Council to prescribe the methods, means, and standards for electronic collection of data related to court administration, practice, and procedure. This bill would require the Judicial Council to report to the Legislature on a study of veterans and veterans treatment courts that includes a statewide assessment, as specified, of veterans treatment courts currently in operation and a survey of counties that do not operate veterans treatment courts that identifies barriers to program implementation and assesses the need for veterans treatment courts in those counties, if funds are received for that purpose. The bill would require the Judicial Council to report to the Legislature on the results of the study, as specified, on or before June 1, 2019. The bill would create the Veterans Court Assessment Fund in the State Treasury, administered by the Judicial Council, and would authorize the fund to accept private donations, as specified. The bill would appropriate specified sums from the Veterans Court Assessment Fund and from the General Fund for the purpose of conducting the study and report.