Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments, and requires a common interest development to be managed by an association, as specified. Existing law, unless otherwise provided by the governing documents, authorizes the board of directors of the association to hire a managing agent, defined as a person who, for compensation or in expectation of compensation, exercises control over the assets of a common interest development. Existing law requires, unless the governing documents impose more stringent requirements, the board of directors of the association to review various financial documents and statements on a monthly basis. Existing law requires an association to make association records available for inspection and copying by a member of the association or the member's designated representative, as specified. This bill would require the board of directors of the association to review, on an annual basis, a statement of fees charged by the managing agent, as specified. The bill would include this statement of fees as association records. This bill would incorporate additional changes to Section 5200 of the Civil Code proposed by SB 1238 to be operative only if this bill and SB 1238 are enacted and this bill is enacted last.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes a schedule of benefits under the Medi-Cal program and provides for various services, including behavioral and mental health services that are rendered by Medi-Cal enrolled providers. Existing law authorizes a county, or an agency representing the county, to develop a peer support specialist certification program, subject to department approval. Existing law imposes specified requirements on applicants for certification as a peer support specialist, including that the applicant be at least 18 years of age and possess a high school diploma or equivalent degree. This bill would remove the requirement of possessing a high school diploma or equivalent degree from the requirements necessary for an applicant to receive certification.
Existing law, the County Employees Retirement Law of 1937, prescribes retirement benefits for members of specified county and district retirement systems. Existing law establishes the Deferred Retirement Option Program as an optional benefit program for specified safety members of those systems that, by ordinance or resolution by the county board of supervisors or the governing body, elect to adopt it. The program provides eligible members access, upon service retirement, to a lump sum or, in some cases, monthly payments in addition to a monthly retirement allowance, as specified. Existing law, the Public Employees' Retirement Law (PERL) , creates the Public Employees' Retirement System (PERS) for the purpose of providing pension benefits to state employees and employees of contracting agencies and prescribes the rights and duties of members of the system and their beneficiaries. Existing law vests management and control of PERS in its board of administration. PERS provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. This bill would establish the Deferred Retirement Option Program as a voluntary program within PERS for employees of State Bargaining Units 5 (Highway Patrol) and 8 (Firefighters) , and certain supervisory or managerial employees of the Department of the California Highway Patrol or the Department of Forestry and Fire Protection. The bill would require certain actions to occur, including completion of an actuarial analysis to determine the proposed program will be cost neutral, before the program becomes effective and applicable. The bill would require members who elect to participate in the program to meet certain requirements, including waiving any claims with respect to age and other discrimination in employment laws relative to the program. The bill would establish a program account for each participant and would require the Board of Administration of the Public Employees' Retirement System to, among other things and at least once annually, provide a statement to the participant that displays the value or balance of the participant's program account. The bill would require PERS to commence paying the member their monthly retirement allowance as of the first day of the month following the deferred retirement date. The bill would authorize the participant to designate a person or persons as beneficiaries of the participant's program account at any time during the program period from their election date to the deferred retirement calculation date. Beginning on July 1 of the fiscal year the program is implemented, and every 5 years thereafter, the bill would require the Board of Administration of the Public Employees' Retirement System to submit a report of an actuarial analysis to specified entities. The bill would entitle participants who entered the program prior to the effective date of any modifications by the Legislature to elect whether to become subject to those modified provisions or to remain subject to the program as it existed on the participant's election date. The bill would specify that the Legislature reserves the right to suspend the program through legislative action ratified by the Governor under certain circumstances. If the Legislature and the Governor approve the program's suspension, the bill would terminate all participants' benefit accrual and would prohibit any participant, eligible spouse, or beneficiary from having any vested right to any prospective program benefit, as specified. The bill would require the member's spouse, as applicable, to execute a signed statement acknowledging the spouse's understanding of, and agreement with, the member's election to participate in the program together with an express statement of the spouse's understanding and agreement that benefits payable to the spouse may be reduced as a result of participation in the program. Existing law requires the board of administration of PERS to administer the Public Employees' Medical and Hospital Care Act (PEMHCA) . PEMHCA further grants the board the power to approve health benefit plans and to contract with carriers offering health benefit plans. Under PEMHCA, an employee or annuitant may enroll in a health benefit plan approved or maintained by the board either as an individual or for self and family. Existing law defines an annuitant for purposes of receiving postretirement health benefits pursuant to PEMHCA and generally requires that a person retire within 120 days of separation from public employment, with specified exceptions. This bill would expand the definition of annuitant, thereby permitting a person, or a surviving family member of that person, as specified, whose deferred retirement date is within 120 days of separation from the Deferred Retirement Option Program and who receives a retirement allowance under any state retirement system to which the state was a contributing party to enroll in a health benefit plan under PEMHCA.
(1) Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes. This bill would prohibit, beginning January 1, 2027, a person from importing or manufacturing for sale in this state a new or refurbished disposable, battery-embedded vapor inhalation device, and, beginning January 1, 2028, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a "disposable, battery-embedded vapor inhalation device" to mean a vaporization device that contains a tobacco product, as defined, but not cannabis or a cannabis product, as defined, and that is not designed or intended to be reused, as specified. Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions. This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would make any person who violates the above-described disposable battery-embedded vapor inhalation device prohibition guilty of an infraction punishable by a fine of not more than $500. By expanding the scope of an infraction, this bill would impose a state-mandated local program. The bill would specify that any penalty described above is in addition to the other penalties authorized by the bill. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons. The bill would make its provisions severable. (2) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, importers, distributers, wholesalers, and retailers of cigarettes and tobacco products. Existing law prohibits the retail sale of any flavored tobacco product or tobacco product flavor enhancer, as specified. Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers, to seize those products, as specified. Existing law requires the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures. Existing law requires those civil penalties be deposited into the Cigarette and Tobacco Products Compliance Fund, which is available upon appropriation by the Legislature. This bill would, beginning January 1, 2028, also include the unlawful sale or offering for sale, as specified, of a disposable battery-embedded vapor inhalation device containing a tobacco product by a retailer within the conduct subject to those provisions. This bill would incorporate additional changes to Section 22974.2 of the Business and Professions Code proposed by AB 2667 to be operative only if this bill and AB 2667 are enacted and this bill is enacted last. (3) 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.
(1) Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. This bill would authorize the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs. (2) Existing law establishes the Office of School-Based Health Programs for the purpose of assisting local educational agencies regarding the current health-related programs under the purview of the State Department of Education including, among other duties, coordinating school health program activities with public health, social services, environmental, and local educational agencies, and other public and private entities. This bill would prohibit a local educational agency, as defined, from prohibiting school-based health centers, as defined, that serve schools of the local educational agency from making internal and external condoms available and easily accessible to pupils in any of grades 7 to 12, inclusive, at the school-based health center site and would require a school of a local educational agency to allow condoms to be made available to pupils in any of grades 7 to 12, inclusive, during the course of, or in connection with, educational or public health programs and initiatives, as provided. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. (3) Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception. This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty. (4) 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 establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project. Existing law also authorizes a public entity to require that a bidder, contractor, or other entity use a skilled and trained workforce, regardless of whether they are required to do so by statute or regulation. Existing law, the California State University Contract Law, authorizes the Trustees of the California State University to enter into an agreement with a contractor to provide all or significant portions of the design services and construction of a project, chosen by a competitive bidding process that employs selection criteria in addition to cost. Existing law also requires a contractor, when selecting subcontractors under this provision, to competitively bid for those portions of work. This bill would prohibit a contractor from being prequalified for, shortlisted for, or awarded a contract with the Trustees of the California State University, as described above, unless, among other things, the contractor provides an enforceable commitment to the trustees that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, as specified. The bill would exempt from its provisions, among things, a project or contract for the development of housing.
Existing law, the California Youth Football Act, requires a youth sports organization that conducts a tackle football program to comply with certain requirements, including, among other things, not conducting more than 2 full-contact practices per week during the preseason and regular season, not holding a full-contact practice during the off-season, and having each football helmet reconditioned and recertified every other year, as specified. This bill would require a youth tackle football league, youth sports organization that conducts a tackle football program, or coach of a youth sports organization to allow youth tackle football participants to use safety equipment, including soft-shell add-ons on football helmets. The bill would authorize a court to grant injunctive relief to remedy a violation or threatened violation of this requirement, and would entitle a prevailing plaintiff who obtains injunctive relief to reasonable attorney's fees and costs. This bill would prohibit the warranty or safety certification of a football helmet put into play on or after January 1, 2027, with a soft-shell add-on from being voided because of the use of the soft-shell add-on with the football helmet unless certain conditions are met. The bill would state the intent of the Legislature to ensure that youth football organizations continue to have access to commercially available football helmets, including reconditioned football helmets, and that the attachment of a soft-shell helmet add-on does not, by itself, result in the loss of an otherwise applicable manufacturer warranty or certification designation.
The California Beverage Container Recycling and Litter Reduction Act requires plastic beverage containers sold by a beverage manufacturer, as specified, to contain a specified average percentage of postconsumer recycled plastic per year. The act requires the manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the Department of Resources Recycling and Recovery certain information about the amounts of virgin plastic and postconsumer recycled plastic used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law requires the department to post this reported information on its internet website, as provided. Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime. The act subjects a beverage manufacturer that does not meet the minimum postconsumer recycled plastic content requirements to an annual administrative penalty, as provided. Under the act, the penalty is set at $0.20 for each pound of virgin plastic used in lieu of the required amount of postconsumer recycled plastic, as provided. This bill would instead set the administrative penalty at $0.30 for each pound of virgin plastic used in lieu of the required amount of postconsumer recycled plastic. This bill, beginning on or before March 1, 2028, would require a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to also provide to the department proof that the postconsumer recycled content used by the beverage manufacturer for plastic beverage containers is able to be validated and is validated by a third party, as specified. The bill would require a validation regarding the postconsumer recycled content of plastic provided by a manufacturer of postconsumer recycled plastic to be accurate. By creating new crimes, the bill would impose a state-mandated local program. The bill would require the department to publish on its internet website a list of beverage manufacturers and their associated brand names, indicate whether they have complied with applicable postconsumer recycled plastic requirements, and provide other information the department deems appropriate. 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 Department of Toxic Substances Control to adopt regulations for the identification and management of hazardous wastes. Existing law authorizes the department to adopt regulations designating end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject to regulations applicable to universal waste management. Federal regulations identify solid wastes which are subject to regulation as hazardous wastes. Federal regulations exclude from the definition of solid waste for that purpose hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation under specified circumstances. This bill would require the department, on or before July 1, 2028, to convene one or more public workshops for interested parties to comment on the applicability of the above-described federal regulations to hazardous waste streams, including, but not limited to, solar photovoltaic modules, generated in California. The bill would require the department, on or before July 1, 2029, to consider the feedback received and evaluate the applicability of those federal regulations to end-of-life solar photovoltaic modules as an alternative to one or more of the state standards governing hazardous waste and universal waste management. The bill would authorize the department, based on findings of the evaluation, to adopt, by regulation, the federal regulations, subject to revision as necessary, and apply them to end-of-life solar photovoltaic modules that are identified as hazardous waste under existing state law.
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 provides that a health care service plan or a health insurer that authorizes a specific type of treatment by a health care provider shall not rescind or modify this authorization after the provider renders the health care service in good faith and pursuant to the authorization. This bill would require an approved prior authorization for a health care service requested by an in-network provider to remain valid for at least one year from the date of approval, or the period requested by the treating provider if less than one year. Because a violation of the bill 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 authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one of the parents or the guardian of each underage party to the marriage, as specified. Existing law requires the court, if it considers it necessary, as part of the court order granting permission to marry, to require the parties to the prospective marriage of a minor to participate in premarital counseling, as specified. Existing law provides that 2 unmarried, unrelated adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring may establish a domestic partnership by filing a declaration with the Secretary of State, if certain requirements are met. Existing law provides that a person under 18 years of age who, together with the person with whom the person proposes to establish a domestic partnership, meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, is capable of consenting to and establishing a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership. Under existing law, registered domestic partners have the same rights, protections, and benefits as spouses. This bill would repeal the authorization for a person under 18 years of age to be issued a marriage license or to establish a domestic partnership, thereby prohibiting a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership. The bill would make conforming changes. Existing law requires the State Registrar to create a document, no later than March 1, 2020, concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage. Existing law requires the State Registrar to update that document annually, as specified. Existing law requires the local registrar to submit specified information for the purposes of that report. This bill would repeal those provisions.
The California Prompt Payment Act requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract. If a state agency or the Controller fails to take certain timely actions and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice, the act requires the state agency or the Controller, as applicable, to pay certain penalties. The act provides an exception to certain penalty provisions applicable to services or equipment under the Medi-Cal program if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000. The act defines the term "grant" to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency or restoration activities performed by a resource conservation district. The act also defines "nonprofit service organization" to mean a nonprofit entity that is organized to provide services to the public, but the act does not use that term in its provisions. This bill would revise the definition of "grant" to also mean a signed final agreement between a state agency and a nonprofit organization and would delete the $500,000 exception described above. The bill would remove the definition of "nonprofit service organization," and instead would define "nonprofit organization" to mean an organization that qualifies as an exempt organization under Section 501(c) (3) of the Internal Revenue Code. The act authorizes a state agency to dispute for reasonable cause an invoice, refund request, or claim for Medi-Cal reimbursement, as specified, and defines "reasonable cause" to mean a determination by a state agency that any of certain conditions exist, including that there is a discrepancy between the invoice or claimed amount and either the claimant's actual delivery of property or services to the state or the state's acceptance of those deliveries. This bill would revise the condition described above to require the discrepancy to be of an amount greater than $250 or 5% of the invoice or claimed amount, whichever is less, in order to qualify as a reasonable cause for the state agency to dispute it. Existing law establishes the Department of General Services in the Government Operations Agency for purposes of providing centralized services of state government. Existing law establishes various state grant programs. Existing federal law provides uniform administrative requirements, cost principles, and audit requirements for federal grant awards to nonfederal entities and provides guidelines for determining direct and indirect costs, as defined, charged to federal awards. This bill would require a state agency administering a grant program to reimburse a grantee's indirect costs, as defined, at one of specified rates as requested by the grantee in their grant program application, not to exceed 35% of the total grant award, unless prohibited by any other state or federal law. The bill would authorize the establishment of indirect cost pools, as specified. The bill would make these provisions applicable to a grant program administered by a state agency, regardless of whether the funding source is state funds, federal funds, or a combination thereof.
