Asm. Josh Lowenthal

Existing law imposes various business practice restrictions on a food delivery platform, defined as an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer. This bill would expand the definition of a food delivery platform to cover the completion of those deliveries and to include beverage orders, as provided. Existing law prohibits a food delivery platform from arranging for the delivery of an order from a food facility without first obtaining an agreement with the food facility expressly authorizing the food delivery platform to take orders and deliver meals prepared by the food facility. This bill would require a food delivery platform to provide to a food facility a mechanism to, among other things, remove the food facility, as specified, from the platform within 3 business days of receiving a request to be removed from the platform. The bill would require a food delivery platform to inform a food facility, before signing an agreement, of the fees charged by the food delivery platform for each service plan offered and the features included in each service plan, as applicable. Among other changes, the bill would also require a food delivery platform to inform a food facility of any change to the agreement deemed material and applicable to the food facility. Existing law prohibits a food delivery platform from charging a customer a purchase price for food or beverage that is higher than the price posted on the food delivery platform's internet website by the food facility at the time of the order. Existing law requires a food delivery platform to disclose to the customer and to the food facility a cost breakdown of each transaction, as described. Existing law requires the cost breakdown to include, among other information, the purchase price of the food and beverage and any tip or gratuity. Existing law defines "purchase price" as the price, as listed on the menu, for items contained in an online order and excludes from this definition the taxes or gratuities that make up the total amount charged to the customer of an online order. This bill would also exclude from the definition of "purchase price" fees and commissions that may make up the total amount charged to the customer of an online order. The bill would revise the above-described requirement to disclose the cost breakdown by, among other things, limiting the tip or gratuity disclosure requirement to those tips or gratuities that are payable to the delivery driver or food facility. The bill would require a food delivery platform to disclose clearly and regularly to the food facility and the customer the status of the order, as specified.

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment, and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. For purposes of the Equity in Higher Education Act, existing law defines "nationality" to include citizenship, country of origin, and national origin and defines "religion" to include all aspects of religious belief, observance, and practice, as provided. This bill would instead provide that California's postsecondary educational institutions have an affirmative obligation to combat discrimination on the basis of disability, gender, gender identity, gender expression, nationality or national identity, race or ethnicity, religion, sexual orientation, and other specified characteristics, and a responsibility to provide equal educational opportunity. For purposes of the Equity in Higher Education Act, the bill would instead define "nationality" or "national identity" to include a person's actual or perceived shared ancestry or ethnic characteristics, citizenship, or residency in a country with a dominant religion or distinct religious identity, as provided. For purposes of the Equity in Higher Education Act, the bill would define "discrimination on the basis of religion" to include, but not be limited to, anti-Semitism and Islamophobia. The bill would also state that it is the intent of the Legislature that each postsecondary educational institution undertake supportive measures to help students who have encountered discriminatory incidents, regardless of the location of the discriminatory incident, if the student feels the incident impairs their access to equal educational opportunities. This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and would request the University of California, to include training to address discrimination against the 5 most targeted groups in the state, as provided, as part of any general antidiscrimination training or diversity, equity, and inclusion training that is offered by the institution, except as specified. By imposing new requirements on community college districts, 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, 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, the California Consumer Privacy Act of 2020 (CCPA) , approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, requires a consumer, as defined, to have various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about a consumer to third parties to not sell or share the consumer's personal information. The act prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, or the consumer's parent or guardian, as applicable, has affirmatively authorized the sale or sharing of the consumer's personal information. This bill would instead prohibit a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 18 years of age and would revise the above-described prohibition to prohibit a business from selling or sharing the personal information of a consumer over 13 years of age, but less than 18 years of age, unless the consumer, or the consumer's parent or guardian, as applicable, has affirmatively authorized the sale or sharing of the consumer's personal information, as specified. The bill would require a business to treat a consumer as under 18 years of age if the consumer, through a platform, technology, or mechanism, transmits a signal indicating that the consumer is less than 18 years of age. The CCPA requires the Attorney General to solicit broad public participation and adopt regulations, as specified, to further the purposes of the act, including, but not limited to, regulations to establish technical specifications for an opt-out preference signal that allows the consumer, or the consumer's parent or guardian, to specify that the consumer is less than 13 years of age, or at least 13 years of age and less than 16 years of age. The act requires the California Privacy Protection Agency, as specified, to adopt regulations under the authority assigned to the Attorney General under the act. This bill would instead require the Attorney General to solicit broad public participation and adopt regulations, as described above, including, but not limited to, regulations to establish technical specifications for an opt-out preference signal that allows the consumer, or the consumer's parent or guardian, to specify that the consumer is less than 13 years of age, or at least 13 years of age and less than 18 years of age. The California Consumer Privacy Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Consumer Privacy Act of 2020.

The federal Reception and Placement Program (RPP) under the United States Department of State is established to serve refugees during their first 3 months after arrival in the United States, through contracts with local resettlement agencies to provide various services using federal funds. Existing state law requires the State Department of Social Services, after setting aside the necessary state administrative funds, to allocate federal funds appropriated for refugee social services programs to each eligible county or service provider, as defined, based on the number of refugees receiving aid, or who reside, in the eligible county. If an eligible county or service provider that receives funds declines all or part of those funds, or returns unexpended funds, existing law authorizes the department to exercise its discretion to reallocate the declined or returned funds among eligible counties and service providers. Existing law conditions the applicability of the requirements under these provisions on the availability of federal funds. This bill would make those requirements also applicable if state funds are available subject to an appropriation. Under the bill, if a refugee recipient of refugee social services under RPP completes 90 days of those services and exhausts the federal funds allocated for that recipient, the recipient would be eligible for a 90-day extension of those services using state funds within the first 12 months of arrival in the United States. The bill would require that services covered pursuant to these provisions include (1) English language and employment training and (2) case management services, as specified. The bill would authorize a qualified nonprofit organization, an eligible county, or any office or affiliate of the agencies authorized under RPP to provide these services. The bill would also make conforming changes to related provisions.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as specified. Existing law requires an RBS training course to include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body, as specified. This bill would require, on or before January 1, 2027, the RBS training courses to include best practices on how to prevent or protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

The Cyberbullying Protection Act requires a social media platform to disclose all cyberbullying reporting procedures in the social media platform's terms of service and to establish a mechanism within its internet-based service that allows an individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or any content that violates the existing terms of service. Existing law requires the reporting mechanism to allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service. This bill would, beginning January 1, 2026, require a social media platform to disclose all social media-related threat reporting procedures for certain verified reporters in the social media platform's terms of service. The bill would define "social media-related threat" to mean content posted on a social media platform that promotes, incites, facilitates, or perpetrates any of certain things, including cyberbullying, suicide, and drug trafficking. This bill would require a large social media platform, as defined, to, among other things, create a process to verify certain individuals as verified reporters, including a school principal, as specified. The bill would require, in addition to any other reporting mechanism required by state law, a large social media platform to create a process by which a verified reporter can make a report of a social media-related threat or a violation of the large social media platform's terms of service that in the verified reporter's opinion poses a risk or a severe risk to the health and safety of a minor. The bill would require a large social media platform that receives a report from a verified reporter to, on a publicly accessible internet website, report annually on, among other things, the total number of reports from a verified reporter received for the calendar year.

Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. This bill would require the California State University and community college districts to stock drug testing devices, as defined, available and accessible, free-of-charge, in the health center located on each campus and post a notice on these requirements in a prominent and conspicuous location, as specified. The bill would encourage the University of California, independent institutions of higher education, and private postsecondary educational institutions to implement these provisions. By imposing new duties on community college districts, 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, 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 generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to various exceptions. Existing law authorizes certain local government agencies to use alternative contracting methods, including best value procurement and progressive design-build contracting for particular types of public projects, including, among others, certain construction projects and regional communications and related infrastructure projects. 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, and imposes various duties on the Labor Commissioner with respect to those requirements. This bill would authorize the City of Long Beach to procure contracts relating to the terminal development project at the Port of Long Beach, known as Pier Wind, and to enter into an alternative project delivery method contract for that purpose, as provided. The bill would require the city to prepare, publicly advertise, and issue solicitation documents to procure and award any contract, subject to prescribed requirements. For purposes of these provisions, the bill would authorize the city to perform various duties regarding the procurement and administration of these contracts, including amending those contracts, as prescribed. The bill would impose various prohibitions and requirements on a business entity, including requiring that entity to provide payment bonds for the project and using a skilled and trained workforce to perform all construction work on the project. The bill would require the contract between the city and the business entity to comply with certain requirements, such as including errors and omissions insurance. The bill would require all documents related to the project to be subject to disclosure under the California Public Records Act. The bill would define various terms for purposes of its provisions. The bill would state that its provisions are severable and would make legislative findings and declarations as to the necessity of a special statute for the City of Long Beach.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses. Existing law generally makes a violation of the act a misdemeanor and grounds for suspension or revocation of a license, except as specified. Existing law authorizes the issuance of on-sale general public premises (Type 48) licenses, which authorize, as specified, the sale of beer, wine, and distilled spirits for consumption on the licensed premises. Existing law, commencing July 1, 2024, until January 1, 2027, requires an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to offer drug testing devices for sale to their customers and to post a related notice containing specified language, as specified. This bill would also, commencing July 1, 2025, until January 1, 2027, require an applicant for a new permanent Type 48 license and the holder of an existing Type 48 license to, upon request, provide a lid with a customer's drink. The bill would require a licensee to post a related notice containing specified language in a prominent and conspicuous location and would make a conforming change to the above-described notice requirement related to drug testing devices. The bill would authorize the licensee to charge an additional fee for providing a lid with a customer's drink and would prohibit the fee from exceeding the reasonable cost of providing the lid, as specified. The bill would specify that a violation of this provision is not a crime.

Existing law grants pupils, parents, and guardians certain rights regarding the delivery of educational services, including, among others, rights regarding primary supplemental instruction materials. Existing law provides that none of these rights shall be construed as restricting teachers in the assignment of homework. This bill, the Healthy Homework Act, would encourage each school district, county office of education, and charter school to (1) develop a homework policy for all grades maintained by the local educational agency, as specified, by the start of the 2027–28 school year, (2) formally adopt a final homework policy by the start of the 2028–29 school year, and (3) update the adopted homework policy at least once every 5 years, as provided. The bill would, among other things, encourage the local educational agency to annually distribute the adopted or updated homework policy at the beginning of the school year to all certificated staff and administrators, to all pupils and parents or legal guardians, as specified, and by publication on the local educational agency's internet website and on the internet websites of the individual schools operated by the local educational agency. For a local educational agency that formally adopted a homework policy on or before July 31, 2024, the bill would encourage the local educational agency to update its adopted homework policy before the start of the 2028–29 school year or within 5 years of its adoption, whichever is later, and would encourage the local educational agency's updated homework policy to be consistent with the bill's provisions. The bill would authorize the State Department of Education to develop and post on its internet website, guidelines for local educational agencies to use in developing the homework policy, as provided, and would encourage those guidelines to be developed and posted by January 1, 2026.