Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. Existing law classifies electric bicycles into 3 classes with different restrictions for various purposes, and requires, among other things, a class 3 electric bicycle to be equipped with a speedometer. Existing law prohibits certain vehicles that do not meet the definition of an electric bicycle from being advertised, sold, offered for sale, or labeled as an electric bicycle, as specified. A violation of the Vehicle Code is a crime. This bill would amend the type of vehicles that are prohibited from being advertised, sold, offered for sale, or labeled as electric bicycles, including, among others, motor-driven cycles and mopeds. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law defines a motor-driven cycle as any motorcycle with a motor that displaces less than 150 cubic centimeters. This bill would revise the definition of motor-driven cycle to mean any motorcycle propelled by an internal combustion engine that displaces less than 150 cubic centimeters, or by an electric motor that produces 5 gross brake horsepower (3,750 watts) or less, and is designed for highway use, complies with all applicable federal motor safety standards, has a 17-digit vehicle identification number and a safety certification label, and meets all of the equipment requirements of the Vehicle Code. Existing law defines a motorized bicycle or moped as a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. This bill would delete references to motorized bicycle in the Vehicle Code and replace the term with "moped." The bill would revise the definition of a moped to mean a two-wheeled or three-wheeled device that has an electric motor or an internal combustion engine that produces less than 4 gross brake horsepower (3,000 watts) , is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground, is designed for highway use, complies with all applicable federal motor safety standards, has a 17-digit vehicle identification number and a safety certification label, and meets all of the equipment requirements of the Vehicle Code. The bill would specify that a moped may be equipped with operable pedals for propulsion by human power. Existing law requires every manufacturer of a motorized bicycle or moped to provide a specified disclosure to buyers. This bill would instead require every manufacturer, importer, or seller of a motor-driven cycle, moped, or off-highway electric motorcycle that is powered by an electric motor to provide a specified disclosure to all potential buyers in any advertising, including any online advertising on internet websites or social media. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed, in a prominent location, to each electric bicycle. Existing law requires the label to contain the classification number, top assisted speed, and motor wattage of the electric bicycle, as specified. For electric bicycles, this bill would additionally require the inclusion of the brand name of the electric bicycle and the manufacturer, importer, or distributor. This bill would require manufacturers and distributors of mopeds and motor-driven cycles to affix a certification label, as specified, on or to the permanent member of the vehicle, as specified. The bill would make it unlawful for a person to sell an electric bicycle, moped, or motor-driven cycle in violation of the labeling and disclosure requirements mentioned above. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would prohibit a person from selling or installing an electric bicycle classification label unless the classification label is sold and installed in a physical retailer or bicycle repair shop. The bill would require a retailer and bicycle repair shop of electric bicycles to verify that the classification label matches the electric bicycle class before installing the classification label on an electric bicycle. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would require any incident report filed by a peace officer for an injury or crash involving an electric bicycle, moped, and motor-driven cycle to include specified information or to indicate that a marking or label was not available. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. Existing law prohibits a person from distributing, selling, or leasing a powered mobility device unless the battery for the powered mobility device has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272. Existing law requires a charging system advertised, distributed, sold, or leased for use with a particular device, including a powered mobility device, to be certified for use with that device. For these purposes, existing law defines a "powered mobility device" as including, among other devices, a motorized bicycle or moped or an off-highway motorcycle. This bill would remove a motorized bicycle or moped or an off-highway electric motorcycle from the definition of a powered mobility device. The bill would prohibit the distribution, sale, or lease of a moped or off-highway electric motorcycle unless the battery complies with a certain safety standard. The bill would also require a charging system advertised, distributed, sold, or leased for use with a moped or off-highway electric motorcycle to comply with this standard. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law prohibits a person from renting a powered mobility device or its charging system unless the device or charging system has been tested for compliance with ANSI/CAN/UL 2272, as specified. This bill would prohibit a person from renting a moped or off-highway electric motorcycle or its charging system unless the battery for the moped or off-highway electric motorcycle or the charging system complies with a certain safety standard. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law defines an off-highway motor vehicle as a motor vehicle that operates on lands, other than a highway, that are open and accessible to the public, as specified. Existing law establishes rules for the operation of an off-highway vehicle. Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, except as specified. This bill would specify that mopeds are subject to identification as off-highway motor vehicles. The bill would also prohibit the use, allowing to use, or operation of an off-highway electric motorcycle, motorcycle, motor-driven cycle, or moped powered by an electric motor on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle complies with standards for mopeds and off-highway electric motorcycles, as specified. By creating new crimes related to the operation of off-highway vehicles, this bill would impose a state-mandated local program. Existing law requires a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, or storage battery subject to certain testing to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. This bill would require a manufacturer, importer, distributor, or retailer of a moped, off-highway electric motorcycle, charging system, or storage battery used on a moped or off-highway electric motorcycle to retain documentation and information supporting compliance with any standard required, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law authorizes a peace officer to remove a vehicle that (1) has fewer than 4 wheels, but that does not meet the definition of an electric bicycle, if that vehicle is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway and is being operated by an operator without a current license to operate the vehicle, or (2) is a class 3 electric bicycle being operated by a person under 16 years of age. This bill would additionally prohibit a person from operating a 2-wheeled or 3-wheeled device powered by an electric motor that is capable of propelling the device at a speed greater than 20 miles per hour on level ground on a highway or public right-of-way when powered solely by the motor unless the device meets the definition of a device that is explicitly defined in, and authorized for use on a highway or public right-of-way by, the Vehicle Code. The bill would authorize a peace officer to remove the vehicle if the vehicle is a 2-wheeled or 3-wheeled unauthorized device being operated by a person on a highway or public right-of-way. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. This bill would make other clarifying and conforming changes. This bill would incorporate additional changes to Section 4442 of the Public Resources Code proposed by AB 2075 to be operative only if this bill and AB 2075 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12804.9 of the Vehicle Code proposed by AB 1913 to be operative only if this bill and AB 1913 are enacted and this bill is enacted last. 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. This bill would make certain provisions described above operative only if AB 2346 is enacted.
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Existing law requires law enforcement agencies to enter each firearm into the Department of Justice Automated Firearms System that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered, relinquished, or under observation. Existing law requires these law enforcement agencies to report to the Department of Justice all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within 7 calendar days of obtaining the information. Existing law requires that the information collected be maintained by the department for a period of not less than 10 years, and to be available, under guidelines set forth by the Attorney General, for academic and policy research purposes. Existing law also requires the department to, on an ongoing basis, analyze the information collected for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of those firearms. This bill would clarify that the information relied on by the department for its analysis of patterns and trends be available, upon request, to any California town, city, county, or state government agency, the California State University, the University of California, or specified private postsecondary educational institutions in California, under conditions and format options set forth by the Attorney General, as specified.
Existing law establishes the California Career Technical Education Incentive Grant Program, administered by the State Department of Education, with the purpose of encouraging, maintaining, and strengthening the delivery of high-quality career technical education programs. Existing law provides, for the 2021–22 fiscal year and each fiscal year thereafter, that $300,000,000 shall be available to the department, upon appropriation by the Legislature, for the program. Existing law requires an applicant to demonstrate a proportional dollar-for-dollar match and sets that amount for the 2021–22 fiscal year, and each fiscal year thereafter, at $2 for every $1 received from the program. Existing law prohibits an applicant from being awarded an amount higher than the amount that the allocation formula determines them to be eligible to receive under the program. Existing law requires the Superintendent of Public Instruction, in administering the program, to perform specified duties, including, among other duties, to (1) determine, in collaboration with the executive director of the State Board of Education, and make public on a preliminary basis at least 30 days before a regularly scheduled meeting of the state board, the allocation formula, (2) distribute funding on a multiyear schedule, (3) require grant recipients to submit program reports, (4) manage the grant process, and (5) promote the success of K–12 career technical education programs, as provided. This bill would require the department, instead of the Superintendent, to perform the above-described duties. The bill would, for purposes of allocations commencing no later than the 2027–28 fiscal year and pursuant to the above-described requirements, also require the department to determine, in consultation with the executive director of the state board, a revised allocation formula that ensures that all funds appropriated for the program in any given fiscal year are fully allocated to program applicants in that fiscal year, as provided.
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law. Existing law requires access to those particular records relevant to the legitimate educational interests of the pupil to, among other individuals, a pupil 14 years of age or older who is both a homeless child or youth, as defined, and an unaccompanied youth, as defined. This bill would additionally require access to those particular records relevant to the legitimate educational interests of the pupil to a pupil 14 years of age or older who is a foster youth, as defined. To the extent the bill would impose additional duties on school districts related to pupil record requests, 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. This bill would incorporate additional changes to Section 49076 of the Education Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last.
The Personal Income Tax Law, in modified conformity with federal income tax laws, defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. This bill, for taxable years beginning on or after January 1, 2028, and before January 1, 2033, would exclude from gross income any reparations benefit or payment, as defined, received by a taxpayer during the taxable year. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. Under the Sales and Use Tax Law, there is a presumption that a vehicle, vessel, or aircraft shipped or brought into this state within 12 months from the date of its purchase was acquired for storage, use, or other consumption in this state and is subject to the use tax if any of specified conditions are satisfied, including where the vehicle is purchased by a resident of this state, as defined. Existing law provides that, for purposes of this presumption, a closely held company or limited liability company is considered a resident of this state if 50% or more of the shares or membership interests are held by shareholders or members who are residents of this state. This bill would additionally provide that a partnership, limited partnership, or limited liability partnership is a resident of this state if 50% of the partnership, limited partnership, or limited liability partnership interests are held by partners that are residents of this state. The bill would also provide that, for purposes of the above-described presumption, a shell company, as defined, is a resident of this state if any shareholder, partner, member, or beneficial owner is a resident of this state. The bill would hold any officer, manager, partner, beneficial owner, or member of a shell company personally liable for any unpaid taxes, and any interest and penalties on those taxes, the nonpayment of which may constitute a crime, due on the purchase of a vehicle, vessel, or aircraft. By expanding the scope of crimes related to the violation of the Sales and Use Tax Law, this bill would impose a state-mandated local program. The bill would also make nonsubstantive and conforming changes to these provisions. 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. 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. This bill would take effect immediately as a tax levy.
For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emergency, including, among others, the imminence of a major safety hazard as determined by a local law enforcement agency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred. This bill, for the above-described purposes, would additionally allow a local fire agency to make a determination of the imminence of a major safety hazard. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the State Board of Education, on or before January 31, 2024, to appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia, as specified. Existing law requires the governing board or body of a school district, county office of education, or charter school serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2025, one or more screening instruments from the approved list to assess pupils for risk of reading difficulties, as specified, and commencing no later than the 2025–26 school year, requires those local educational agencies to assess each pupil in kindergarten and grades 1 and 2 for risk of reading difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency, as specified. This bill would, on or before July 31, 2027, require the state board to approve and the State Department of Education to post on its internet website criteria and guidance for selecting evidence-based, culturally, linguistically, and developmentally appropriate mathematics diagnostic assessments for pupils in kindergarten and grades 1 and 2 to assess pupils' mathematics knowledge and learning needs and identify pupils in need of additional support. The bill would require the department, on or before January 31, 2028, to (1) publish on its internet website a list of approved diagnostic assessments that meet the criteria, and (2) post on its internet website additional guidance to assist local educational agencies in selecting diagnostic assessments from the approved list, as provided. The bill would require the list to include diagnostic assessments that are developed for both English learners and non-English learners, as provided. The bill would require the state board and the department to solicit stakeholder input when developing the criteria, guidance, and list of diagnostic assessments pursuant to these provisions and to allow for public comment. The bill would authorize the department to periodically update the list of approved assessments. The bill would require the governing board or body of a school district, county office of education, or charter school serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2028, one or more diagnostic assessments from the published list of approved diagnostic assessments to assess pupils' mathematics knowledge and learning needs. The bill would authorize a local educational agency to satisfy this requirement by using a diagnostic assessment that is not on the published list if the governing board or body self-certifies that the assessment tool meets the above-described criteria. The bill, commencing no later than the 2028–29 school year, would require those local educational agencies to assess each pupil in kindergarten and grades 1 and 2 for mathematics knowledge using the diagnostic assessment or assessments adopted by the governing board or body of the local educational agency. The bill would require a local educational agency to provide parents or guardians of pupils eligible for assessment with information about the assessment and to make pupil results available to parents or guardians, as required by the state board, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department, by April 30, 2028, to curate and maintain on its internet website guidance and resources on evidence-based support, intervention, and instructional strategies aligned with the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve. 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 prohibits the disconnection, modification, or alteration of required motor vehicle pollution control devices. Existing law exempts from the prohibition an alteration, modification, or modifying device, apparatus, or mechanism that is covered by a resolution of the State Air Resources Board that makes specified findings. Under existing regulations, the executive officer of the state board is authorized to exempt add-on and modified parts for on-road vehicles or engines from the above prohibition based on an evaluation conducted in accordance with certain procedures. Existing law requires the state board to undertake a public process to review the existing procedures for exempting parts for on-highway vehicles under those resolutions with the goal of streamlining the process for issuing executive orders. Existing law authorizes the state board to adopt a schedule of fees to cover all or a portion of the state board's reasonable costs for the certification, audit, and compliance of aftermarket parts sold in the state, as specified. This bill would authorize a manufacturer of an add-on or modified part for on-road vehicles or engines to request the state board issue a conditional approval to sell an add-on or modified part before issuance of an executive order while the applicant is awaiting final determination for the add-on or modified part, as specified. The bill would require the state board to make a determination on whether the application is complete and satisfies other specified requirements and, if it determines those requirements are met, to grant a conditional approval. If the state board does not make a determination within 30 days of receipt of a request, the bill would deem the request conditionally approved, except as specified. The bill would authorize, upon the effective date of a conditional approval, the add-on or modified part specified in the application to be sold, offered for sale, advertised, or installed in the state. The bill would require a conditional approval to expire 2 years from the effective date of the conditional approval, unless extended by the executive officer, or upon issuance of an executive order, whichever occurs sooner.
The Donahoe Higher Education Act sets forth the missions and functions of California's public segments of higher education and their respective institutions of higher education. The California Community Colleges, the California State University, and the University of California are the 3 public segments of postsecondary education in the state. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California act, by appropriate resolution, to make them applicable. This bill would establish the Cal-Bridge Program as a fully intersegmental partnership program between the California Community Colleges, the California State University, and the University of California to create a pathway that promotes the advancement of California's diverse undergraduate public postsecondary student population who major in science, technology, engineering, and mathematics (STEM) disciplines to pursue STEM doctors of philosophy (PhDs) and become members of California's professorate or leaders in California's technology industry. The bill would specify the goals of the Cal-Bridge Program, including, among others, preparing students to apply to PhD programs in STEM disciplines, as specified. The bill would include 5 Cal-Bridge subprograms to provide resources, research opportunities, and financial support to qualifying public postsecondary undergraduate, PhD, and postdoctoral STEM scholars. The bill would also establish the ENLACE Program as an operationally independent program that works in collaboration with the Cal-Bridge Program to create pathways that prepare California's high school and college students for all levels of postsecondary STEM education and the state's STEM workforce, as specified. The bill would require the ENLACE Program to consist of the ENLACE High School and Undergraduate Program to provide support to qualifying students in high school and undergraduate studies across all STEM disciplines at public postsecondary educational institutions, as specified. The bill would authorize funding appropriated for purposes of the Cal-Bridge Program or the ENLACE Program to be used for specified activities. The bill would require the Cal-Bridge Program to submit an annual programmatic progress report to the office of the President of the University of California that includes data on implementation of the Cal-Bridge Program's activities and the allocation of funding for those activities, as specified. The bill would apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make it applicable.