The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate in administering a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels. Existing law requires the association's plan of operation and any amendment to the plan to be approved by the Insurance Commissioner. Existing law establishes the California Infrastructure and Economic Development Bank and authorizes it to issue bonds to provide funds for the payment of costs of a project for a participating party or upon request by a state entity. This bill would authorize the association, if granted prior approval from the commissioner, to request the California Infrastructure and Economic Development Bank to issue bonds, and would authorize the bank to issue those bonds to finance the costs of claims, to increase liquidity and claims-paying capacity of the association, and to refund bonds previously issued for that purpose. The bill would specify that the association is a participating party and that financing all or any portion of the costs of claims or to increase liquidity and the claims-paying capacity of the association is a project for bond purposes. The bill would authorize the bank to loan the proceeds of issued bonds to the association, and would authorize the association to enter into a loan agreement with the bank and to enter into a line of credit agreement or other agreement This bill would require the association, if the above-described bonds, loan agreements, or lines of credit received the prior approval of the commissioner, and if the association is unable to timely and fully meet its repayment obligation, to assess members in the amounts and at the times necessary to timely pay in full all obligations of the association with respect to those bonds, loan agreements, lines of credit, and other agreements, as specified. The bill would authorize the association to secure those bonds, loan agreements, lines of credit, and other agreements by a statutory lien, as specified. Existing law establishes the California Infrastructure and Economic Development Bank Fund, a continuously appropriated fund, for the purpose of implementing the objectives of the bank. To the extent that the bill would result in additional revenues being deposited into the California Infrastructure and Economic Development Bank Fund, the bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.
The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate to administer a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels. Existing law establishes a governing committee for the association and prescribes its membership. This bill would require the Speaker of the Assembly and the Chairperson of the Senate Committee on Rules to serve as nonvoting, ex officio members of the governing committee, and would authorize each to name a designee to serve in their place. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law creates the California FAIR Plan Association, a joint reinsurance association formed by insurers licensed to write and engaged in writing basic property insurance within this state, to assist persons in securing basic property insurance, and to formulate and administer a program for the equitable apportionment among insurers of basic property insurance. Existing law defines "basic property insurance" for these purposes. This bill would define "basic property insurance" offered through the FAIR Plan to include insurance for manufactured homes and mobilehomes under the same terms and conditions as basic property insurance sold for other residential dwellings.
Existing law establishes the state flag and the state's emblems, including, among other things, the poppy as the official state flower, the California redwood as the official state tree, and the California desert tortoise as the official state reptile. This bill would establish the giant garter snake (Thamnophis gigas) as the official state snake.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law authorizes local governments to enact ordinances or regulations that make building standards amendments to the California Building Standards Code, as specified. This bill would establish a streamlined approval process for a local permit for a tenant improvement, as defined, relating to a restaurant. In this regard, the bill would require a local building department, upon the request and at the expense of the permit applicant, to allow a qualified professional certifier, defined as a licensed architect or engineer who meets certain requirements, to certify that the plans and specifications of the tenant improvement comply with all applicable building, health, and safety codes, as specified. The bill would require a qualified professional certifier, or the applicant, as applicable, to prepare certain affidavits related to the tenant improvement under penalty of perjury. The bill would require the local building department to approve or deny the permit application within 20 business days of receiving a complete application and would deem the plan approved for permitting purposes if the local building department does not approve or deny the application within that timeframe. The bill would also authorize the applicant to resubmit corrected plans addressing the deficiencies identified in the initial denial, would limit the local building department's review of each subsequent resubmission to the deficiencies identified in the initial denial, and would require the local building department to approve or deny each subsequent resubmission within 10 business days of receipt. The bill would require each local building department to conduct audits of tenant improvements submitted for certification, as specified. The bill would authorize a city or county to adopt additional qualifications or requirements for qualified professional certifiers, including penalties or reasonable administrative fines for certain actions. The bill would make qualified professional certifiers liable for any damages arising from negligent plan review. The bill would also require the applicant to indemnify the local agency from any property damage or personal injury arising from construction permitted under the above-described provisions. Existing law establishes the California Architects Board and the Board for Professional Engineers, Land Surveyors, and Geologists to administer the licensure and regulation of architects and engineers, respectively. Existing law specifies grounds for disciplinary action by the boards. This bill would deem making a false statement in a certification described above to be grounds for disciplinary action against a licensee who serves as a qualified professional certifier. Existing law, the Government Claims Act, establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the act makes the public entity liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty. This bill, notwithstanding the above-described liability of a public entity for failure to discharge certain mandatory duties, would provide that a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of a permit pursuant to the bill's provisions. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce those provisions. The California Retail Food Code requires a person proposing to build or remodel a food facility to submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and to receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. The California Retail Food Code requires the plans to be approved or rejected within 20 working days after receipt by the enforcement agency and, unless the plans are approved or rejected within 20 working days, deems those plans approved. A violation of the California Retail Food Code is generally a misdemeanor. This bill would require that a tenant improvement plan for a restaurant be deemed approved for permitting purposes if the enforcement agency does not approve or deny the application within 20 business days of receiving a complete plan. The bill would also authorize the applicant to resubmit a corrected plan addressing the deficiencies identified in the initial denial, would limit the enforcement agency's review of each subsequent resubmission to the deficiencies identified in the initial denial, and would require the enforcement agency to approve or deny each subsequent resubmission within 10 business days. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. To the extent that the streamlined, ministerial review processes established by the bill would apply to final, discretionary approval of a tenant improvement, the bill would exempt those projects from CEQA. This bill would also make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to the review and approval of tenant improvements for restaurants, and by expanding the scope of various crimes related to these provisions, 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 specified reasons.
Existing law establishes the state flag and the state's emblems, including, among other things, the golden poppy as the official State Flower, the California redwood as the official state tree, and purple needlegrass as the official State Grass. This bill would establish the bigberry manzanita (Arctostaphylos glauca) as the official state shrub.
(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date. This bill, instead, would make those provisions operative until January 1, 2029, repeal those provisions on that date, and make conforming changes. The bill would also prohibit the department from issuing any new COVID-19 Temporary Catering Authorizations on or after January 1, 2027. (2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date. This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program. (3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law provides that these standards are primarily enforced by local enforcement agencies. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely. (4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards. This bill would, notwithstanding the requirements described above, authorize a restaurant to operate using open windows, folding doors, or nonfixed store fronts during hours of operation if the restaurant develops, and submits to the enforcement agency for approval, an integrated pest management and food safety risk mitigation plan and meets certain requirements, as specified. The bill would require the plan to be documented in writing, made available upon request to local environmental health enforcement officers, and updated annually or whenever there is a change to the facility or operation. The bill would require the restaurant to self-close upon observation of vermin activity inside the facility and remain closed until all vermin are eliminated. The bill would prohibit a local enforcement agency from unreasonably withholding approval of a proposed pest management and food safety risk mitigation plan and would require approval to be granted unless unique circumstances exist such that no reasonable conditions or measures can sufficiently mitigate a significant risk to public health or safety. (5) 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 Lockyer-Polanco-Farr Pet Protection Act, requires dealers of dogs and cats to comply with its provisions, including maintaining certain health and safety standards for pets and providing purchasers and prospective purchasers of pets, upon request, with written notice of consumer rights concerning the sale of a pet, including information about available refunds and other remedies. Existing law prohibits an online pet retailer, as defined, from offering, brokering, making a referral for, or otherwise facilitating a loan or other financing option for, the adoption or sale of a dog, cat, or a rabbit. Existing law makes a violation of these provisions subject to a civil penalty. This bill would prohibit, subject to specified exemptions, a broker from making available for adoption, selling, or offering for sale a dog under one year of age, a cat, or rabbit. The bill would define a broker as a person or business that sells, arranges, negotiates, or processes, either in person or online, the sale of dogs, cats, or rabbits bred by another for profit and would include facilitating the transfer of those animals for profit.
Existing law requires a person seeking to bring a dog into this state, or importing a dog into this state, for the purpose of resale or change of ownership to obtain a health certificate with respect to the dog that has been completed by a licensed veterinarian and is dated within 10 days before the date on which the dog is brought into the state. Existing law requires the person to submit the health certificate to the applicable county health department, as specified. This bill would repeal the above-described requirements, and would instead require a person selling, transporting, or importing a dog into the state for the purpose of resale or change of ownership to obtain, and submit to the Department of Food and Agriculture and the buyer, a health certificate for the dog that has been completed by a licensed veterinarian and is dated no more than 10 days before the date on which the dog is brought into the state, as specified. The bill would require that the health certificate contain specified information. The bill would designate the health certificate as a public record, and require the department to retain a health certificate for 5 years. Under existing law, a violation of the Food and Agricultural Code is a misdemeanor, except as specified. Because the requirements of this bill would be part of the Food and Agricultural Code, the violation of which would be a crime, the bill would create 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, the Veterinary Medicine Practice Act, establishes the California Veterinary Medical Board to regulate the practice of veterinary medicine, and specifies acts the performance of which constitutes the practice of veterinary medicine, surgery, and dentistry, including performing a surgical operation upon an animal. Existing law provides that nothing in the act prohibits a person from practicing veterinary medicine as a bona fide owner of one's own animals. A violation of the act is a crime. This bill would include the performance of a tendonectomy, onychectomy, or any type of claw removal on a feline within the practice of veterinary medicine, surgery, and dentistry. The bill would require those procedures to be performed only for a therapeutic purpose, as defined, and would authorize the board to deny, revoke, or suspend a license or registration or assess a fine for performing those procedures for any reason other than a therapeutic purpose. This bill would exclude the performance of those procedures from the provisions authorizing a person to practice veterinary medicine as an owner of one's own animals. The bill would specify that the bill's provision shall not be interpreted to preempt a local ordinance adopted before January 1, 2026, limiting the performance of the feline declawing procedures identified in the bill. Because a violation of these provisions would be a crime under the act, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Sections 4827 and 4883 of the Business and Professions Code proposed by AB 1502 to be operative only if this bill and AB 1502 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.
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, requires pet dealers, as defined, to disclose at the time of sale of a dog or cat specified information, including, among others, the source of the dog or cat, a record of known diseases or illnesses afflicting the dog or cat, and a record of immunizations or inoculations, worming treatments, veterinarian treatment, or medications received by the dog or cat. Existing law, the Polanco-Lockyer Pet Breeder Warranty Act, requires dog breeders to disclose, among other things, the aforementioned medical information to purchasers. Existing law makes a person who violates these provisions liable for civil penalties, as specified. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Existing law provides that, except as provided, a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy. Existing law provides that a contract entered into on or after January 1, 2018, for the lease of a dog or cat that provides for or offers the option of transferring ownership of the dog or cat at the end of the lease term is void as against public policy. This bill would provide that a contract entered into on or after January 1, 2026, to transfer ownership of a dog, cat, or rabbit that is offered, negotiated, brokered, or otherwise arranged by a person, pet dealer, or business, while the purchaser is located in California, is void as against public policy if the contract includes or requires a nonrefundable deposit. The bill would require a person, pet dealer, or business that sells a dog, cat, or rabbit to a purchaser located in California to disclose the original source and medical information of the dog, cat, or rabbit, as specified. The bill would authorize suit against a person, pet dealer, as defined, or business that violates the above-described provisions in any court of competent jurisdiction for the recovery of money exchanged pursuant to that contract, injunctive relief, and other remedies the court deems appropriate. The bill would authorize a purchaser affected by a violation to bring a civil action pursuant to that provision against the person, pet dealer, or business in violation of the above-described provisions, and would entitle a prevailing plaintiff to reasonable attorney's fees and costs. The bill would also authorize the Attorney General, a county counsel, a district attorney, a city attorney, or a city prosecutor to enforce these provisions in an action brought in the name of the people of the State of California in any court of competent jurisdiction. The bill would require, if money has been exchanged pursuant to a contract that is void pursuant to these provisions, the seller to refund the money to the purchaser within 30 days of receiving notice that the contract is void without expectation that the purchaser return the contract subject. The bill would specify that these provisions do not limit a contract for the transfer of ownership of an animal by or to a governmental agency or the transfer of ownership of a guide, signal, or service dog, as specified. The bill would specify that these provisions do not apply to a public animal control agency or shelter.
Existing law generally regulates classes of insurance, including property and fire insurance. Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the department's powers and duties. Existing department regulations prohibit an insurer from using a rating plan that does not take into account and reflect specified wildfire risk mitigation, including property-level building hardening measures. This bill would require the department, on or before January 1, 2030, and every 5 years thereafter, to consider whether or not to update its regulations to include additional building hardening measures for property-level mitigation efforts and communitywide wildfire mitigation programs. As part of this consideration, the bill would require the department to consult with specified agencies to identify additional building hardening measures to consider, as well as to develop and implement a public participation process during the evaluation.