Existing law, known as the Cartwright Act, generally regulates trusts, which the act defines as a combination of capital, skill, or acts by 2 or more persons for certain purposes, including to create or carry out restrictions in trade or commerce. If a violator of the act is a corporation, the act punishes the violator by a fine of the greater of an amount not more than $1,000,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, as prescribed. If a violator of the act is an individual, the act punishes the violator by imprisonment of one, 2, or 3 years in a state prison or county jail, as specified, imprisonment of not more than one year in a county jail, by a fine of not more than the greater of $250,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, or by both a fine and imprisonment. This bill would increase the fine described above with respect to corporate violators to $6,000,000. The bill would also increase the fine described above with respect to an individual violator to $1,000,000. The bill would impose an additional civil penalty of $1,000,000 on a person, corporation, or business entity for violating the act, as prescribed. The bill would also make a technical change.
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. Existing law requires certain postsecondary educational institutions to be accredited by an accrediting agency recognized by the United States Department of Education to qualify as an independent institution of higher education to be eligible for certain programs and to receive an approval to operate. Existing laws applicable to, among other things, the licensure and regulation of various professions and vocations by the Department of Consumer Affairs require applicants for licensure or licensees to satisfy educational requirements by completing programs or degrees from institutions or universities accredited by a regional or national accrediting agency or association recognized by the United States Department of Education, or otherwise impose a requirement that a school or program be accredited by an accrediting agency recognized by the United States Department of Education. This bill would require, for purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, to retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025. The bill would repeal those provisions on January 1, 2030.
(1) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA and any applicable local ordinances to engage in commercial adult-use cannabis activity pursuant to that license, if conducted as prescribed. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a link to the social media platform's reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists, and a general description of its policies and procedures for responding to law enforcement inquiries. This bill, beginning on July 1, 2026, would require an online cannabis marketplace, as defined, to address in its terms of service whether it permits Californians to view the advertisements and business information of unlicensed sellers of cannabis or cannabis products on its marketplace and whether the marketplace verifies the licenses of sellers of cannabis or cannabis products whose advertisements and business information are viewable on its marketplace, as specified. The bill would require an online cannabis marketplace that does not verify those licenses to display a clear and conspicuous graphic that warns the consumer that the marketplace may be displaying, storing, or hosting unlicensed sellers of cannabis or cannabis products. This bill would require an online cannabis marketplace to establish a clear and conspicuous mechanism within its internet-based service that allows an individual to report to the online cannabis marketplace the display, storing, or hosting on the marketplace of advertisements from, or business information about, an unlicensed seller of cannabis or cannabis products. The bill would require the mechanism to provide the individual who submits a report with written confirmation of receipt of the report, periodic updates, and final written determination, as specified. This bill would impose certain penalties and relief depending on the violation of these provisions, as specified. (2) The Sherman Food, Drug, and Cosmetic Law regulates the packaging, labeling, and advertising of food, beverages, and cosmetics and authorizes the State Department of Public Health to adopt regulations for the enforcement of that law, as specified. That law imposes various requirements specific to the manufacture and sale of industrial hemp products that are food or beverages, including a requirement for a certificate of analysis from an independent testing laboratory that confirms that the THC concentration does not exceed a specified amount. Existing emergency regulations require that industrial hemp food, food additives, beverages, and dietary supplements intended for human consumption have no detectable THC per serving. This bill, beginning July 1, 2026, would require an online hemp marketplace, as defined, to establish a clear and conspicuous mechanism within its internet-based service that allows an individual to report to the online hemp marketplace an advertisement for an intoxicating hemp product on the marketplace, as specified. The bill would define "intoxicating hemp product" to include an inhalable hemp product, as further defined, with a detectable THC concentration. The bill would require the mechanism to provide the individual who submits a report with written confirmation of receipt of the report, periodic updates, and final written determination, as specified. The bill would impose specified penalties and relief for violations of these provisions. (3) Existing law imposes strict liability upon persons who place a defective product on the market, including retailers engaged in the business of distributing goods to the public, for injuries caused by the product. Existing law also provides that each person is responsible for an injury occasioned to another by that person's want of ordinary care or skill, commonly known as negligence, in the management of their property or person, unless the injured person has, willfully or by want of ordinary care, brought the injury upon themselves. This bill, beginning July 1, 2026, would prohibit an online marketplace from engaging in unlawful paid online advertising related to unlicensed sellers of cannabis or cannabis products or intoxicating hemp products, as specified. The bill would impose joint and several liability on an online marketplace that violates that prohibition, and is a substantial factor in an unlawful transaction between a consumer and an unlicensed seller of cannabis or a cannabis product, or between a consumer and a seller of an intoxicating hemp product, for damages caused to the consumer by the cannabis, cannabis product, or intoxicating hemp product, unless specified conditions are met. The bill would increase the amount that a prevailing plaintiff may recover depending on what the online marketplace had actual knowledge at the time of the unlawful transaction and whether the harm was suffered by a child, as described. The bill would provide various affirmative defenses to an action brought under these provisions, and would authorize an online marketplace to seek indemnification against an advertiser of cannabis, cannabis products, or intoxicating hemp products that misrepresented to the online marketplace that they were licensed or registered to sell that product, as specified. (4) This bill would state that its provisions are severable.
Existing law prescribes specified methods for the service of a summons in a civil action. Under existing law, if no provision is made in statute for the service of summons, a court may direct a summons to be served in a manner that is reasonably calculated to give actual notice to the party to be served. This bill would also authorize a court to direct a summons to be served in a manner that is reasonably calculated to give actual notice to the party to be served if a plaintiff, exercising reasonable diligence, has been unable to serve the summons using methods prescribed by statute. The bill would authorize a court, upon motion, to direct service of the summons by electronic means, if such service is reasonably calculated to give actual notice. The bill would require a plaintiff seeking to establish reasonable diligence under this section to set forth facts that detail, as specified, the attempts to effect service pursuant to the methods prescribed by statute. The bill would also except actions against public entities or agents or employees of public entities from these provisions.
Existing law, the California Self-Storage Facility Act, authorizes a self-storage facility owner to terminate the right of an occupant to the use of a storage space if rent or other charges due remain unpaid for 14 consecutive days by sending a lien notice and the total sum due has not been paid by the termination date specified in the preliminary lien notice, in accordance with specified procedures. Existing law authorizes an owner to send lien notices to the occupant by email if the rental agreement states that lien notices may be sent by email and the occupant provides a written signature on the rental agreement consenting to receive lien notices by email. Existing law specifies the ways an owner may demonstrate actual delivery and receipt of the lien notices sent by email, including by posting the document on the owner's secure internet website and there is evidence demonstrating that the occupant logged onto the licensee's secure internet website and downloaded, printed, viewed, or otherwise acknowledged receipt of the document. This bill, instead, would provide that an owner may demonstrate actual delivery and receipt of a lien notice by delivering the document to the occupant's email address and there is evidence demonstrating that the occupant downloaded, printed, viewed, opened, or otherwise acknowledged receipt of the document.
Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy for the licensure and regulation of pharmacists and pharmacies. Existing law authorizes a prescriber to dispense a dangerous drug, including a controlled substance, to an emergency room patient if specified requirements are met, including that the dangerous drug is acquired by the hospital pharmacy. This bill would, notwithstanding any other law, authorize a prescriber to dispense an unused portion of a dangerous drug acquired by the hospital pharmacy to an emergency room patient upon discharge if certain conditions are satisfied, including that the dangerous drug is not a controlled substance and that dispensing the unused portion of the dangerous drug is required to continue treatment of the patient. Existing law requires an automated drug delivery system (ADDS) that is installed, leased, owned, or operated in California to be licensed by the board. Existing law exempts an automated unit dose system (AUDS) , a type of ADDS, from licensure if the AUDS is used solely to provide doses administered to patients while in a licensed general acute care hospital facility or a licensed acute psychiatric hospital facility if the licensed hospital pharmacy owns or leases the AUDS and owns the dangerous drugs and dangerous devices in the AUDS. This bill would also exempt from licensure an AUDS that is used to dispense dangerous drugs to emergency room patients in accordance with specified requirements.
Existing law requires the State Department of Public Health to license and regulate home health agencies and to certify and regulate home health aides. Under existing law, a violation of these provisions or the rules and regulations promulgated under these provisions is a misdemeanor. Existing law specifically requires an applicant for certification as a home health aide to complete, among other requirements, a training program approved by the department. Under existing law, a certification for a home health aide is renewed every two years, and to renew an unexpired certificate, the certificate holder is required to apply for renewal on a form provided by the state, as specified. This bill would require that either a registered nurse or a licensed vocational nurse, as specified, provide the classroom or supervised practical training required for qualification as a certified home health aide. The bill would require an online or distance learning training program for home health aide certification or in-service training for certified home health aides to include specific requirements, including, among others, requiring a trainee to sign an affidavit attesting under penalty of perjury to confirm their identity while completing the program. By expanding the crime of perjury, this bill would impose a state-mandated local program. The bill would require these training programs, among other things, to allow the department access to monitor online or distance learning sessions. This bill would require a certified home health aide, seeking to renew their unexpired certificate, to submit evidence of completing at least 12 hours of in-service training during each 12-month period of the certification. By expanding the duties on home health agencies, applicants for certification as a certified home health aide, or certified home health aides, this bill would expand an existing crime, thereby imposing 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 requires the Commission on Teacher Credentialing to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires, as a minimum requirement for a preliminary multiple subject, single subject, or education specialist teaching credential, the satisfactory completion of a program of professional preparation, as specified. Existing law also authorizes the commission to issue a PK–3 early childhood education specialist instruction credential, as provided. This bill would require the commission, on or before March 1, 2027, to develop, establish, and promulgate through the regulatory process efficient routes for (1) teacher candidates to obtain (A) a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential, and (B) an education specialist credential, known as dual credentialing, as provided, (2) existing teachers who hold a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential to obtain an education specialist credential, and (3) existing teachers who hold an education specialist credential to obtain a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential, as provided.
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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements a change in use approved by a lead agency that is a park district or the Great Redwood Trail Agency to allow public access to preexisting paved and natural surface roads, preexisting trails, preexisting pathways, preexisting disturbed areas for vehicle parking, as specified, and rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail, in areas used exclusively for nonmotorized recreation, if certain conditions are met, including that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and does not involve a physical alteration of the affected area. Existing law requires, before making a determination to approve or carry out a change in use that is determined to be exempt from CEQA, the lead agency to, among other things, make a finding that the above-described criteria are met. Existing law requires the lead agency, if the lead agency determines that a change in use is not subject to CEQA pursuant to this exemption and determines to approve or carry out the activity, to file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk of the county in which the land is located, as provided. This bill would extend the above exemption to a lead agency that is a county park agency. The bill would remove the condition that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and would instead require the lead agency, before making the exemption determination, to adopt a natural resource management plan, or equivalent document, that includes appropriate identification of resources and management strategies for the affected area, as specified. The bill would instead require, as a condition of this exemption, that the change in use only involves minimal physical alterations and minimal improvements to the affected area, as specified. The bill would require the lead agency to make an additional finding that there is sufficient funding to implement the natural resource management plan, or equivalent document, and would require the finding, as well as the finding that the above-described criteria are met, to be based on substantial evidence. The bill would provide that its provisions do not apply where it is reasonably foreseeable that the provision of public access within a park or open space area will have a significant or cumulatively considerable effect on the environment. By imposing duties on public agencies related to the exemption, this 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 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 limits the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located. This bill would provide an exception to the limitation described above by authorizing the issuance of up to 20 additional new original on-sale general licenses, as specified, for bona fide public eating places located within a designated hospitality zone in the City and County of San Francisco, as defined. In order to authorize the issuance of additional licenses as described above, the bill would require an ordinance adopted by the local governing body of the City and County of San Francisco to designate or modify a hospitality zone to include specified information and findings. The bill would authorize the local governing body, in an ordinance designating or modifying a hospitality zone, to further limit, among other things, the maximum number of additional licenses to be issued within its hospitality zone. The bill would require the local governing body to submit the ordinance to the department upon the adoption of an ordinance to modify or repeal a hospitality zone. The bill would require any ordinance to establish, modify, or repeal a hospitality zone to be effective commencing the following July 1. The bill would require the department to follow specified procedures concerning the issuance of these licenses, and would authorize the department to designate these licenses as on-sale general for special use. The bill would prohibit licenses issued under its provisions from being, among other things, transferred from one county to another. If one of those licenses is canceled or revoked, the bill would authorize the department to issue an additional license. The bill would prohibit the department from issuing any license under these provisions after July 1, 2033. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
(1) Existing law authorizes the State Water Resources Control Board to hold proceedings to determine all rights to water of a stream system whether based upon appropriation, riparian right, or other basis of right. Existing law provides various requirements for the board when determining adjudication of water rights, including, among other things, performing a detailed field investigation of a stream system, as defined, issuing an order of determination, providing notice and a hearing process, and filing a final order. This bill would revise the above-described provisions regarding the board's statutory adjudication of water rights during an investigation of a stream system to, among other things, require representatives of the board to investigate in detail the use of water with the authority, but no requirement, to conduct a field investigation, authorize the board, if the board determines that the information provided by the person, as specified, is inadequate, to issue information orders that require claimants to submit reports of water use from the stream system through a form provided by the board, and require claimants to respond to that order within 75 days of the date of issuance by the board. (2) Existing law establishes procedures for reconsideration and amendment of specified decisions and orders of the board. Existing law authorizes any party aggrieved by a specified decision or order of the board to file, not later than 30 days from the date of final board action, a petition for writ of mandate for judicial review of the decision or order. This bill would apply the procedures for reconsideration, amendment, and judicial review to decisions and orders of the board issued pursuant to the provisions described above.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. Existing law requires that a copy of the Mobilehome Residency Law be provided as an exhibit and incorporated into the rental agreement by reference, as specified. Existing law also requires that a copy of a specified notice containing the rights and responsibilities of homeowners and park managers be included in the rental agreement and requires management to provide a copy of the notice to all homeowners each year, as specified. Existing law requires these and other notices required by the Mobilehome Residency Law to be either personally delivered to the homeowner or sent by mail, as specified, to the homeowner, unless otherwise provided. Existing law allows all notices required by the Mobilehome Residency Law to be delivered before February 1 of each year to be combined into one notice, as specified. This bill would, instead, require notices required by the Mobilehome Residency Law to be delivered to both the homeowner and resident of the mobilehome. The bill would also authorize the notices required by the Mobilehome Residency Law to be delivered prior to February 1 of each year to be delivered by electronic mail if the homeowner or resident has provided affirmative, written consent, as defined. The bill would allow a homeowner or resident to revoke their consent to receive notices by electronic mail at any time, without any fee, charge, or penalty, and without any impact to the terms of their tenancy, as specified. The bill would require management to deliver personally or by mail to the homeowner or resident a notice stating that the homeowner or resident has agreed to receive notices by electronic mail and may revoke this agreement, as provided. This bill would make nonsubstantive changes reflective of existing law, as provided.
