3.1 — Town Council Legislative Committee, July 28, 2026

TO: Mayor and Town Council July 28, 2026
SUBJECT: July Legislative Report

BACKGROUND
Legislative activity slowed during the month of July as the Legislature adjourned for its annual summer recess. Prior to the recess, policy committees had until July 2 to refer bills either to the fiscal committees or directly to the floor for consideration. Bills that did not advance out of policy committees by the deadline are considered inactive for the remainder of the 2026 legislative session. The Legislature will reconvene on August 3, after which fiscal committees will have until August 14 to refer fiscal bills to the floor.

Each house must pass bills by August 31 before they are sent to the Governor for consideration.

DISCUSSION
The Town’s Legislative Committee follows legislation that is identified as a priority through the Tri-Valley Cities Coalition and by the Danville Town Council based upon the Town’s legislative framework.

The Tri-Valley Cities Legislative Framework identifies seven focus areas for the 2026 State Legislative session including: Transportation and Infrastructure, Climate, Environment, and Health, Public Safety, Economic Development, Affordable Housing and Homelessness, Mental Health, and Fiscal Sustainability and General Governance. The bills and positions that are a priority for the Tri-Valley coalition are discussed in the second half of this report.

The following bills have been identified as having an impact on Danville.

AB 1421 (Wilson) Vehicles: Road Usage Charge Technical Advisory Committee This bill would require the California Transportation Commission, in consultation with the Transportation Agency, to consolidate and prepare research and recommendations related to a road user charge or a mileage-based fee system. The bill would require the commission to submit a report on the research and recommendations to the appropriate policy and fiscal committees for the Legislature no later than January 1, 2027. The bill would require the commission to consult with appropriate state agencies and other July Legislative Update 2 July 28, 2026
stakeholders in preparing the research and recommendations. (Fiscal Sustainability & General Governance) This bill failed to pass Senate policy committees and is marked inactive for the remainder of the session.

Position: Watch
SB 1408 (Arreguin) Contra Costa Transportation Authority: transactions and use tax.

This bill would authorize, until January 1, 2024, the Contra Costa Transportation Authority to impose a transactions and use tax for the support of countywide transportation programs at a rate of no more than 1%. (Transportation & Infrastructure) Position: Support
AB 2007 (Bauer-Kahan) Youth programs: identifying information of youth.

This bill requires entities or organizations that operate youth programming to obtain the parent or guardian’s expressed written consent to using certain identifying information of a youth including their picture, video, audio recording, likeness, and attributed statements, for communications, marketing, or other purpose that exposes that information to the public. Notice of consent would need to be contained on a single document or separate page within an online form. (Fiscal Sustainability & General Governance)
Recommended Position: Support if Amended
The following bill(s) have been identified as legislation to track during the 2026 Legislative Session by the Tri-Valley Cities Coalition.

AB 762 (Irwin) Disposable, battery-embedded vapor inhalation devices: prohibition and penalties.

This bill would prohibit, beginning January 1, 2027, a person from importing or manufacturing for sale in this state a new or refurbished disposable, battery-embedded vapor inhalation device, and, beginning January 1, 2028, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. This bill also authorizes local agencies to enforce the ban by imposing civil liability on a person or entity in violation of the ban. (Climate, Environment & Health)
TVC Position: Support
AB 1383 (McKinnor) Public employees’ retirement benefits.

This bill would authorize a public employer and recognized employee organization to negotiate a prospective increase to the Defined Benefit (DB retirement formulas for existing and new safety plan members by: (1) lowering the benefit factor from age 57 to 55 for three existing safety DB retirement formulas, and (2) create a fourth PEPRA safety DB retirement formula of three percent (3%) at age 55. (Fiscal Sustainability & General Governance)
TVC Position: Oppose
July Legislative Update 3 July 28, 2026
AB 1569 (Davies) Pupil safety: electric bicycle parking: safety and training program.

This bill would require, on or before March 1, 2028, the State Department of Education and the Department of Highway Patrol to develop a standardized electric bicycle safety and training program for children in grades 7 to 12. (Public Safety) TVC Position: Watch
AB 1614 (Dixon) Vehicles: bicycles.

This bill would require a person operating a bicycle, including electric bicycles, on a Class I bikeway to ride on or astride a permanent or regular seat unless designed to be ridden without a seat. The bill also requires passengers to be on a separate seat attached to the bicycle. (Public Safety) This bill passed through the Legislature and has been approved by the Governor.

TVC Position: Support
AB 1632 (Johnson) Trespass.

Existing law requires a property owner, or owner’s agent, that makes a single request for peace officer assistance with trespassing when there is a fire hazard to the premises or property, the owner is absent from the premises or property, or the premises or property is closed to the public and posted as being closed for a period not exceeding 12 months.

Existing law also requires the requestor to notify the requested law enforcement agency when assistance is no longer needed by submitting a notarized form. This bill would remove the requirement that the submitted form be notarized and would instead require the request to include a written declaration that the requestor is the owner of the property and has legal authority to request assistance. (Public Safety) TVC Position: Support
AB 1738 (Carrillo) State Housing Law: remote inspections.

This bill would require a city, including a charter city, county, or city and county to offer a homeowner the option of requesting remote inspections for all or a subset of an inspection required by a building permit for specified works in one- or two-family dwelling units, by July 1, 2028. (Fiscal Sustainability & General Governance) TVC Position: Oppose unless Amended
AB 1751 (Quirk-Silva) Missing Middle Townhome Ownership Act This bill would authorize a development proponent to submit an application for a townhome housing development project that is subject to a prescribed ministerial approval process if the development complies with certain procedural requirements and satisfies specified objective planning standards. The bill would also require a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a townhome development project that meets all specified requirements, including that the proposed subdivision will result in parcels and residential units that will meet prescribed densities and that the newly created parcels July Legislative Update 4 July 28, 2026
are no smaller than 600 square feet. (Affordable Housing & Homelessness) TVC Position: Oppose
AB 1821 (Pacheco) California Public Records Act: agency response time.

This bill would authorize agencies to extend the response time to public record requests to 10 business days, and 14 business days under unusual circumstances. (Fiscal Sustainability & General Governance)
TVC Position: Support
AB 1997 (Lee) Land use: housing development approvals: timelines and processes.

This bill would prohibit a plan, entitlement, or permit that has been approved by a previous local utility or agency from being overturned or revised by a subsequent utility or agency, unless the development proponent makes a material change to the project, as described. This bill would reduce various of those approval or disapproval timelines under the Permit Streamlining Act and would also require project approval or disapproval within 30 days from the date of certification by the lead agency of the EIR, if the EIR is prepared pursuant to specified provisions of CEQA and certain other conditions are met. (Affordable Housing & Homelessness) TVC Position: Watch
AB 2346 (Dixon) Vehicles: electric bicycles and speed limits.

This bill would require class 2 electric bicycles manufactured, sold, or offered for sale on or after January 1, 2029, to be equipped with a speedometer. This bill would also authorize a local authority to set a speed limit on a bicycle path or on a multiuse trail of 10, 15, or 20 miles an hour, subject to specified signage requirements, that did not have a speed limit established prior to January 1, 2029. (Public Safety) TVC Position: Support
SB 222 (Weiner) Residential heat pump water heater or heat pump HVAC systems.

This bill would explicitly state that a fee, charge, or surcharge imposed by or for a local agency to recover the cost of street maintenance and repair and other costs associated with the use of its streets, roads, or highways to provide public service or public. (Transportation & Infrastructure)
TVC Position: Support
July Legislative Update 5 July 28, 2026
SB 959 (Grayson) Average daily attendance: emergencies: major safety hazard.

Existing law allows local law enforcement agencies to determine an imminence of a major safety hazard resulting in school closure without impacting the average daily attendance for funding purposes. This bill would extend the authority to make the determination of the imminence of a major safety hazard to local fire agencies. (Public Safety) TVC Position: Support
SB 1167 (Blakespear) Vehicles: electric bicycles.

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, motordriven cycles and mopeds. The bill would additionally make a violation of this provision a misleading statement for purposes of unfair competition and false advertising provisions of the Business and Professions Code. (Public Safety) TVC Position: Support
Conclusion
It is recommended that the Town Council Legislative Sub-Committee accept this report and direct any questions and/or direction to Town legislative staff.

Prepared by:

Cat Bravo
Management Analyst
Reviewed by:

Tai J. Williams
Town Manager
Attachment A – Bill Summaries/Analysis

AMENDED IN ASSEMBLY JANUARY 5, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1421
Introduced by Assembly Member Wilson
(Coauthor: Assembly Member Aguiar-Curry)
February 21, 2025
An act to amend Section 3093 of add Section 3092.7 to the Vehicle Code, relating to vehicles.
legislative counsel’s digest
AB 1421, as amended, Wilson. Vehicles: Road Usage Charge Technical Advisory Committee.

Existing law requires the Chair of the California Transportation Commission to create a Road Usage Charge Technical Advisory Committee in consultation with the Secretary of Transportation to guide the development and evaluation of a pilot program assessing the potential for mileage-based revenue collection as an alternative to the gas tax system. Existing law additionally requires the Transportation Agency, in consultation with the commission, to implement the pilot program, as specified. Existing law repeals these provisions on January 1, 2027.

This bill would extend the operation of the above-described provisions until January 1, 2035. The bill would also make related findings and declaration.

This bill would require the commission, in consultation with the Transportation Agency, to consolidate and prepare research and recommendations related to a road user charge or a mileage-based fee system. The bill would require the commission to submit a report, as specified, on the research and recommendations described above to

Revised 1-13-26—See last page. 98
the appropriate policy and fiscal committees of the Legislature by no later than January 1, 2027. The bill would require the commission to consult with appropriate state agencies and other stakeholders, as specified, in preparing the research and recommendations and report described above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 3092.7 is added to the Vehicle Code, to line 2 read:
line 3 3092.7. (a)  The California Transportation Commission, in line 4 consultation with the Transportation Agency, shall consolidate line 5 and prepare research and recommendations related to a road user line 6 charge or a mileage-based fee system. The research and line 7 recommendations shall incorporate existing findings from state line 8 and academic sources, including the report prepared by the line 9 Transportation Agency pursuant to Section 3092.5. line 10 (b)  By no later than January 1, 2027, the commission shall line 11 prepare and submit a report in compliance with Section 9795 of line 12 the Government Code to the appropriate policy and fiscal line 13 committees of the Legislature on the research and line 14 recommendations described in subdivision (a). The report shall line 15 cover all of the following topics:
line 16 (1)  The current and future inequities related to low-income line 17 drivers commuting farther in less efficient vehicles. line 18 (2)  The impact of a weight-per-mile fee for commercial and line 19 electric vehicles on the motor vehicle industry. line 20 (3)  Regional and state solutions for implementing a road user line 21 charge in California, including capturing out-of-state vehicles. line 22 (c)  In preparing the research and recommendations specified line 23 in subdivision (a) and the report described in subdivision (b), the line 24 commission shall consult with all of the following:
line 25 (1)  Appropriate state agencies, which may include, but are not line 26 limited to, the Department of Transportation, the Department of line 27 Motor Vehicles, the California Department of Tax and Fee line 28 Administration, and the Controller.
line 29 (2)  Representatives of local governments.
line 30 (3)  Regional transportation planning agencies. 98 AB 1421 — 2 —
line 1 (4)  Privacy and data security experts.
line 2 (5)  Equity and environmental justice organizations. line 3 (6)  Academic researchers.
line 4 (7)  Transportation user groups.
line 5 (8)  Organizations representing zero-emission vehicle owners line 6 and manufacturers.
line 7 (9)  Any other stakeholders the commission deems appropriate. line 8 SECTION 1. The Legislature finds and declares all of the line 9 following:
line 10 (a)  State funding for transportation comes mainly from six line 11 different fuel taxes and vehicle fees dedicated to specific purposes. line 12 These sources generated about $14,000,000,000 in the 2023–24 line 13 fiscal year.
line 14 (b)  The gasoline excise tax is by far the largest of these charges. line 15 The tax is 57.9 cents per gallon and generated about line 16 $7,800,000,000 in fiscal year 2023–24.
line 17 (c)  California relies on gasoline and diesel tax revenue to build line 18 and maintain its highways, public transit, and other transportation line 19 infrastructure, which is a problem in a state aggressively pushing line 20 a transition to electric vehicles (EVs).
line 21 (d)  Since the passage of Senate Bill 1 (Chapter 5, Statutes of line 22 2017), gas taxes have begun to lag, in large part due to Californians line 23 adopting lower emission vehicles. The state’s climate goals, line 24 including the switch to zero-emission vehicles (ZEVs) and line 25 reductions in statewide per capita vehicle miles traveled for line 26 light-duty vehicles, are projected to reduce fuel tax revenues in line 27 the coming years.
line 28 (e)  California’s gas revenues have steadily increased over the line 29 last decade as lawmakers hike tax rates, but that curve is projected line 30 to turn downwards as more drivers switch to EVs. line 31 (f)  Californians have purchased more than a million EVs in the line 32 last four years, according to the California Energy Commission. line 33 Those numbers will continue to increase as a result of the state’s line 34 mandate for all new car sales to be ZEVs by 2035. line 35 (g)  The Legislative Analyst’s Office projects revenues will line 36 decline by as much as $2,000,000,000 annually by 2030 and up line 37 to $4,000,000,000 annually by 2035. A study by the Mineta line 38 Transportation Institute estimated a reduction in revenues of line 39 between $4,800,000,000 and $12,100,000,000 by 2040. 98 — 3 — AB 1421
line 1 (h)  The California Transportation Commission projects that the line 2 state will collect $31,300,000,000 less in fuel excise tax revenue line 3 due to increased fuel efficiency and the proliferation of ZEVs over line 4 the next decade.
line 5 (i)  Collectively, various states and the federal government have line 6 undertaken research and exploration of possible revenue line 7 mechanisms to supplement or replace the fuel excise tax. line 8 (j)  In 2014, the Legislature passed Senate Bill 1077 (Chapter line 9 835, Statutes of 2014) which created the Road Usage Charge line 10 Technical Advisory Committee (RUC TAC). The RUC TAC was line 11 charged with the development and evaluation of an authorized line 12 pilot program to assess the potential for a mileage-based financing line 13 mechanism for California’s roads and highways as an alternative line 14 to the fuel excise tax system.
line 15 (k)  In 2017, California completed the SB 1077 pilot program, line 16 which enrolled more than 5,000 vehicles that reported more than line 17 37,000,000 miles over a nine-month period. Importantly, the line 18 collection of revenue was simulated in the pilot program through line 19 mock invoices and payments.
line 20 (l)  The final pilot program report found further testing of the line 21 revenue collection processes should be the next step to undertake line 22 in order for California to evaluate revenue flows and identify line 23 challenges, efficiencies, and synergies for possible road user charge line 24 implementation.
line 25 (m)  Presently, the state is analyzing the financial impacts of a line 26 road user charge on supercommuters, as well as additional line 27 engagement with rural communities and tribal nations to better line 28 inform constituencies on a road charge concept. line 29 (n)  The benefit of a road use charge is that it could be structured line 30 to provide gas tax relief to low-income drivers. line 31 (o)  Implementing a road use charge in a way that appeals to line 32 both low- and moderate-income households and urban and rural line 33 communities across the state’s diverse geography will require line 34 significant education, negotiation, and compromise. line 35 SEC. 2. Section 3093 of the Vehicle Code is amended to read:
line 36 3093. This chapter shall remain in effect only until January 1, line 37 2035, and as of that date is repealed, unless a later enacted statute, line 38 that is enacted before January 1, 2035, deletes or extends that date. 98 AB 1421 — 4 —
line 1
line 2 REVISIONS:
line 3 Heading—Line 2.
line 4
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98 — 5 — AB 1421

AMENDED IN SENATE APRIL 14, 2026
AMENDED IN SENATE MARCH 23, 2026
SENATE BILL No. 1408
Introduced by Senator Arreguín
February 20, 2026
An act to add and repeal Chapter 3.66 (commencing with Section 7290.7) of Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to transportation.
legislative counsel’s digest
SB 1408, as amended, Arreguín. Contra Costa Transportation Authority: transactions and use tax.

Existing law authorizes various local governmental entities, subject to certain limitations and approval requirements, to levy a transactions and use tax for general purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%.

This bill would authorize, until January 1, 2045, the Contra Costa Transportation Authority to impose a transactions and use tax for the support of countywide transportation programs at a rate of no more than 1% that would, in combination with other transactions and use taxes, exceed the above-described combined rate limit of 2%, if the ordinance proposing the tax is approved by the voters, subject to applicable voter approval requirements, as specified. The bill would provide that a transactions and use tax rate imposed pursuant to the bill will not be considered for purposes of that combined rate limit described above.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Contra Costa.

97 Vote: majority. Appropriation: no. Fiscal committee: no.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 3.66 (commencing with Section 7290.7) line 2 is added to Part 1.7 of Division 2 of the Revenue and Taxation line 3 Code, to read:
line 4
line 5 Chapter 3.66. Local Government Finance in the County line 6 of Contra Costa
line 7
line 8 7290.7. (a)  Notwithstanding any other law, the Contra Costa line 9 Transportation Authority may impose or extend a transactions and line 10 use tax for the support of countywide transportation programs at line 11 a rate of no more than 1 percent that would, in combination with line 12 all taxes imposed pursuant to Part 1.6 (commencing with Section line 13 7251), exceed the limit established in Section 7251.1, if all of the line 14 following requirements are met:
line 15 (1)  The Contra Costa Transportation Authority adopts an line 16 ordinance proposing the transactions and use tax by any applicable line 17 voting approval requirement.
line 18 (2)  The ordinance proposing the transactions and use tax is line 19 submitted to the electorate and is approved by the voters voting line 20 on the ordinance in accordance with the California Constitution. line 21 (3)  The transactions and use tax conforms to the Transactions line 22 and Use Tax Law (Part 1.6 (commencing with Section 7251)), line 23 other than Section 7251.1.
line 24 (b)  Notwithstanding Section 7251.1, a transactions and use tax line 25 rate imposed pursuant to subdivision (a) shall not be considered line 26 for purposes of the combined rate limit established by Section line 27 7251.1.
line 28 7290.8. If an ordinance proposing the transactions and use tax line 29 authorized by this chapter is not approved pursuant to Section line 30 7290.7 on or before January 1, 2045, this chapter shall be repealed line 31 on January 1, 2045.
line 32 SEC. 2. The Legislature finds and declares that a special statute line 33 is necessary and that a general statute cannot be made applicable line 34 within the meaning of Section 16 of Article IV of the California 97 SB 1408 — 2 —
line 1 Constitution because of the unique circumstances in the County line 2 of Contra Costa.

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97 — 3 — SB 1408

AMENDED IN SENATE JULY 2, 2026
AMENDED IN SENATE JUNE 15, 2026
AMENDED IN ASSEMBLY MARCH 17, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 2007
Introduced by Assembly Member Bauer-Kahan
(Coauthors: Assembly Members Macedo and Pellerin)
February 17, 2026
An act to add Chapter 2.10 (commencing with Section 18985) to Division 8 of the Business and Professions Code, relating to youth programs.
legislative counsel’s digest
AB 2007, as amended, Bauer-Kahan. Youth programs: identifying information of youth.

Existing law makes a person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person’s prior consent, or, in the case of a minor, the prior consent of the person’s parent or legal guardian, liable for damages, as specified, among other remedies, as prescribed. Existing law generally regulates organizations and businesses that provide athletic, instructional, or other services to minors by imposing disclosure, training, background check, and child abuse prevention requirements on those entities and their personnel.

This bill would prohibit an entity or organization that operates a specified nonschool youth programs program from using certain

96 identifying information of a youth, including their picture, video, audio recording, likeness, and attributed statements, for communications, marketing, educational, or training purposes unless the program obtains express written consent from the parent or guardian after providing specified notice, as provided. or other purpose that exposes that information to the public unless the entity or organization obtains the parent or guardian’s express written consent on a specified notice. The bill would prohibit the program entity or organization from making participation contingent upon providing consent or selling that youth information. a youth’s enrollment or participation in the program contingent upon a parent or guardian consenting to the program’s use of the youth’s information for any communications, marketing, or other purpose that exposes that information to the public. The bill would authorize a parent or guardian to revoke consent at any time during the youth’s enrollment in the covered program and up to one year after the youth is no longer enrolled in the program, and would require a covered entity to remove that information from communications, marketing, educational, and training materials within 7 days of receiving a notice of consent revocation. consent, as specified.

The
This bill would authorize a parent or guardian to bring a civil action against a program an entity or organization for noncompliance with these provisions and would provide for specified remedies, including, among others, specified civil penalties per youth who has had their the youth’s information disclosed and injunctive or declaratory relief.

Vote: majority. Appropriation: no. Fiscal committee: no yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 2.10 (commencing with Section 18985) line 2 is added to Division 8 of the Business and Professions Code, to line 3 read:
line 4
line 5 Chapter 2.10. Use of Youth Information by Youth
line 6 Programs
line 7
line 8 18985. (a)  For purposes of this section:
line 9 (1)  “Covered entity” means an entity or organization that line 10 operates a covered program.
96 AB 2007 — 2 —
line 1 (1)
line 2 (2)  (A)  “Covered entity” program” means a program or activity line 3 activity, including, but not limited to, a program related to line 4 expanded learning, visual or performing arts, athletics, recreation, line 5 or educational enrichment or a day or overnight camp, that line 6 requires a parent signature, consent form authorization, or an event line 7 in which a parent designates authority for an organization to act line 8 in loco parentis, that is offered primarily to youth outside of school line 9 hours, including periods when school is not in session, and that is line 10 not operated by a public or private elementary or secondary school, line 11 that may include, but is not limited to, programs related to line 12 expanded learning, visual or performing arts, athletics, recreation, line 13 or educational enrichment. meets both of the following criteria:
line 14 (i)  The program or activity requires a parent signature or line 15 consent form authorization, or the program or activity is an event line 16 in which a parent provides written authorization for an line 17 organization to act in loco parentis.
line 18 (ii)  The program or activity is offered primarily to youth outside line 19 of school hours, including periods when school is not in session, line 20 and is not operated by a public or private elementary or secondary line 21 school.
line 22 (B)  A covered entity does not include a business that is hosting line 23 or participating in a covered entity’s covered program or activity line 24 for a field trip or other occasional activity, including, but not line 25 limited to, amusement or water parks, zoos, aquariums, restaurants, line 26 state or county fairs, and movie theaters.
line 27 (2)
line 28 (3)  “Covered information” means a picture, video, audio line 29 recording, likeness, attributed statement, personal information, as line 30 that term is defined in Section 1798.140 of the Civil Code, or any line 31 other identifying information.
line 32 (3)
line 33 (4)  “Expanded learning” has the same meaning as that term is line 34 defined in subdivision (a) of Section 8482.1 of the Education Code. line 35 (4)
line 36 (5)  (A)  “Marketing purposes” means promotions, newsletters, line 37 brochures, social media, or other public-facing materials that line 38 describe the programs a covered program or solicit participation. line 39 (B)  “Marketing purposes” does not include materials shared line 40 with a parent or guardian of a youth participating in the program, 96 — 3 — AB 2007
line 1 provided that the materials cannot be accessed by the general line 2 public.
line 3 (5)
line 4 (6)  “Public or private elementary or secondary school” means line 5 either of the following:
line 6 (A)  An elementary or secondary school operated by the line 7 governing board of a school district or county office of education, line 8 education or the governing body of a charter school. line 9 (B)  An elementary or secondary school that has filed an affidavit line 10 with the Superintendent of Public Instruction, Instruction and line 11 which that reports a total enrollment of six or more students. line 12 (b)  A covered entity shall not make a youth’s enrollment or line 13 participation in a covered program contingent upon a parent or line 14 guardian consenting to the covered program’s use of the youth’s line 15 covered information for any communications, marketing, or other line 16 purpose that exposes that information to the public. line 17 (b)
line 18 (c)  (1)  A covered entity shall not use a youth’s covered line 19 information for a communications, marketing, educational, or line 20 training purpose unless the covered entity obtains the express line 21 written or electronic signature of the parent or guardian of the line 22 youth on a notice or other purpose that exposes that information line 23 to the public unless the covered entity obtains the parent or line 24 guardian’s express written consent on a notice that complies with line 25 all of the following:
line 26 (A)  The notice communicates the requested uses of the youth’s line 27 covered information clearly and meaningfully, including a detailed line 28 list, including, but not limited to, all websites, brochures, or other line 29 materials or media where the covered entity is requesting to use line 30 the youth’s covered information. description of any proposed use line 31 of the youth’s covered information, including a description of the line 32 types of materials or media in which the information may be used line 33 and a list of internet websites on which the covered information line 34 may be published.
line 35 (B)  The notice is contained in a single document or single line 36 internet website separate page within an online form that is line 37 separate from enrollment forms, waivers of liability, and any other line 38 document.
line 39 (C)  The notice includes, in clear and understandable language, line 40 that the parent or guardian is providing consent for use of the 96 AB 2007 — 4 —
line 1 youth’s covered information for communications, marketing, line 2 educational, or training purposes and includes a detailed list of all line 3 types of communications, marketing, educational, or training line 4 purposes for which consent is sought. or other purpose that exposes line 5 that information to the public as communicated in the description line 6 required by subparagraph (A).
line 7 (D)  The notice includes, in clear and understandable language, line 8 that the parent or guardian may revoke consent at any time and line 9 provides an electronic mail address for submitting revocation. line 10 clearly and conspicuously states that the youth’s enrollment or line 11 participation is not contingent upon consent.
line 12 (2)  A covered entity shall not make enrollment or participation line 13 contingent upon a parent or guardian providing consent pursuant line 14 to this subdivision, and the notice shall clearly and conspicuously line 15 state that enrollment or participation is not contingent upon consent. line 16 (E)  The notice provides an electronic mail address at which the line 17 parent or guardian can contact the covered program relating to line 18 the scope of consent, revocation of consent, or other issues relating line 19 to a youth’s covered materials.
line 20 (3)
line 21 (2)  A covered entity shall not sell covered information of a line 22 youth for any reason, regardless of whether the parent or guardian line 23 consented to that use pursuant to paragraph (1). line 24 (4)
line 25 (3)  (A)  A parent or guardian may revoke consent through the line 26 electronic mail address provided pursuant to subparagraph (E) line 27 of paragraph (1) at any time during the youth’s enrollment in the line 28 covered program and up to one year after the youth is no longer line 29 enrolled in the program.
line 30 (B)  A covered entity shall remove the youth’s covered line 31 information from communications, marketing, educational, and line 32 training materials within seven days of receiving a notice of consent line 33 revocation.
line 34 (C)
line 35 (B)  This paragraph does not require a covered entity to remove line 36 covered information from communications, marketing, educational, line 37 or training materials that were published or printed prior to before line 38 receiving a notice revoking consent.
line 39 (c)
96 — 5 — AB 2007
line 1 (d)  (1)  A parent or guardian may bring a civil action in a court line 2 of competent jurisdiction against a covered entity for a violation line 3 of this section.
line 4 (2)  A parent or guardian who prevails in a civil action pursuant line 5 to this subdivision may be awarded any of the following relief:
line 6 (A)  Up to two thousand five hundred dollars ($2,500) for the line 7 first offense and five thousand dollars ($5,000) for any subsequent line 8 offenses, or a lesser amount as determined by the court, per youth line 9 who has had their the youth’s covered information disclosed. line 10 (B)  Injunctive or declaratory relief.
line 11 (C)  Reasonable attorney’s fees and costs.
line 12 (D)  Any other relief the court deems appropriate. line 13 (d)
line 14 (e)  This section does not impair or impede any other rights, line 15 causes of action, claims, or defenses available under any other line 16 law, including, but not limited to, Section 3344 of the Civil Code. line 17 The remedies provided in this section are cumulative with any line 18 other remedies available under any other law.

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96 AB 2007 — 6 —
AMENDED IN SENATE JUNE 30, 2026
AMENDED IN SENATE JUNE 22, 2026
AMENDED IN ASSEMBLY JANUARY 26, 2026
AMENDED IN ASSEMBLY JANUARY 14, 2026
AMENDED IN ASSEMBLY MARCH 28, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 762
Introduced by Assembly Member Irwin
February 18, 2025
An act to amend, add, and repeal Section 22974.2 of the Business and Professions Code, and to add Chapter 5.1 (commencing with Section 42260) to Part 3 of Division 30 of the Public Resources Code, relating to vapor inhalation devices.
legislative counsel’s digest
AB 762, as amended, Irwin. Disposable, battery-embedded vapor inhalation device: prohibition. prohibition and penalties. (1) Existing law regulates the manufacture, sale, and disposal of various single-use products, including single-use foodware accessories and condiments and single-use carryout bags. Existing law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. Existing law defines terms for these purposes.

94 January 1, 2028, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a “disposable, battery-embedded vapor inhalation device” to mean a vaporization device that contains a tobacco product, as defined, but not cannabis or a cannabis product, as defined, and that is not designed or intended to be reused, as specified.

Existing law authorizes a city, county, city and county, or the state, to impose civil liability on a person or entity that knowingly violated, or reasonably should have known that it violated, provisions relating to the above-described carryout bag prohibition in specified fine amounts, including $1,000 per day for the first violation. Existing law requires any civil penalties collected to be paid to whichever office brought the action, as specified, and authorizes the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce those provisions.

This bill would authorize a city, a county, a city and county, or the state, to enforce the above-described disposable, battery-embedded vapor inhalation device prohibition and to impose civil liability on a person or entity in violation of the prohibition in specified fine amounts, including $500 for the first violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, as specified, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce these provisions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition.

The bill would make any person who violates the above-described disposable battery-embedded vapor inhalation device prohibition guilty of an infraction punishable by a fine of not more than $500. By expanding the scope of an infraction, this bill would impose a state-mandated local program.
(2) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products by the State Board of Equalization.

Existing law requires every person desiring to engage in the sale of cigarettes or tobacco products as, among other things, a wholesaler to file with the board an application for a license, as specified. Existing 94 AB 762 — 2 —
law authorizes the California Department of Tax and Fee Administration to suspend or revoke a license described above, as specified, of any importer or any manufacturer that has failed to comply with specified provisions relating to monthly reporting of distributors and wholesale costs.

This bill would authorize the department to revoke or suspend any license to engage in the sale of cigarettes or tobacco products of any person with a license who is in violation of the above-described prohibition for a disposable, battery-embedded vapor inhalation device containing a tobacco product.

The bill would specify that any penalty described above is in addition to the other penalties authorized by the bill. The bill would require costs incurred by a state agency in carrying out these provisions to be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons. The bill would make its provisions severable.
(2) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, importers, distributers, wholesalers, and retailers of cigarettes and tobacco products. Existing law prohibits the retail sale of any flavored tobacco product or tobacco product flavor enhancer, as specified.

Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers, to seize those products, as specified. Existing law requires the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures. Existing law requires those civil penalties be deposited into the Cigarette and Tobacco Products Compliance Fund, which is available upon appropriation by the Legislature.

This bill would, beginning January 1, 2028, also include the unlawful sale or offering for sale, as specified, of a disposable battery-embedded vapor inhalation device containing a tobacco product by a retailer within the conduct subject to those provisions.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement. 94 — 3 — AB 762
This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 22974.2 of the Business and Professions line 2 Code is amended to read:
line 3 22974.2. (a)  (1)  Notwithstanding any other provision of this line 4 division, upon discovery by the department or a law enforcement line 5 agency that a retailer possesses, stores, owns, or has made a retail line 6 sale of flavored tobacco products or tobacco product flavor line 7 enhancers in violation of Section 104559.5 of the Health and Safety line 8 Code, the department or the law enforcement agency may seize line 9 the flavored tobacco products or tobacco product flavor enhancers line 10 at the retail location or any other person’s location. line 11 (2)  Any flavored tobacco products or tobacco product flavor line 12 enhancers seized by a law enforcement agency shall be delivered line 13 to the department, or its designee, within 30 days, unless the seized line 14 flavored tobacco products or tobacco product flavor enhancers line 15 shall be destroyed by that law enforcement agency, or unless the line 16 seized flavored tobacco products or tobacco product flavor line 17 enhancers are otherwise required to be used as evidence in an line 18 administrative, criminal, or civil proceeding, or as part of an line 19 ongoing law enforcement operation. Any flavored tobacco products line 20 or tobacco product flavor enhancers seized by the department or line 21 delivered to the department by a law enforcement agency shall be line 22 deemed forfeited to the state and the department shall comply with line 23 procedures set forth in Chapter 7.5 (commencing with Section line 24 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. line 25 (b)  (1)  In addition to seizure and forfeiture of the flavored line 26 tobacco products or tobacco product flavor enhancers under line 27 subdivision (a), the department shall issue a civil penalty against line 28 the retailer equal to fifty dollars ($50) per individual package of line 29 flavored tobacco product or tobacco product flavor enhancer seized line 30 or delivered to the department by a law enforcement agency line 31 regardless of the authority used by the law enforcement agency to line 32 seize the flavored tobacco product or tobacco product flavor line 33 enhancer. The department shall issue the civil penalty in accordance 94 AB 762 — 4 —
line 1 with the procedures applicable to the civil penalty authorized under line 2 Section 22974.7.
line 3 (2)  In the case of a second seizure and forfeiture of flavored line 4 tobacco products or tobacco product flavor enhancers under line 5 subdivision (a), the department shall suspend the license of the line 6 retailer, in accordance with the procedures set forth in Section line 7 22980.3.
line 8 (3)  In the case of a third seizure and forfeiture of flavored line 9 tobacco products or tobacco product flavor enhancers under line 10 subdivision (a), the department shall revoke the license of the line 11 retailer, in accordance with the procedures set forth in Section line 12 22980.3.
line 13 (4)  Civil penalties collected pursuant to this section shall be line 14 deposited into the Cigarette and Tobacco Products Compliance line 15 Fund created pursuant to Section 22990.
line 16 (5)  For the purposes of paragraph (1), “package” means the line 17 individual packet, box, or other container of flavored tobacco line 18 products or tobacco product flavor enhancers that are normally line 19 sold or intended to be sold at retail. “Package” does not include line 20 containers that contain smaller packaging units of flavored tobacco line 21 products or tobacco product flavor enhancers, including, but not line 22 limited to, cartons, cases, bales, or boxes.
line 23 (c)  This section shall remain in effect only until January 1, 2028, line 24 and as of that date is repealed.
line 25 SEC. 2. Section 22974.2 is added to the Business and line 26 Professions Code, to read:
line 27 22974.2. (a)  (1)  Notwithstanding any other provision of this line 28 division, upon discovery by the department or a law enforcement line 29 agency that a retailer possesses, stores, owns, or has made a retail line 30 sale of flavored tobacco products or tobacco product flavor line 31 enhancers in violation of Section 104559.5 of the Health and Safety line 32 Code, or sells or offers for sale a disposable, battery-embedded line 33 vapor inhalation device containing a tobacco product in violation line 34 of Section 42260 of the Public Resources Code, the department line 35 or the law enforcement agency may seize the flavored tobacco line 36 products, tobacco product flavor enhancers, or disposable, line 37 battery-embedded vapor inhalation devices containing a tobacco line 38 product at the retail location or any other person’s location. line 39 (2)  (i)  Any flavored tobacco products or tobacco product flavor line 40 enhancers seized by a law enforcement agency shall be delivered 94 — 5 — AB 762
line 1 to the department, or its designee, within 30 days, unless the seized line 2 flavored tobacco products or tobacco product flavor enhancers line 3 shall be destroyed by that law enforcement agency, or unless the line 4 seized flavored tobacco products or tobacco product flavor line 5 enhancers are otherwise required to be used as evidence in an line 6 administrative, criminal, or civil proceeding, or as part of an line 7 ongoing law enforcement operation. Any flavored tobacco products line 8 or tobacco product flavor enhancers seized by the department or line 9 delivered to the department by a law enforcement agency shall be line 10 deemed forfeited to the state and the department shall comply with line 11 procedures set forth in Chapter 7.5 (commencing with Section line 12 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. line 13 (ii)  Any disposable, battery-embedded vapor inhalation device line 14 containing a tobacco product seized by the department shall be line 15 deemed forfeited to the state and the department shall comply with line 16 the procedures set forth in Chapter 7.5 (commencing with Section line 17 30435) of Part 13 of Division 2 of the Revenue and Taxation Code. line 18 (b)  (1)  In addition to seizure and forfeiture of the flavored line 19 tobacco products, tobacco product flavor enhancers, or disposable, line 20 battery-embedded vapor inhalation devices containing a tobacco line 21 product under subdivision (a), the department shall issue a civil line 22 penalty against the retailer equal to fifty dollars ($50) per line 23 individual package of flavored tobacco product or tobacco product line 24 flavor enhancer or individual disposable, battery-embedded vapor line 25 inhalation device containing a tobacco product seized or delivered line 26 to the department by a law enforcement agency regardless of the line 27 authority used by the law enforcement agency to seize the flavored line 28 tobacco product, tobacco product flavor enhancer, or disposable, line 29 battery-embedded vapor inhalation device containing a tobacco line 30 product. The department shall issue the civil penalty in accordance line 31 with the procedures applicable to the civil penalty authorized line 32 under Section 22974.7.
line 33 (2)  In the case of a second seizure and forfeiture of flavored line 34 tobacco products, tobacco product flavor enhancers, or disposable, line 35 battery-embedded vapor inhalation devices containing tobacco line 36 product under subdivision (a), the department shall suspend the line 37 license of the retailer, in accordance with the procedures set forth line 38 in Section 22980.3.
line 39 (3)  In the case of a third seizure and forfeiture of flavored line 40 tobacco products, tobacco product flavor enhancers, or disposable, 94 AB 762 — 6 —
line 1 battery-embedded vapor inhalation devices containing a tobacco line 2 product under subdivision (a), the department shall revoke the line 3 license of the retailer, in accordance with the procedures set forth line 4 in Section 22980.3.
line 5 (4)  Civil penalties collected pursuant to this section shall be line 6 deposited into the Cigarette and Tobacco Products Compliance line 7 Fund created pursuant to Section 22990.
line 8 (c)  For the purposes of this section, both of the following line 9 definitions apply:
line 10 (1)  “Disposable, battery-embedded vapor inhalation device” line 11 has the same meaning as defined in Section 42260 of the Public line 12 Resources Code.
line 13 (2)  “Package” means the individual packet, box, or other line 14 container of flavored tobacco products, tobacco product flavor line 15 enhancers, or disposable, battery-embedded vapor inhalation line 16 devices that are normally sold or intended to be sold at retail. line 17 “Package” does not include containers that contain smaller line 18 packaging units of flavored tobacco products, tobacco product line 19 flavor enhancers, or disposable, battery-embedded vapor line 20 inhalation devices, including, but not limited to, cartons, cases, line 21 bales, or boxes.
line 22 (d)  This section shall become operative on January 1, 2028. line 23 SECTION 1.
line 24 SEC. 3. Chapter 5.1 (commencing with Section 42260) is added line 25 to Part 3 of Division 30 of the Public Resources Code, to read:
line 26
line 27 Chapter 5.1. Disposable, Battery-Embedded Vapor line 28 Inhalation Devices
line 29
line 30 42260. (a)  For purposes of this section, all of the following line 31 definitions apply:
line 32 (1)  “Cannabis” or “cannabis product“ product” have the same line 33 meaning as those terms are defined in Section 26001 of the line 34 Business and Professions Code.
line 35 (2)  (A)  “Disposable, battery-embedded vapor inhalation device” line 36 means a vaporization device that contains a tobacco product, but line 37 not cannabis or a cannabis product, and that is not designed or line 38 intended to be reused, and includes any vaporization device that line 39 meets either, or both, of the following requirements:
line 40 (i)  (I)  The vaporization device is not refillable. 94 — 7 — AB 762
line 1 (II)  For purposes of this subparagraph, a vaporization device is line 2 not considered refillable unless it is designed to include any of the line 3 following:
line 4 (ia)  A single-use container that is separately available and can line 5 be replaced.
line 6 (ib)  A container that can be refilled.
line 7 (ic)  A coil that is not intended to be replaced by an individual line 8 user in the normal course of use, including any coil that is line 9 contained in a single-use cartridge or pod that is not separately line 10 available and cannot be replaced.
line 11 (ii)  (I)  The vaporization device is not rechargeable. line 12 (II)  For purposes of this subparagraph, a vaporization device is line 13 not considered rechargeable if it is designed to contain a battery line 14 that cannot be recharged.
line 15 (B)  “Disposable, battery-embedded vapor inhalation device” line 16 does not include a device, as defined in Section 321(h) of Title 21 line 17 of the United States Code, if either of the following applies:
line 18 (i)  It is a class I device as defined in subsection (a) of Section line 19 360c of Title 21 of the United States Code, and either of the line 20 following applies:
line 21 (I)  It is a device described in Section 414.202 of Title 42 of the line 22 Code of Federal Regulations.
line 23 (II)  Either of the following applies:
line 24 (ia)  The device is predominantly used in a health care setting line 25 by a provider.
line 26 (ib)  The device is predominantly prescribed by a health care line 27 provider.
line 28 (ii)  It is a class II or class III device as defined in subsection (a) line 29 of Section 360c of Title 21 of the United States Code. line 30 (3)  “Tobacco product” has the same meaning as that term is line 31 defined in Section 22971 of the Business and Professions Code. line 32 (b)  (1)  On and after January 1, 2027, a person shall not import line 33 or manufacture for sale in this state a new or refurbished line 34 disposable, battery-embedded vapor inhalation device. line 35 (2)  On and after January 1, 2028, a person shall not sell, line 36 distribute, or offer for sale a new or refurbished disposable, line 37 battery-embedded vapor inhalation device in this state. line 38 (c)  (1)  A city, a county, a city and county, or the state may line 39 enforce this section and impose civil liability on a person or entity line 40 in violation of this section in the amount of five hundred dollars 94 AB 762 — 8 —
line 1 ($500) for the first violation, one thousand dollars ($1,000) for the line 2 second violation, and two thousand dollars ($2,000) for the third line 3 and any subsequent violations.
line 4 (2)  Any civil penalties collected pursuant to paragraph (1) shall line 5 be paid to the office of the city attorney, city prosecutor, district line 6 attorney, or Attorney General, whichever office brought the action. line 7 The penalties collected by the Attorney General may be expended line 8 by the Attorney General, upon appropriation by the Legislature, line 9 to enforce this chapter.
line 10 (3)  The remedies provided by this section are not exclusive and line 11 are in addition to the remedies that may be available pursuant to line 12 Chapter 5 (commencing with Section 17200) of Part 2 of Division line 13 7 of the Business and Professions Code.
line 14 (d)  Any person who violates this section shall be guilty of an line 15 infraction punishable by a fine of not more than five hundred line 16 dollars ($500).
line 17 (e)  The California Department of Tax and Fee Administration line 18 may revoke or suspend a license to engage in the sale of cigarettes line 19 or tobacco products, pursuant to the provisions applicable to the line 20 revocation or suspension of a license set forth in the Cigarette and line 21 Tobacco Products Licensing Act of 2003 (Division 8.6 line 22 (commencing with Section 22970) of the Business and Professions line 23 Code), of any person with a license who is in violation of this line 24 section for a disposable, battery-embedded vapor inhalation device line 25 containing a tobacco product.
line 26 (f)
line 27 (e)  Any penalty described in this section is in addition to the line 28 other penalties authorized by this section.
line 29 (g)
line 30 (f)  The costs incurred by a state agency in carrying out this line 31 chapter shall be recoverable by the Attorney General, upon the line 32 request of the agency, from the liable person or persons. line 33 (h)
line 34 (g)  The provisions of this section are severable. If any provision line 35 of this section or its application is held invalid, that invalidity shall line 36 not affect other provisions or applications that can be given effect line 37 without the invalid provision or application.
line 38 SEC. 2.
line 39 SEC. 4. No reimbursement is required by this act pursuant to line 40 Section 6 of Article XIIIB of the California Constitution because 94 — 9 — AB 762
line 1 the only costs that may be incurred by a local agency or school line 2 district will be incurred because this act creates a new crime or line 3 infraction, eliminates a crime or infraction, or changes the penalty line 4 for a crime or infraction, within the meaning of Section 17556 of line 5 the Government Code, or changes the definition of a crime within line 6 the meaning of Section 6 of Article XIII B of the California line 7 Constitution.

O
94 AB 762 — 10 —
AMENDED IN SENATE JULY 1, 2026
AMENDED IN SENATE MAY 13, 2026
AMENDED IN ASSEMBLY JANUARY 22, 2026
AMENDED IN ASSEMBLY APRIL 11, 2025
AMENDED IN ASSEMBLY MARCH 10, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1383
Introduced by Assembly Member McKinnor
(Coauthors: Assembly Members Addis, Ahrens, Alanis,
Ávila Farías, Boerner, Calderon, Castillo, Chen, Connolly, Flora, Hoover, Krell, Nguyen, Ortega, Pacheco, Patel, Patterson, Ramos, Ransom, Sharp-Collins, and Solache)
(Coauthors: Senators Cortese, Gonzalez, Grayson, and Pérez) February 21, 2025
An act to amend Sections 7522.02, 7522.10, 7522.15, 7522.25, and 20516 of, and to add Sections 7522.19 and 7522.26 to, the Government Code, relating to public employees’ retirement, and making an appropriation therefor.
legislative counsel’s digest
AB 1383, as amended, McKinnor. Public employees’ retirement benefits.

The Public Employees’ Retirement Law (PERL) establishes the Public Employees’ Retirement System (PERS) to provide a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law creates

94 the Public Employees’ Retirement Fund, which is continuously appropriated for purposes of PERS, including depositing employer and employee contributions. Under the California Constitution, assets of a public pension or retirement system are trust funds.

The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes a variety of requirements and restrictions on public employers offering defined benefit pension plans. In this regard, PEPRA restricts the amount of compensation that may be applied for purposes of calculating a defined pension benefit for a new member, as defined, by restricting it to specified percentages of the contribution and benefit base under a specified federal law with respect to old age, survivors, and disability insurance benefits.

Existing law, the Teachers’ Retirement Law, establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations.

This bill, for service performed on and after January 1, 2027, would prohibit the pensionable compensation for calendar year 2027 used to calculate the defined benefit paid to a new member of a retirement system subject to PEPRA who retires from the system from exceeding specified percentages of the contribution and benefit base under the specified federal law with respect to old age, survivors, and disability insurance benefits. The bill would make related, conforming changes to these provisions on pensionable compensation. The bill also would require a new member of STRS to be subject to specified limits of the Teachers’ Retirement Law.

PEPRA requires each retirement system that offers a defined benefit plan for safety members of the system to use one of 3 formulas for safety members, 2% at age 57, 2.5% at age 57, or 2.7% at age 57.

This bill would establish new retirement formulas, for employees first hired on or after January 1, 2027, as 2.5% at age 55, 2.7% at age 55, or 3% at age 55, subject to certain exceptions. For new members hired on or after January 1, 2013, who are safety members, the bill would require employers to adjust the formulas for service performed on or after January 1, 2027, to offer the formula that has the same fraction at age 55 as the fraction at age 57 in the formula the employer offered pursuant to existing law. The bill would authorize a public employer and a recognized employee organization to negotiate a prospective increase to the retirement benefit formulas for safety 94 AB 1383 — 2 —
members and new safety members, consistent with the formulas permitted under PEPRA, including the new formulas described above.

This bill would authorize an employer and its employees to agree in a memorandum of understanding to be subject to a higher safety plan or a lower safety plan, subject to certain requirements, including that the memorandum of understanding is collectively bargained in accordance with applicable laws.

By increasing the contribution to continuously appropriated funds, and by increasing expenditures from those funds, this bill would make an appropriation.

Vote: majority. Appropriation: yes. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares the following:
line 2 (a)  California is experiencing significant challenges in the line 3 recruitment and retention of safety personnel, including firefighters, line 4 police officers, and other first responders. Competitive retirement line 5 benefits are critical to ensuring an adequate and well-trained public line 6 safety workforce.
line 7 (b)  Firefighters face heightened risks of occupational diseases, line 8 including elevated cancer rates. Studies have shown that firefighters line 9 have a significantly higher risk of developing multiple types of line 10 cancer due to prolonged exposure to carcinogens and hazardous line 11 materials in the line of duty. In 2022, the International Agency for line 12 Research on Cancer identified the occupation of firefighting as a line 13 Class 1 carcinogen.
line 14 (c)  The physical demands of safety positions are extraordinary, line 15 requiring peak physical performance, endurance, and exposure to line 16 high-stress, life-threatening situations on a daily basis. These line 17 factors contribute to increased rates of disability, injury, and early line 18 retirement compared to other professions.
line 19 (d)  Adjusting the retirement age and pension formulas for safety line 20 employees is necessary to maintain a sustainable and effective line 21 workforce while addressing the unique health and occupational line 22 challenges faced by these personnel.
line 23 (e)  California has a strong history of protecting and promoting line 24 collective bargaining rights and providing opportunities for line 25 employees and employers to bargain over certain retirement 94 — 3 — AB 1383
line 1 benefits that further enhances opportunities for public employers line 2 and employees to partner on stronger retirement security. line 3 (f)  The compensation cap established under the California Public line 4 Employees’ Pension Reform Act of 2013 places limits that are line 5 significantly less than the current federal limit. To reflect current line 6 wage rates across both safety and miscellaneous employees, it is line 7 necessary to reconsider the appropriate compensation cap level, line 8 consistent with federal limits.
line 9 SEC. 2. Section 7522.02 of the Government Code is amended line 10 to read:
line 11 7522.02. (a)  (1)  Notwithstanding any other law, except as line 12 provided in this article, on and after January 1, 2013, this article line 13 shall apply to all state and local public retirement systems and to line 14 their participating employers, including the Public Employees’ line 15 Retirement System, the State Teachers’ Retirement System, the line 16 Legislators’ Retirement System, the Judges’ Retirement System, line 17 the Judges’ Retirement System II, county and district retirement line 18 systems created pursuant to the County Employees Retirement line 19 Law of 1937 (Chapter 3 (commencing with Section 31450) of Part line 20 3 of Division 4 of Title 3), independent public retirement systems, line 21 and to individual retirement plans offered by public employers. line 22 However, this article shall be subject to the Internal Revenue Code line 23 and Section 17 of Article XVI of the California Constitution. The line 24 administration of the requirements of this article shall comply with line 25 applicable provisions of the Internal Revenue Code and the line 26 Revenue and Taxation Code.
line 27 (2)  Notwithstanding paragraph (1), this article shall not apply line 28 to the entities described in Section 9 of Article IX of, and Sections line 29 4 and 5 of Article XI of, the California Constitution, except to the line 30 extent that these entities continue to be participating employers in line 31 any retirement system governed by state statute. Accordingly, any line 32 retirement plan approved before January 1, 2013, by the voters of line 33 any entity excluded from coverage by this section shall not be line 34 affected by this article.
line 35 (3)  (A)  Notwithstanding paragraph (1), this article shall not line 36 apply to a public employee whose interests are protected under line 37 Section 5333(b) of Title 49 of the United States Code until a federal line 38 district court rules that the United States Secretary of Labor, or line 39 their designee, erred in determining that the application of this 94 AB 1383 — 4 —
line 1 article precludes certification under that section, or until January line 2 1, 2016, whichever is sooner.
line 3 (B)  If a federal district court upholds the determination of the line 4 United States Secretary of Labor, or their designee, that application line 5 of this article precludes them from providing a certification under line 6 Section 5333(b) of Title 49 of the United States Code, this article line 7 shall not apply to a public employee specified in subparagraph line 8 (A).
line 9 (4)  Notwithstanding paragraph (1), this article shall not apply line 10 to a multiemployer plan authorized by Section 302(c)(5) of the line 11 federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public line 12 employer began participation in that plan prior to January 1, 2013, line 13 and the plan is regulated by the federal Employee Retirement line 14 Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). line 15 (b)  The benefit plan required by this article shall apply to public line 16 employees who are new members as defined in Section 7522.04. line 17 (c)  (1)  Individuals who were employed by any public employer line 18 before January 1, 2013, and who became employed by a subsequent line 19 public employer for the first time on or after January 1, 2013, shall line 20 be subject to the retirement plan that would have been available line 21 to employees of the subsequent employer who were first employed line 22 by the subsequent employer on or before December 31, 2012, if line 23 the individual was subject to concurrent membership for which line 24 creditable service was performed in the previous six months or line 25 reciprocity established under any of the following provisions:
line 26 (A)  Article 5 (commencing with Section 20350) of Chapter 3 line 27 of Part 3 of Division 5 of Title 2.
line 28 (B)  Chapter 3 (commencing with Section 31450) of Part 3 of line 29 Division 4 of Title 3.
line 30 (C)  Any agreement between public retirement systems to provide line 31 reciprocity to members of the systems.
line 32 (D)  Section 22115.2 of the Education Code.
line 33 (2)  An individual who was employed before January 1, 2013, line 34 and who, without a separation from employment, changed line 35 employment positions and became subject to a different defined line 36 benefit plan in a different public retirement system offered by their line 37 employer shall be subject to that defined benefit plan as it would line 38 have been available to employees who were first employed on or line 39 before December 31, 2012.
94 — 5 — AB 1383
line 1 (d)  If a public employer, before January 1, 2013, offers a defined line 2 benefit pension plan that provides a defined benefit formula with line 3 a lower benefit factor at normal retirement age and results in a line 4 lower normal cost than the defined benefit formula required by line 5 this article, that employer may continue to offer that defined benefit line 6 formula instead of the defined benefit formula required by this line 7 article, and shall not be subject to the requirements of Section line 8 7522.10 for pensionable compensation subject to that formula. line 9 However, if the employer adopts a new defined benefit formula line 10 on or after January 1, 2013, that formula must conform to the line 11 requirements of this article or must be determined and certified by line 12 the retirement system’s chief actuary and the retirement board to line 13 have no greater risk and no greater cost to the employer than the line 14 defined benefit formula required by this article and must be line 15 approved by the Legislature. New members of the defined benefit line 16 plan may only participate in the lower cost defined benefit formula line 17 that was in place before January 1, 2013, or a defined benefit line 18 formula that conforms to the requirements of this article or is line 19 approved by the Legislature as provided in this subdivision. line 20 (e)  If a public employer, before January 1, 2013, offers a line 21 retirement benefit plan that consists solely of a defined contribution line 22 plan, that employer may continue to offer that plan instead of the line 23 defined benefit pension plan required by this article. However, if line 24 the employer adopts a new defined benefit pension plan or defined line 25 benefit formula on or after January 1, 2013, that plan or formula line 26 must conform to the requirements of this article or must be line 27 determined and certified by the retirement system’s chief actuary line 28 and the system’s board to have no greater risk and no greater cost line 29 to the employer than the defined benefit formula required by this line 30 article and must be approved by the Legislature. New members of line 31 the employer’s plan may only participate in the defined line 32 contribution plan that was in place before January 1, 2013, or a line 33 defined contribution plan or defined benefit formula that conforms line 34 to the requirements of this article. This subdivision shall not be line 35 construed to prohibit an employer from offering a defined line 36 contribution plan on or after January 1, 2013, either with or without line 37 a defined benefit plan, whether or not the employer offered a line 38 defined contribution plan prior to that date.
line 39 (f)  (1)  If, on or after January 1, 2013, the Cities of Brea and line 40 Fullerton form a joint powers authority pursuant to the provisions 94 AB 1383 — 6 —
line 1 of the Joint Exercise of Powers Act (Article 1 (commencing with line 2 Section 6500) of Chapter 5), that joint powers authority may line 3 provide employees the defined benefit plan or formula that those line 4 employees received from their respective employers prior to the line 5 exercise of a common power, to which the employee is associated, line 6 by the joint powers authority to any employee of the City of Brea, line 7 the City of Fullerton, or a city described in paragraph (2) who is line 8 not a new member and subsequently is employed by the joint line 9 powers authority within 180 days of the city providing for the line 10 exercise of a common power, to which the employee was line 11 associated, by the joint powers authority.
line 12 (2)  On or before January 1, 2017, a city in Orange County that line 13 is contiguous to the City of Brea or the City of Fullerton may join line 14 the joint powers authority described in paragraph (1) (1), but not line 15 more than three cities shall be permitted to join. line 16 (3)  The formation of a joint powers authority on or after January line 17 1, 2013, shall not act in a manner as to exempt a new employee line 18 or a new member, as defined by Section 7522.04, from the line 19 requirements of this article. New members may only participate line 20 in a defined benefit plan or formula that conforms to the line 21 requirements of this article.
line 22 (g)  (1)  If, on or after January 1, 2013, the Belmont Fire line 23 Protection District, the Estero Municipal Improvement District, line 24 and the City of San Mateo form a joint powers authority pursuant line 25 to the provisions of the Joint Exercise of Powers Act (Article 1 line 26 (commencing with Section 6500) of Chapter 5), that joint powers line 27 authority may provide employees the defined benefit plan or line 28 formula that those employees received from their respective line 29 employers prior to the exercise of a common power, to which the line 30 employee is associated, by the joint powers authority to any line 31 employee of the Belmont Fire Protection District, the Estero line 32 Municipal Improvement District, and the City of San Mateo who line 33 is not a new member and subsequently is employed by the joint line 34 powers authority within 180 days of the agency providing for the line 35 exercise of a common power, to which the employee was line 36 associated, by the joint powers authority.
line 37 (2)  The formation of a joint powers authority on or after January line 38 1, 2013, shall not act in a manner as to exempt a new employee line 39 or a new member, as defined by Section 7522.04, from the line 40 requirements of this article. New members may only participate 94 — 7 — AB 1383
line 1 in a defined benefit plan or formula that conforms to the line 2 requirements of this article.
line 3 (h)  (1)  On or after January 1, 2026, the Pajaro Regional Flood line 4 Management Agency, a joint powers authority formed pursuant line 5 to the provisions of the Joint Exercise of Powers Act (Chapter 5 line 6 (commencing with Section 6500)), may provide a defined benefit line 7 plan or formula pursuant to paragraph (2) to an employee of a line 8 member agency of the joint powers authority or of another public line 9 agency, as defined in Section 20056, who is not a new member line 10 and who is subsequently employed by the joint powers authority line 11 within 180 days of the effective date of the retirement plan contract line 12 amendment made pursuant to this section.
line 13 (2)  On or before April 1, 2026, the Pajaro Regional Flood line 14 Management Agency may select a defined benefit plan or formula line 15 offered by one of its member agencies prior to the exercise of a line 16 common power which the member agency offered to its employees line 17 on December 31, 2012, and designate that formula for its line 18 employees as specified in paragraph (1).
line 19 (3)  This subdivision does not exempt a new employee or a new line 20 member from the requirements of this article. New members may line 21 only participate in a defined benefit plan or formula that conforms line 22 to the requirements of this article.
line 23 (i)  The Judges’ Retirement System and the Judges’ Retirement line 24 System II shall not be required to adopt the defined benefit formula line 25 required by Section 7522.20, 7522.25, or 7522.26, or the line 26 compensation limitations defined in Section 7522.10. line 27 (j)  This article shall not be construed to provide membership in line 28 any public retirement system for an individual who would not line 29 otherwise be eligible for membership under that system’s line 30 applicable rules or laws.
line 31 (k)  On and after January 1, 2013, each public retirement system line 32 shall modify its plan or plans to comply with the requirements of line 33 this article and may adopt regulations or resolutions for this line 34 purpose.
line 35 (l)  On and after January 1, 2024, a county and a trial court that line 36 separate their joint contract into individual contracts pursuant to line 37 Section 20471.2 may provide employees the defined benefit plan line 38 or formula that those employees received from their respective line 39 employers prior to the exercise of the option to separate, provided 94 AB 1383 — 8 —
line 1 that the employee subsequently does not otherwise meet the line 2 definition of a new employee.
line 3 SEC. 3. Section 7522.10 of the Government Code is amended line 4 to read:
line 5 7522.10. (a)  On and after January 1, 2013, each public line 6 retirement system shall modify its plan or plans to comply with line 7 the requirements of this section for each public employer that line 8 participates in the system.
line 9 (b)  Whenever pensionable compensation, as defined in Section line 10 7522.34, is used in the calculation of a benefit, the pensionable line 11 compensation shall be subject to the limitations set forth in line 12 subdivision (c).
line 13 (c)  (1)  For service performed on January 1, 2013, to December line 14 31, 2026, inclusive, the pensionable compensation used to calculate line 15 the defined benefit paid to a new member who retires from the line 16 system shall not exceed the following applicable percentage of the line 17 contribution and benefit base specified in Section 430(b) of Title line 18 42 of the United States Code on January 1, 2013, as adjusted under line 19 paragraph (1) of subdivision (d):
line 20 (A)  One hundred percent for a member whose service is included line 21 in the federal system.
line 22 (B)  One hundred twenty percent for a member whose service line 23 is not included in the federal system.
line 24 (2)  For service performed on and after January 1, 2027, the line 25 pensionable compensation used to calculate the defined benefit line 26 paid to a new member who retires from the system shall not exceed line 27 the following applicable percentage of the contribution and benefit line 28 base specified in Section 430(b) of Title 42 of the United States line 29 Code on January 1, 2027, as adjusted under paragraph (1) of line 30 subdivision (d):
line 31 (A)  One hundred percent for a member whose service is included line 32 in the federal system.
line 33 (B)  One hundred thirty-five percent for a member whose service line 34 is not included in the federal system.
line 35 (3)  A new member of the State Teachers’ Retirement System line 36 shall be subject to the limit established pursuant to subdivision (d) line 37 of Section 22119.3 of, or subdivision (c) of Section 26139.5 of, line 38 the Education Code.
line 39 (d)  (1)  The retirement system shall adjust the pensionable line 40 compensation described in subdivision (c) based on the annual 94 — 9 — AB 1383
line 1 changes to the Consumer Price Index for All Urban Consumers:
line 2 U.S. City Average, calculated by dividing the Consumer Price line 3 Index for All Urban Consumers: U.S. City Average, for the month line 4 of September in the calendar year preceding the adjustment by the line 5 Consumer Price Index for All Urban Consumers: U.S. City line 6 Average, for the month of September of the previous year rounded line 7 to the nearest thousandth. The adjustment shall be effective line 8 annually on January 1, beginning in 2014 for paragraph (1) of line 9 subdivision (c) and 2028 for paragraph (2) of subdivision (c). line 10 (2)  The Legislature reserves the right to modify the requirements line 11 of this subdivision with regard to all public employees subject to line 12 this section, except that the Legislature may not modify these line 13 provisions in a manner that would result in a decrease in benefits line 14 accrued prior to the effective date of the modification. line 15 (e)  A public employer shall not offer a defined benefit or any line 16 combination of defined benefits, including a defined benefit offered line 17 by a private provider, on compensation in excess of the limitation line 18 in subdivision (c).
line 19 (f)  (1)  Subject to the limitation in subdivision (c) of Section line 20 7522.42, a public employer may provide a contribution to a defined line 21 contribution plan for compensation in excess of the limitation in line 22 subdivision (c) provided the plan and the contribution meet the line 23 requirements and limits of federal law.
line 24 (2)  A public employee who receives an employer contribution line 25 to a defined contribution plan shall not have a vested right to line 26 continue receiving the employer contribution.
line 27 (g)  Any employer contributions to any employee defined line 28 contribution plan above the pensionable compensation limits in line 29 subdivision (c) shall not exceed the employer’s contribution rate, line 30 as a percentage of pay, required to fund the defined benefit plan line 31 for income subject to the limitation in subdivision (c) of Section line 32 7522.42.
line 33 (h)  The retirement system shall limit the pensionable line 34 compensation used to calculate the contributions required of an line 35 employer or a new member to the amount of compensation that line 36 would be used for calculating a defined benefit as set forth in line 37 subdivision (c) or (d).
line 38 SEC. 4. Section 7522.15 of the Government Code is amended line 39 to read:
94 AB 1383 — 10 —
line 1 7522.15. Except as provided in subdivisions (d) and (e) of line 2 Section 7522.02, each public employer and each public retirement line 3 system that offers a defined benefit plan shall offer only the defined line 4 benefit formulas established pursuant to Sections 7522.20, 7522.25, line 5 and 7522.26 to new members.
line 6 SEC. 5. Section 7522.19 is added to the Government Code, to line 7 read:
line 8 7522.19. (a)  Notwithstanding any other provision of this line 9 article, a public employer and a recognized employee organization line 10 may negotiate a prospective increase to the retirement benefit line 11 formulas for safety members and new safety members, consistent line 12 with the formulas permitted under this article, including Section line 13 7522.26.
line 14 (b)  Benefit formula increases adopted pursuant to this section line 15 shall be established in accordance with Section 7522.44. line 16 SEC. 6. Section 7522.25 of the Government Code is amended line 17 to read:
line 18 7522.25. (a)  Each retirement system that offers a defined line 19 benefit plan for safety members of the system shall use one or line 20 more of the defined benefit formulas prescribed by this section. A line 21 member may retire for service under any of the formulas in this line 22 section after five years of service and upon reaching 50 years of line 23 age.
line 24 (b)  The Basic Safety Plan shall provide a pension at retirement line 25 for service equal to the percentage of the member’s final line 26 compensation set forth opposite the member’s age at retirement, line 27 taken to the preceding quarter year, in the following table, line 28 multiplied by the number of years of service in the system as a line 29 safety member.
line 30
line 31 Age at Retirement Fraction
line 32 50  .........................................................................   1.426 line 33 50   1.447 1
⁄4....................................................................... line 34 50   1.467 1
⁄2....................................................................... line 35 50   1.488 3
⁄4....................................................................... line 36 51  .........................................................................   1.508 line 37 51   1.529 1
⁄4....................................................................... line 38 51   1.549 1
⁄2....................................................................... line 39 51   1.570 3
⁄4....................................................................... line 40 52  .........................................................................   1.590 94 — 11 — AB 1383
line 1 52   1.611 1
⁄4....................................................................... line 2 52   1.631 1
⁄2....................................................................... line 3 52   1.652 3
⁄4....................................................................... line 4 53  .........................................................................   1.672 line 5 53   1.693 1
⁄4....................................................................... line 6 53   1.713 1
⁄2....................................................................... line 7 53   1.734 3
⁄4....................................................................... line 8 54  .........................................................................   1.754 line 9 54   1.775 1
⁄4....................................................................... line 10 54   1.795 1
⁄2....................................................................... line 11 54   1.816 3
⁄4....................................................................... line 12 55  .........................................................................   1.836 line 13 55   1.857 1
⁄4....................................................................... line 14 55   1.877 1
⁄2....................................................................... line 15 55   1.898 3
⁄4....................................................................... line 16 56  .........................................................................   1.918 line 17 56   1.939 1
⁄4....................................................................... line 18 56   1.959 1
⁄2....................................................................... line 19 56   1.980 3
⁄4....................................................................... line 20 57 and over  ..........................................................   2.000 line 21
line 22 (c)  The Safety Option Plan One shall provide a pension at line 23 retirement for service equal to the percentage of the member’s line 24 final compensation set forth opposite the member’s age at line 25 retirement, taken to the preceding quarter year, in the following line 26 table, multiplied by the number of years of service in the system line 27 as a safety member.
line 28
line 29    Age at Retirement Fraction
line 30 50  ...............................................................................   2.000 line 31 50   2.018 1
⁄4............................................................................. line 32 50   2.036 1
⁄2............................................................................. line 33 50   2.054 3
⁄4............................................................................. line 34 51  ...............................................................................   2.071 line 35 51   2.089 1
⁄4............................................................................. line 36 51   2.107 1
⁄2............................................................................. line 37 51   2.125 3
⁄4............................................................................. line 38 52  ...............................................................................   2.143 line 39 52   2.161 1
⁄4............................................................................. line 40 52   2.179 1
⁄2............................................................................. 94 AB 1383 — 12 —
line 1 52   2.196 3
⁄4............................................................................. line 2 53  ...............................................................................   2.214 line 3 53   2.232 1
⁄4............................................................................. line 4 53   2.250 1
⁄2............................................................................. line 5 53   2.268 3
⁄4............................................................................. line 6 54  ...............................................................................   2.286 line 7 54   2.304 1
⁄4............................................................................. line 8 54   2.321 1
⁄2............................................................................. line 9 54   2.339 3
⁄4............................................................................. line 10 55.................................................................................   2.357 line 11 55   2.375 1
⁄4............................................................................. line 12 55   2.393 1
⁄2............................................................................. line 13 55   2.411 3
⁄4............................................................................. line 14 56.................................................................................   2.429 line 15 56   2.446 1
⁄4............................................................................. line 16 56   2.464 1
⁄2............................................................................. line 17 56   2.482 3
⁄4............................................................................. line 18 57 and over..................................................................   2.500 line 19
line 20 (d)  The Safety Option Plan Two shall provide a pension at line 21 retirement for service equal to the percentage of the member’s line 22 final compensation set forth opposite the member’s age at line 23 retirement, taken to the preceding quarter year, in the following line 24 table, multiplied by the number of years of service in the system line 25 as a safety member.
line 26
line 27 Age at Retirement Fraction
line 28 50  ....................................................................................   2.000 line 29 50   2.025 1
⁄4.................................................................................. line 30 50   2.050 1
⁄2.................................................................................. line 31 50   2.075 3
⁄4.................................................................................. line 32 51  ....................................................................................   2.100 line 33 51   2.125 1
⁄4.................................................................................. line 34 51   2.150 1
⁄2.................................................................................. line 35 51   2.175 3
⁄4.................................................................................. line 36 52  ....................................................................................   2.200 line 37 52   2.225 1
⁄4.................................................................................. line 38 52   2.250 1
⁄2.................................................................................. line 39 52   2.275 3
⁄4.................................................................................. line 40 53  ....................................................................................   2.300 94 — 13 — AB 1383
line 1 53   2.325 1
⁄4.................................................................................. line 2 53   2.350 1
⁄2.................................................................................. line 3 53   2.375 3
⁄4.................................................................................. line 4 54  ....................................................................................   2.400 line 5 54   2.425 1
⁄4.................................................................................. line 6 54   2.450 1
⁄2.................................................................................. line 7 54   2.475 3
⁄4.................................................................................. line 8 55  ....................................................................................   2.500 line 9 55   2.525 1
⁄4.................................................................................. line 10 55   2.550 1
⁄2.................................................................................. line 11 55   2.575 3
⁄4.................................................................................. line 12 56  ....................................................................................   2.600 line 13 56   2.625 1
⁄4.................................................................................. line 14 56   2.650 1
⁄2.................................................................................. line 15 56   2.675 3
⁄4.................................................................................. line 16 57 and over  .....................................................................   2.700 line 17
line 18 (e)    On and after January 1, 2013, an employer shall offer one line 19 or more of the safety formulas prescribed by this section to new line 20 members who are safety employees. The formula offered shall be line 21 the formula that is closest to, and provides a lower benefit at 55 line 22 years of age than, the formula provided to members in the same line 23 retirement classification offered by the employer on December line 24 31, 2012.
line 25 (f)  On and after January 1, 2013, an employer and its employees line 26 subject to Safety Option Plan One or Safety Option Plan Two may line 27 agree in a memorandum of understanding to be subject to Safety line 28 Option Plan One or the Basic Safety Plan, subject to the following:
line 29 (1)  The lower plan shall apply to members first employed on line 30 or after the effective date of the lower plan and shall be agreed to line 31 in a memorandum of understanding that has been collectively line 32 bargained in accordance with applicable laws.
line 33 (2)  A retirement plan contract amendment with a public line 34 retirement system to alter a retirement formula pursuant to this line 35 subdivision shall not be implemented by the employer in the line 36 absence of a memorandum of understanding that has been line 37 collectively bargained in accordance with applicable laws. line 38 (3)  An employer shall not use impasse procedures to impose line 39 the lower plan.
94 AB 1383 — 14 —
line 1 (4)  An employer shall not provide a different defined benefit line 2 for nonrepresented, managerial, or supervisory employees than line 3 the employer provides for other public employees, including line 4 represented employees, of the same employer who are in the same line 5 membership classifications.
line 6 (g)  Pensionable compensation used to calculate the defined line 7 benefit shall be limited as described in Section 7522.10. line 8 (h)  This section shall only apply to service performed between line 9 January 1, 2013, and December 31, 2026.
line 10 SEC. 7. Section 7522.26 is added to the Government Code, to line 11 read:
line 12 7522.26. (a)  On and after January 1, 2027, each retirement line 13 system that offers a defined benefit plan for safety members of the line 14 system shall use one or more of the defined benefit formulas line 15 prescribed by this section. A member may retire for service under line 16 any of the formulas in this section after five years of service and line 17 upon reaching 50 years of age.
line 18 (b)  The Basic Safety Plan shall provide a pension at retirement line 19 for service equal to the percentage of the member’s final line 20 compensation set forth opposite the member’s age at retirement, line 21 taken to the preceding quarter year, in the following table, line 22 multiplied by the number of years of service in the system as a line 23 safety member.
line 24
line 25
line 26 Age at Retirement Fraction
line 27         50   .......................................................................... 1.426 line 28         50 1.450 1
⁄4........................................................................ line 29         50 1.474 1
⁄2........................................................................ line 30         50 1.498 3
⁄4........................................................................ line 31         51   .......................................................................... 1.522 line 32         51 1.550 1
⁄4........................................................................ line 33         51 1.576 1
⁄2........................................................................ line 34         51 1.602 3
⁄4........................................................................ line 35         52   .......................................................................... 1.628 line 36         52 1.656 1
⁄4........................................................................ line 37         52 1.686 1
⁄2........................................................................ line 38         52 1.714 3
⁄4........................................................................ line 39         53   .......................................................................... 1.742 line 40         53 1.772 1
⁄4........................................................................ 94 — 15 — AB 1383
line 1
line 2 Age at Retirement Fraction
line 3         53 1.804 1
⁄2........................................................................ line 4         53 1.834 3
⁄4........................................................................ line 5         54   .......................................................................... 1.866 line 6         54 1.900 1
⁄4........................................................................ line 7         54 1.932 1
⁄2........................................................................ line 8         54 1.966 3
⁄4........................................................................ line 9         55 and over.............................................................. 2.000 line 10
line 11 (c)  The Safety Option Plan One shall provide a pension at line 12 retirement for service equal to the percentage of the member’s line 13 final compensation set forth opposite the member’s age at line 14 retirement, taken to the preceding quarter year, in the following line 15 table, multiplied by the number of years of service in the system line 16 as a safety member.
line 17
line 18
line 19 Age at Retirement Fraction
line 20         50   .......................................................................... 2.000 line 21         50 2.025 1
⁄4........................................................................ line 22         50 2.050 1
⁄2........................................................................ line 23         50 2.075 3
⁄4........................................................................ line 24         51   .......................................................................... 2.100 line 25         51 2.125 1
⁄4........................................................................ line 26         51 2.150 1
⁄2........................................................................ line 27         51 2.175 3
⁄4........................................................................ line 28         52   .......................................................................... 2.200 line 29         52 2.225 1
⁄4........................................................................ line 30         52 2.250 1
⁄2........................................................................ line 31         52 2.275 3
⁄4........................................................................ line 32         53   .......................................................................... 2.300 line 33         53 2.325 1
⁄4........................................................................ line 34         53 2.350 1
⁄2........................................................................ line 35         53 2.375 3
⁄4........................................................................ line 36         54   .......................................................................... 2.400 line 37         54 2.425 1
⁄4........................................................................ line 38         54 2.450 1
⁄2........................................................................ line 39         54 2.475 3
⁄4........................................................................ line 40         55 and over.............................................................. 2.500 94 AB 1383 — 16 —
line 1 (d)  The Safety Option Plan Two shall provide a pension at line 2 retirement for service equal to the percentage of the member’s line 3 final compensation set forth opposite the member’s age at line 4 retirement, taken to the preceding quarter year, in the following line 5 table, multiplied by the number of years of service in the system line 6 as a safety member.
line 7
line 8
line 9 Age at Retirement Fraction
line 10         50   .......................................................................... 2.000 line 11         50 2.035 1
⁄4........................................................................ line 12         50 2.070 1
⁄2........................................................................ line 13         50 2.105 3
⁄4........................................................................ line 14         51   .......................................................................... 2.140 line 15         51 2.175 1
⁄4........................................................................ line 16         51 2.210 1
⁄2........................................................................ line 17         51 2.245 3
⁄4........................................................................ line 18         52   .......................................................................... 2.280 line 19         52 2.315 1
⁄4........................................................................ line 20         52 2.350 1
⁄2........................................................................ line 21         52 2.385 3
⁄4........................................................................ line 22         53   .......................................................................... 2.420 line 23         53 2.455 1
⁄4........................................................................ line 24         53 2.490 1
⁄2........................................................................ line 25         53 2.525 3
⁄4........................................................................ line 26         54   .......................................................................... 2.560 line 27         54 2.595 1
⁄4........................................................................ line 28         54 2.630 1
⁄2........................................................................ line 29         54 2.665 3
⁄4........................................................................ line 30         55 and over.............................................................. 2.700 line 31
line 32 (e)  The Safety Option Plan Three shall provide a pension at line 33 retirement for service equal to the percentage of the member’s line 34 final compensation set forth opposite the member’s age at line 35 retirement, taken to the preceding quarter year, in the following line 36 table, multiplied by the number of years of service in the system line 37 as a safety member. For service subject to this subdivision, the line 38 benefit limit shall be 90 percent of final compensation. 94 — 17 — AB 1383
line 1
line 2 Age at Retirement Fraction
line 3         50   ........................................................................... 2.400 line 4         50 2.430 1
⁄4......................................................................... line 5         50 2.460 1
⁄2......................................................................... line 6         50 2.490 3
⁄4......................................................................... line 7         51   ........................................................................... 2.520 line 8         51 2.550 1
⁄4......................................................................... line 9         51 2.580 1
⁄2......................................................................... line 10         51 2.610 3
⁄4......................................................................... line 11         52   ........................................................................... 2.640 line 12         52 2.670 1
⁄4......................................................................... line 13         52 2.700 1
⁄2......................................................................... line 14         52 2.730 3
⁄4......................................................................... line 15         53   ........................................................................... 2.760 line 16         53 2.790 1
⁄4......................................................................... line 17         53 2.820 1
⁄2......................................................................... line 18         53 2.850 3
⁄4......................................................................... line 19         54   ........................................................................... 2.880 line 20         54 2.910 1
⁄4......................................................................... line 21         54 2.940 1
⁄2......................................................................... line 22         54 2.970 3
⁄4......................................................................... line 23         55 and over............................................................... 3.000 line 24
line 25 (f)  For new members hired on or after January 1, 2027, who are line 26 safety members, an employer shall offer the formula in this section line 27 that has the same fraction at age 55 as the fraction at age 57 in the line 28 formula the employer offered pursuant to Section 7522.25 as of line 29 December 31, 2026, unless the employer and employees have line 30 agreed to a higher or lower safety plan pursuant to subdivisions line 31 (h) or (i).
line 32 (g)  For new members hired on or after January 1, 2013, who line 33 are safety members, the employer shall adjust their formula as line 34 follows:
line 35 (1)  For service performed between January 1, 2013, and line 36 December 31, 2026, the retirement age and formula shall be as line 37 offered by the employer between January 1, 2013, and December line 38 31, 2026, and subject to Section 7522.25.
line 39 (2)  For service performed on or after January 1, 2027, the line 40 employer shall offer the formula in this section that has the same 94 AB 1383 — 18 —
line 1 fraction at age 55 as the fraction at age 57 in the formula the line 2 employer offered pursuant to Section 7522.25. The formula offered line 3 shall maintain the percentage of compensation factor offered as line 4 of December 31, 2026, unless the employer and employees have line 5 agreed to a higher or lower safety plan pursuant to subdivisions line 6 (h) or (i).
line 7 (3)  This section shall not be construed to provide retroactive line 8 benefits to employees. This section shall adjust the prospective line 9 benefit for safety employees by adjusting the retirement age to 55. line 10 (h)  An employer and its employees may agree in a memorandum line 11 of understanding to be subject to a higher safety plan, subject to line 12 the following:
line 13 (1)  The higher plan shall apply to members on or after the line 14 effective date of the higher plan and shall be agreed to in a line 15 memorandum of understanding that has been collectively bargained line 16 in accordance with applicable laws.
line 17 (2)  The higher plan adopted pursuant to this subdivision shall line 18 be subject to Section 7522.44.
line 19 (i)  An employer and its employees may agree in a memorandum line 20 of understanding to be subject to a lower safety plan, subject to line 21 the following:
line 22 (1)  The lower plan shall apply to members first employed on line 23 or after the effective date of the lower plan and shall be agreed to line 24 in a memorandum of understanding that has been collectively line 25 bargained in accordance with applicable laws.
line 26 (2)  A retirement plan contract amendment with a public line 27 retirement system to alter a retirement formula pursuant to this line 28 subdivision shall not be implemented by the employer in the line 29 absence of a memorandum of understanding that has been line 30 collectively bargained in accordance with applicable laws. line 31 (3)  An employer shall not use impasse procedures to impose line 32 the lower plan.
line 33 (4)  An employer shall not provide a different defined benefit line 34 for nonrepresented, managerial, or supervisory employees than line 35 the employer provides for other public employees, including line 36 represented employees, of the same employer who are in the same line 37 membership classifications.
line 38 (j)  Pensionable compensation used to calculate the defined line 39 benefit shall be limited as described in Section 7522.10. 94 — 19 — AB 1383
line 1 (k)  A safety member that is subject to a defined benefit formula line 2 prescribed by this section, who is not a new member, shall be line 3 subject to contribution rates established pursuant to Section line 4 7522.30.
line 5 SEC. 8. Section 20516 of the Government Code is amended line 6 to read:
line 7 20516. (a)  Notwithstanding any other provision of this part, line 8 with or without a change in benefits, a contracting agency and its line 9 employees may agree, in writing, to share the costs of the employer line 10 contribution. The cost sharing pursuant to this section shall also line 11 apply for related nonrepresented employees as approved in a line 12 resolution passed by the contracting agency.
line 13 (b)  The collective bargaining agreement or memorandum of line 14 understanding ratified by the employee bargaining unit and the line 15 governing body of the contracting agency shall specify the exact line 16 percentage of member compensation that shall be paid toward the line 17 current service cost of the benefits by members or the methodology line 18 for calculating that cost-sharing rate. The member contributions line 19 shall be contributions over and above normal contributions line 20 otherwise required by this part and shall be treated as normal line 21 contributions for all purposes of this part. The contributions shall line 22 be uniform, except as described in subdivision (c), with respect to line 23 all members within each of the following classifications: local line 24 miscellaneous members, local police officers, local firefighters, line 25 county peace officers, and all local safety members other than local line 26 police officers, local firefighters, and county peace officers. The line 27 balance of any costs shall be paid by the contracting agency and line 28 shall be credited to the employer’s account. An employer shall not line 29 use impasse procedures to impose member cost sharing on any line 30 contribution amount above that which is authorized by law. line 31 (c)  Member cost sharing may differ by classification for groups line 32 of employees subject to different levels of benefits pursuant to line 33 Sections 7522.20, 7522.25, 7522.26, and 20475, or by a recognized line 34 collective bargaining unit if agreed to in a memorandum of line 35 understanding reached pursuant to the applicable collective line 36 bargaining laws.
line 37 (d)  This section shall not apply to any contracting agency nor line 38 to the employees of a contracting agency until the agency elects line 39 to be subject to this section by contract or by amendment to its line 40 contract made in the manner prescribed for approval of contracts. 94 AB 1383 — 20 —
line 1 Contributions provided by this section shall be withheld from line 2 member compensation or otherwise collected when the contract line 3 amendment becomes effective. Once the contracting agency elects line 4 to be subject to this section, contract amendments shall not be line 5 required to effectuate cost sharing in subsequent collective line 6 bargaining agreements or memoranda of understanding ratified line 7 by the employee bargaining unit and the governing body of the line 8 agency; provided, however, that if a collective bargaining line 9 agreement or memorandum of understanding sets forth a line 10 methodology for calculating the cost-sharing rate instead of an line 11 exact percentage, the contracting agency shall provide the line 12 retirement system with a signed side letter ratified by the employee line 13 bargaining unit and the agency indicating the exact percentage at line 14 least 90 days prior to the effective date of the cost-sharing rate as line 15 set forth in the signed side letter.
line 16 (e)  For the purposes of this section, all contributions, liabilities, line 17 actuarial interest rates, and other valuation factors shall be line 18 determined on the basis of actuarial assumptions and methods that, line 19 in the aggregate, are reasonable and that, in combination, offer the line 20 actuary’s best estimate of anticipated experience under this system. line 21 (f)  Nothing in this section shall preclude a contracting agency line 22 and its employees from independently agreeing in a memorandum line 23 of understanding to share the costs of any benefit, in a manner line 24 inconsistent with this section. However, any agreement in a line 25 memorandum of understanding that is inconsistent with this section line 26 shall not be part of the contract between this system and the line 27 contracting agency.
line 28 (g)  If, and to the extent that, the board determines that a line 29 cost-sharing agreement under this section would conflict with Title line 30 26 of the United States Code, the board may refuse to approve the line 31 agreement.
line 32 (h)  Nothing in this section shall require a contracting agency to line 33 enter into a memorandum of understanding or collective bargaining line 34 agreement with a bargaining representative in order to increase line 35 the amount of member contributions when such a member line 36 contribution increase is authorized by other provisions under this line 37 part.
94 — 21 — AB 1383
line 1 SEC. 9. It is the intent of the Legislature that this act shall not line 2 be construed to affect any retirement benefits or pension rights line 3 accrued before its effective date.

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94 AB 1383 — 22 —
AMENDED IN ASSEMBLY APRIL 13, 2026
AMENDED IN ASSEMBLY MARCH 9, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1569
Introduced by Assembly Members Davies and Chen
January 12, 2026
An act to add Article 9 (commencing with Section 49397) to Chapter 8 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil safety.
legislative counsel’s digest
AB 1569, as amended, Davies. Pupil safety: electric bicycle parking:
bicycle: safety and training program.

Existing law establishes the State Department of Education in state government, and vests the department with specified powers and duties relating to the state’s public school system. Existing law establishes the Department of the California Highway Patrol, under the control of the Commissioner of the California Highway Patrol, within the Transportation Agency. Existing law requires the Department of the California Highway Patrol to develop statewide safety and training programs based on evidence-based practices for users of electric bicycles.

This bill would require, on or before March 1, 2028, the State Department of Education, in consultation with the Department of the California Highway Patrol, to develop a standardized electric bicycle safety and training program for pupils in grades 7 to 12, inclusive, as provided. In developing the program, the bill would authorize the State Department of Education and the Department of the California Highway

97 Patrol to collaborate with local law enforcement agencies or local governments that have implemented electric bicycle training programs already to ensure the program reflects proven best practices. The bill would encourage local educational agencies and parent organizations to offer training demonstrations to pupils and parents on electric bicycle operations in collaboration with local law enforcement agencies or local governments, as specified.

Existing law authorizes the governing board of any school district having jurisdiction over elementary, intermediate, junior high, or high school to provide time and facilities to local law enforcement agency having jurisdiction over the school of the district for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction. Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specific public entities, including a public school or an educational institution exempted, in whole or in part, from taxation, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law authorizes a public agency to adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency.

This bill would require each school district and county office of education that allows pupils in kindergarten or any of grades 1 to 12, inclusive, to park a class 1, 2, or 3 electric bicycle, as defined, on campus to require pupils to complete the electric bicycle safety and training program developed by the Department of the California Highway Patrol, as provided, or a related safety course, as specified, as a condition for parking on campus. The bill would also require a pupil to submit proof of completion of the above-described course to their school before parking their class 1, 2, or 3 electric bicycle on the school campus. The bill would exempt school districts and county offices of education that adopted a policy related to electric bicycle safety, on or before January 1, 2027, from the above-described requirements.

Vote: majority. Appropriation: no. Fiscal committee: no yes.

State-mandated local program: no.
97 AB 1569 — 2 —
The people of the State of California do enact as follows:
line 1 SECTION 1. Article 9 (commencing with Section 49397) is line 2 added to Chapter 8 of Part 27 of Division 4 of Title 2 of the line 3 Education Code, to read:
line 4
line 5 Article 9. Electric Bicycle Safety
line 6
line 7 49397. (a)  (1)  On or before March 1, 2028, the department, line 8 in consultation with the Department of the California Highway line 9 Patrol, shall develop a standardized electric bicycle safety and line 10 training program for pupils in grades 7 to 12, inclusive. line 11 (2)  The program developed pursuant to paragraph (1) shall line 12 include, but is not limited to, an online component consisting of line 13 instructional videos and a knowledge-based comprehensive line 14 assessment covering rules of the road, operating differences line 15 between the classes of electric bicycles, required safety equipment, line 16 and the civil and criminal implications of operating noncompliant line 17 electric bicycles that exceed legal speed limits. line 18 (3)  The department and the Department of the California line 19 Highway Patrol may collaborate with local law enforcement line 20 agencies or local governments that have already implemented line 21 electric bicycle training programs to ensure the program developed line 22 pursuant to paragraph (1) reflects proven best practices. line 23 (b)  A local educational agency or parent organization, in line 24 collaboration with local law enforcement agencies or local line 25 governments, is encouraged to offer training demonstrations to line 26 pupils and parents on electric bicycle operations related to safe line 27 mounting, braking, signaling, yielding, and riding protocols. These line 28 training demonstrations may be administered on school campuses line 29 or at a designated community facility.
line 30 (c)  For purposes of this section, the following definitions apply:
line 31 (1)  “Classes of electric bicycles” include “class 1 electric line 32 bicycles,” “class 2 electric bicycles,” and “class 3 electric line 33 bicycles,” as defined in Section 312.5 of the Vehicle Code. line 34 (2)  “Local educational agency” means a school district, county line 35 office of education, or charter school.
line 36 SECTION 1. Article 9 (commencing with Section 49397) is line 37 added to Chapter 8 of Part 27 of Division 4 of Title 2 of the line 38 Education Code, to read:
97 — 3 — AB 1569
line 1 Article 9. Electric Bicycle Safety
line 2
line 3 49397. (a)  Commencing with the 2027–28 school year, a local line 4 educational agency that allows pupils in kindergarten or any of line 5 grades 1 to 12, inclusive, to park a class 1, 2, or 3 electric bicycle line 6 on campus shall require pupils to complete the electric bicycle line 7 safety and training program developed by the Department of the line 8 California Highway Patrol pursuant to Section 894 of the Streets line 9 and Highway Code, or a related safety course, if one is available, line 10 as prescribed by a local government or the local law enforcement line 11 authority having jurisdiction over the school, as a condition for line 12 parking on campus.
line 13 (b)  A pupil shall submit proof of completion from one of the line 14 prescribed courses described in subdivision (a) to their school line 15 before parking their class 1, 2, or 3 electric bicycle on the school line 16 campus.
line 17 (c)  A local educational agency that has adopted a policy related line 18 to electric bicycle safety on or before January 1, 2027, shall be line 19 exempt from the requirements of this section.
line 20 (d)  For purposes of this section, the following definitions apply:
line 21 (1)  “Class 1 electric bicycle,” “class 2 electric bicycle,” and line 22 “class 3 electric bicycle” shall have the same meanings as line 23 prescribed in Section 312.5 of the Vehicle Code. line 24 (2)  “Local educational agency” means a school district or county line 25 office of education.

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97 AB 1569 — 4 —
Assembly Bill No. 1614
CHAPTER 40
An act to amend Section 21204 of the Vehicle Code, relating to vehicles. [Approved by Governor June 30, 2026. Filed with Secretary of State June 30, 2026.]
legislative counsel’s digest
AB 1614, Dixon. Vehicles: bicycles.

Existing law, the California Bicycle Transportation Act, establishes 4 classifications of facilities, referred to as bikeways, that provide primarily for, and promote, bicycle travel. Existing law requires a person operating a bicycle, which includes an electric bicycle, upon a highway to ride the bicycle upon or astride a permanent and regular seat unless the bicycle was designed by the manufacturer to be ridden without a seat. Existing law requires a person riding as a passenger on a bicycle upon a highway to be upon or astride a seat attached to the bicycle, as specified. A violation of these provisions in punishable as an infraction.

This bill would make those provisions applicable to the operation of a bicycle upon a Class I bikeway. By expanding an existing infraction, 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 a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 21204 of the Vehicle Code is amended to read:
21204. (a) A person operating a bicycle upon a highway or a Class I bikeway, as defined in Section 890.4 of the Streets and Highways Code, shall not ride other than upon or astride a permanent and regular seat attached thereto, unless the bicycle was designed by the manufacturer to be ridden without a seat.
(b) An operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle upon a highway or a Class I bikeway, as defined in Section 890.4 of the Streets and Highways Code, other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

97 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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97 Ch. 40 — 2 —
AMENDED IN SENATE JUNE 10, 2026
AMENDED IN ASSEMBLY MARCH 19, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1632
Introduced by Assembly Member Johnson
January 26, 2026
An act to amend Section 602 of the Penal Code, relating to trespass. legislative counsel’s digest
AB 1632, as amended, Johnson. Trespass.

Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owner’s agent, or the person in lawful possession. Existing law requires the owner, the owner’s agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when there is a fire hazard to the premises or property, the owner is absent from the premises or property, or the premises or property is closed to the public and posted as being closed. Existing law authorizes a single request for assistance to be made and submitted electronically, in a notarized form provided by the law enforcement

97 agency, to a peace officer, and authorizes local governments to accept electronic submissions of requests for peace officer assistance.

This bill would remove the requirement that the submitted form described above be notarized. notarized, and would instead require the request to include a written declaration, signed under penalty of perjury, that the requestor is the owner of the property and has legal authority to request the assistance, that the information provided in the request is true and correct, that the requestor acknowledges that law enforcement may rely on the declaration in taking enforcement action, and that the requestor is required to notify law enforcement if they no longer have legal authority over the property or if the request is withdrawn. The bill would authorize law enforcement to reasonably rely on the above-described declaration unless it has actual knowledge that the declaration is false. By expanding the crime of perjury, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: no yes.

State-mandated local program: no yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 602 of the Penal Code is amended to line 2 read:
line 3 602. Except as provided in subdivisions (u), (v), and (x), and line 4 Section 602.8, a person who willfully commits a trespass by any line 5 of the following acts is guilty of a misdemeanor:
line 6 (a)  Cutting down, destroying, or injuring any kind of wood or line 7 timber standing or growing upon the lands of another. line 8 (b)  Carrying away any kind of wood or timber lying on those line 9 lands.
line 10 (c)  Maliciously injuring or severing from the freehold of another line 11 anything attached to it, or its produce.
line 12 (d)  Digging, taking, or carrying away from a lot situated within line 13 the limits of an incorporated city, without the license of the owner line 14 or legal occupant, any earth, soil, or stone.
97 AB 1632 — 2 —
line 1 (e)  Digging, taking, or carrying away from land in a city or town line 2 laid down on the map or plan of the city, or otherwise recognized line 3 or established as a street, alley, avenue, or park, without the license line 4 of the proper authorities, any earth, soil, or stone. line 5 (f)  Maliciously tearing down, damaging, mutilating, or line 6 destroying a sign, signboard, or notice placed upon, or affixed to, line 7 a property belonging to the state, or to a city, county, city and line 8 county, town, or village, or upon the property of a person, by the line 9 state or by an automobile association, which sign, signboard, or line 10 notice is intended to indicate or designate a road or a highway, or line 11 is intended to direct travelers from one point to another, or relates line 12 to fires, fire control, or any other matter involving the protection line 13 of the property, or putting up, affixing, fastening, printing, or line 14 painting upon any property belonging to the state, or to any city, line 15 county, town, or village, or dedicated to the public, or upon the line 16 property of a person, without license from the owner, a notice, line 17 advertisement, or designation of, or a name for a commodity, line 18 whether for sale or otherwise, or a picture, sign, or device intended line 19 to call attention to it.
line 20 (g)  Entering upon lands owned by another person whereon line 21 oysters or other shellfish are planted or growing; or injuring, line 22 gathering, or carrying away oysters or other shellfish planted, line 23 growing, or on any of those lands, whether covered by water or line 24 not, without the license of the owner or legal occupant; or line 25 damaging, destroying, or removing, or causing to be removed, line 26 damaged, or destroyed, any stakes, marks, fences, or signs intended line 27 to designate the boundaries and limits of those lands. line 28 (h)  (1)  Entering upon lands or buildings owned by another line 29 person without the license of the owner or legal occupant, where line 30 signs forbidding trespass are displayed, and whereon cattle, goats, line 31 pigs, sheep, fowl, or any other animal is being raised, bred, fed, line 32 or held for the purpose of food for human consumption; or injuring, line 33 gathering, or carrying away any animal being housed on any of line 34 those lands, without the license of the owner or legal occupant; or line 35 damaging, destroying, or removing, or causing to be removed, line 36 damaged, or destroyed, any stakes, marks, fences, or signs intended line 37 to designate the boundaries and limits of those lands. line 38 (2)  In order for there to be a violation of this subdivision, the line 39 trespass signs under paragraph (1) shall be displayed at intervals 97 — 3 — AB 1632
line 1 not less than three per mile along all exterior boundaries and at all line 2 roads and trails entering the land.
line 3 (3)  This subdivision does not preclude prosecution or line 4 punishment under any other law, including, but not limited to, line 5 grand theft or any provision that provides for a greater penalty or line 6 longer term of imprisonment.
line 7 (i)  Willfully opening, tearing down, or otherwise destroying a line 8 fence on the enclosed land of another, or opening a gate, bar, or line 9 fence of another and willfully leaving it open without the written line 10 permission of the owner, or maliciously tearing down, mutilating, line 11 or destroying a sign, signboard, or other notice forbidding shooting line 12 on private property.
line 13 (j)  Building fires upon lands owned by another where signs line 14 forbidding trespass are displayed at intervals not greater than one line 15 mile along the exterior boundaries and at all roads and trails line 16 entering the lands, without first having obtained written permission line 17 from the owner of the lands or the owner’s agent, or the person in line 18 lawful possession.
line 19 (k)  Entering lands, whether unenclosed or enclosed by fence, line 20 for the purpose of injuring property or property rights or with the line 21 intention of interfering with, obstructing, or injuring a lawful line 22 business or occupation carried on by the owner of the land, the line 23 owner’s agent, or the person in lawful possession. line 24 (l)  Entering lands under cultivation or enclosed by fence, line 25 belonging to, or occupied by, another, or entering upon uncultivated line 26 or unenclosed lands where signs forbidding trespass are displayed line 27 at intervals not less than three to the mile along all exterior line 28 boundaries and at all roads and trails entering the lands without line 29 the written permission of the owner of the land, the owner’s agent, line 30 or the person in lawful possession, and any of the following:
line 31 (1)  Refusing or failing to leave the lands immediately upon line 32 being requested by the owner of the land, the owner’s agent, or by line 33 the person in lawful possession to leave the lands. line 34 (2)  Tearing down, mutilating, or destroying a sign, signboard, line 35 or notice forbidding trespass or hunting on the lands. line 36 (3)  Removing, injuring, unlocking, or tampering with a lock on line 37 a gate on or leading into the lands.
line 38 (4)  Discharging a firearm.
97 AB 1632 — 4 —
line 1 (m)  Entering and occupying real property or structures of any line 2 kind without the consent of the owner, the owner’s agent, or the line 3 person in lawful possession.
line 4 (n)  Driving a vehicle, as defined in Section 670 of the Vehicle line 5 Code, upon real property belonging to, or lawfully occupied by, line 6 another and known not to be open to the general public, without line 7 the consent of the owner, the owner’s agent, or the person in lawful line 8 possession. This subdivision does not apply to a person described line 9 in Section 22350 of the Business and Professions Code who is line 10 making a lawful service of process, provided that that, upon exiting line 11 the vehicle, the person proceeds immediately to attempt the service line 12 of process, and leaves immediately upon completing the service line 13 of process or upon the request of the owner, the owner’s agent, or line 14 the person in lawful possession.
line 15 (o)  (1)  Refusing or failing to leave land, real property, or line 16 structures belonging to, or lawfully occupied by, another and not line 17 open to the general public, upon being requested to leave by (A) line 18 a peace officer at the request of the owner, the owner’s agent, or line 19 the person in lawful possession, and and, upon being informed by line 20 the peace officer that they are acting at the request of the owner, line 21 the owner’s agent, or the person in lawful possession, or (B) the line 22 owner, the owner’s agent, or the person in lawful possession. The line 23 owner, the owner’s agent, or the person in lawful possession shall line 24 make a separate request to the peace officer on each occasion when line 25 the peace officer’s assistance in dealing with a trespass is requested. line 26 However, a single request for a peace officer’s assistance, made line 27 in writing on a form provided by the law enforcement agency, may line 28 be made to cover a limited period of time not to exceed a time line 29 period determined by local ordinance or 12 months, whichever is line 30 shorter, and identified by specific dates, during which there is a line 31 fire hazard or the owner, owner’s agent, or person in lawful line 32 possession is absent from the premises or property. In addition, a line 33 single request for a peace officer’s assistance, made in writing on line 34 a form provided by the law enforcement agency, may be made for line 35 a period not to exceed 12 months when the premises or property line 36 is closed to the public and posted as being closed. The requestor line 37 shall inform the law enforcement agency to which the request was line 38 made, in writing, when the assistance is no longer desired, before line 39 the period not exceeding 12 months expires. However, this line 40 subdivision does not apply to persons engaged in lawful labor 97 — 5 — AB 1632
line 1 union activities that are permitted to be carried out on the property line 2 by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor line 3 Relations Act of 1975 (Part 3.5 (commencing with Section 1140) line 4 of Division 2 of the Labor Code) or by the federal National Labor line 5 Relations Act. For purposes of this section, land, real property, or line 6 structures owned or operated by a housing authority for tenants, line 7 as defined in Section 34213.5 of the Health and Safety Code, line 8 constitutes property not open to the general public; however, this line 9 subdivision does not apply to persons on the premises who are line 10 engaging in activities protected by the California or United States line 11 Constitution, or to persons who are on the premises at the request line 12 of a resident or management and who are not loitering or otherwise line 13 suspected of violating or actually violating a law or ordinance. line 14 (2)  A request for a peace officer’s assistance shall expire upon line 15 transfer of ownership of the property or upon a change in the person line 16 in lawful possession.
line 17 (3)  A request for a peace officer’s assistance in dealing with a line 18 trespass may be submitted electronically. A local government may line 19 accept electronic submissions of requests pursuant to this line 20 subdivision.
line 21 (4)  (A)  A request for a peace officer’s assistance submitted line 22 pursuant to this subdivision shall include a written declaration, line 23 signed under penalty of perjury pursuant to the laws of the State line 24 of California, stating all of the following:
line 25 (i)  The signer is the owner of the property, the owner’s line 26 authorized agent, or the person in lawful possession of the line 27 property.
line 28 (ii)  The signer has legal authority to request law enforcement line 29 action with respect to trespass on the identified property. line 30 (iii)  The information provided in the request is true and correct. line 31 (iv)  The signer acknowledges that law enforcement may rely on line 32 this declaration in taking enforcement action.
line 33 (v)  The signer shall notify the law enforcement agency in writing line 34 if the signer no longer has legal authority over the property or if line 35 the request for assistance is withdrawn.
line 36 (B)  A law enforcement agency and its officers may reasonably line 37 rely on a declaration submitted pursuant to this paragraph unless line 38 they have actual knowledge that the declaration is false. line 39 (p)  Entering upon lands declared closed to entry, as provided line 40 in Section 4256 of the Public Resources Code, if the closed areas 97 AB 1632 — 6 —
line 1 have been posted with notices declaring the closure, at intervals line 2 not greater than one mile along the exterior boundaries or along line 3 roads and trails passing through the lands.
line 4 (q)  Refusing or failing to leave a public building of a public line 5 agency during those hours of the day or night when the building line 6 is regularly closed to the public upon being requested to do so by line 7 a regularly employed guard, watchperson, or custodian of the line 8 public agency owning or maintaining the building or property, if line 9 the surrounding circumstances would indicate to a reasonable line 10 person that the person has no apparent lawful business to pursue. line 11 (r)  Knowingly skiing in an area or on a ski trail that is closed line 12 to the public and that has signs posted indicating the closure. line 13 (s)  Refusing or failing to leave a hotel or motel, where the person line 14 has obtained accommodations and has refused to pay for those line 15 accommodations, upon request of the proprietor or manager and line 16 the occupancy is exempt, pursuant to subdivision (b) of Section line 17 1940 of the Civil Code, from Chapter 2 (commencing with Section line 18 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For line 19 purposes of this subdivision, occupancy at a hotel or motel for a line 20 continuous period of 30 days or less shall, in the absence of a line 21 written agreement to the contrary, or other written evidence of a line 22 periodic tenancy of indefinite duration, be exempt from Chapter line 23 2 (commencing with Section 1940) of Title 5 of Part 4 of Division line 24 3 of the Civil Code.
line 25 (t)  (1)  Entering upon private property, including contiguous line 26 land, real property, or structures thereon belonging to the same line 27 owner, whether or not generally open to the public, after having line 28 been informed by a peace officer at the request of the owner, the line 29 owner’s agent, or the person in lawful possession, and upon being line 30 informed by the peace officer that the peace officer is acting at the line 31 request of the owner, the owner’s agent, or the person in lawful line 32 possession, that the property is not open to the particular person; line 33 person, or refusing or failing to leave the property upon being line 34 asked to leave the property in the manner provided in this line 35 subdivision.
line 36 (2)  This subdivision applies only to a person who has been line 37 convicted of a crime committed upon the particular private line 38 property.
line 39 (3)  A single notification or request to the person as set forth line 40 above shall be valid and enforceable under this subdivision unless 97 — 7 — AB 1632
line 1 and until rescinded by the owner, the owner’s agent, or the person line 2 in lawful possession of the property.
line 3 (4)  Where the person has been convicted of a violent felony, as line 4 described in subdivision (c) of Section 667.5, this subdivision line 5 applies without time limitation. Where the person has been line 6 convicted of any other felony, this subdivision applies for no more line 7 than five years from the date of conviction. Where the person has line 8 been convicted of a misdemeanor, this subdivision applies for no line 9 more than two years from the date of conviction. Where the person line 10 was convicted for an infraction pursuant to Section 490.1, this line 11 subdivision applies for no more than one year from the date of line 12 conviction. This subdivision does not apply to convictions for any line 13 other infraction.
line 14 (u)  (1)  Knowingly entering, by an unauthorized person, upon line 15 an airport operations area, passenger vessel terminal, or public line 16 transit facility if the area has been posted with notices restricting line 17 access to authorized personnel only and the postings occur not line 18 greater than every 150 feet along the exterior boundary, to the line 19 extent, in the case of a passenger vessel terminal, as defined in line 20 subparagraph (B) of paragraph (3), that the exterior boundary line 21 extends shoreside. To the extent that the exterior boundary of a line 22 passenger vessel terminal operations area extends waterside, this line 23 prohibition applies if notices have been posted in a manner line 24 consistent with the requirements for the shoreside exterior line 25 boundary, or in any other manner approved by the captain of the line 26 port.
line 27 (2)  A person convicted of a violation of paragraph (1) shall be line 28 punished as follows:
line 29 (A)  By a fine not exceeding one hundred dollars ($100). line 30 (B)  By imprisonment in a county jail not exceeding six months, line 31 or by a fine not exceeding one thousand dollars ($1,000), or by line 32 both that fine and imprisonment, if the person refuses to leave the line 33 airport or passenger vessel terminal after being requested to leave line 34 by a peace officer or authorized personnel.
line 35 (C)  By imprisonment in a county jail not exceeding six months, line 36 or by a fine not exceeding one thousand dollars ($1,000), or by line 37 both that fine and imprisonment, for a second or subsequent line 38 offense.
line 39 (3)  As used in this subdivision, the following definitions shall line 40 control:
97 AB 1632 — 8 —
line 1 (A)  “Airport operations area” means that part of the airport used line 2 by aircraft for landing, taking off, surface maneuvering, loading line 3 and unloading, refueling, parking, or maintenance, where aircraft line 4 support vehicles and facilities exist, and which is not for public line 5 use or public vehicular traffic.
line 6 (B)  “Passenger vessel terminal” means only that portion of a line 7 harbor or port facility, as described in Section 105.105(a)(2) of line 8 Title 33 of the Code of Federal Regulations, with a secured area line 9 that regularly serves scheduled commuter or passenger operations. line 10 For the purposes of this section, “passenger vessel terminal” does line 11 not include any area designated a public access area pursuant to line 12 Section 105.106 of Title 33 of the Code of Federal Regulations. line 13 (C)  “Public transit facility” has the same meaning as specified line 14 in Section 171.7.
line 15 (D)  (i)  “Authorized personnel” means a person who has a valid line 16 airport identification card issued by the airport operator or has a line 17 valid airline identification card recognized by the airport operator, line 18 or any person not in possession of an airport or airline identification line 19 card who is being escorted for legitimate purposes by a person line 20 with an airport or airline identification card. line 21 (ii)  “Authorized personnel” also means a person who has a valid line 22 port identification card issued by the harbor operator, or who has line 23 a valid company identification card issued by a commercial line 24 maritime enterprise recognized by the harbor operator, or any other line 25 person who is being escorted for legitimate purposes by a person line 26 with a valid port or qualifying company identification card. line 27 (iii)  “Authorized personnel” also means a person who has a line 28 valid public transit employee identification card. line 29 (E)  “Airport” means a facility whose function is to support line 30 commercial aviation.
line 31 (v)  (1)  Except as permitted by federal law, intentionally line 32 avoiding submission to the screening and inspection of one’s line 33 person and accessible property in accordance with the procedures line 34 being applied to control access when entering or reentering a sterile line 35 area of an airport, passenger vessel terminal, as defined in line 36 subdivision (u), or public transit facility, as defined in Section line 37 171.7, if the sterile area is posted with a statement providing line 38 reasonable notice that prosecution may result from a trespass line 39 described in this subdivision, is a violation of this subdivision, line 40 punishable by a fine of not more than five hundred dollars ($500) 97 — 9 — AB 1632
line 1 for the first offense. A second and subsequent violation is a line 2 misdemeanor, punishable by imprisonment in a county jail for a line 3 period of not more than one year, or by a fine not to exceed one line 4 thousand dollars ($1,000), or by both that fine and imprisonment. line 5 (2)  Notwithstanding paragraph (1), if a first violation of this line 6 subdivision is responsible for the evacuation of an airport terminal, line 7 passenger vessel terminal, or public transit facility and is line 8 responsible in any part for delays or cancellations of scheduled line 9 flights or departures, it is punishable by imprisonment of not more line 10 than one year in a county jail.
line 11 (w)  Refusing or failing to leave the location of a domestic line 12 violence shelter-based program at any time after being requested line 13 to leave by a managing authority of the shelter. line 14 (1)  A person who is convicted of violating this subdivision shall line 15 be punished by imprisonment in a county jail for not more than line 16 one year.
line 17 (2)  The court may order a defendant who is convicted of line 18 violating this subdivision to make restitution to a victim of line 19 domestic violence in an amount equal to the relocation expenses line 20 of the victim of domestic violence and the victim’s children if line 21 those expenses are incurred as a result of trespass by the defendant line 22 at the location of a domestic violence shelter-based program. line 23 (x)  (1)  Knowingly entering or remaining in a neonatal unit, line 24 maternity ward, or birthing center located in a hospital or clinic line 25 without lawful business to pursue therein, if the area has been line 26 posted so as to give reasonable notice restricting access to those line 27 with lawful business to pursue therein and the surrounding line 28 circumstances would indicate to a reasonable person that the person line 29 has no lawful business to pursue therein. Reasonable notice is that line 30 which would give actual notice to a reasonable person, and is line 31 posted, at a minimum, at each entrance into the area. line 32 (2)  A person convicted of a violation of paragraph (1) shall be line 33 punished as follows:
line 34 (A)  As an infraction, by a fine not exceeding one hundred dollars line 35 ($100).
line 36 (B)  By imprisonment in a county jail not exceeding one year, line 37 or by a fine not exceeding one thousand dollars ($1,000), or by line 38 both that fine and imprisonment, if the person refuses to leave the line 39 posted area after being requested to leave by a peace officer or line 40 other authorized person.
97 AB 1632 — 10 —
line 1 (C)  By imprisonment in a county jail not exceeding one year, line 2 or by a fine not exceeding two thousand dollars ($2,000), or by line 3 both that fine and imprisonment, for a second or subsequent line 4 offense.
line 5 (D)  If probation is granted or the execution or imposition of line 6 sentencing is suspended for a person convicted under this line 7 subdivision, it shall be a condition of probation that the person line 8 participate in counseling, as designated by the court, unless the line 9 court finds good cause not to impose this requirement. The court line 10 shall require the person to pay for this counseling, if ordered, unless line 11 good cause not to pay is shown.
line 12 (y)  Except as permitted by federal law, intentionally avoiding line 13 submission to the screening and inspection of one’s person and line 14 accessible property in accordance with the procedures being applied line 15 to control access when entering or reentering a courthouse or a line 16 city, county, city and county, or state building if entrances to the line 17 courthouse or the city, county, city and county, or state building line 18 have been posted with a statement providing reasonable notice line 19 that prosecution may result from a trespass described in this line 20 subdivision.
line 21 SEC. 2. No reimbursement is required by this act pursuant to line 22 Section 6 of Article XIII B of the California Constitution because line 23 the only costs that may be incurred by a local agency or school line 24 district will be incurred because this act creates a new crime or line 25 infraction, eliminates a crime or infraction, or changes the penalty line 26 for a crime or infraction, within the meaning of Section 17556 of line 27 the Government Code, or changes the definition of a crime within line 28 the meaning of Section 6 of Article XIII B of the California line 29 Constitution.

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97 — 11 — AB 1632

AMENDED IN SENATE JULY 2, 2026
AMENDED IN SENATE JUNE 22, 2026
AMENDED IN SENATE JUNE 10, 2026
AMENDED IN ASSEMBLY MAY 18, 2026
AMENDED IN ASSEMBLY MARCH 26, 2026
AMENDED IN ASSEMBLY MARCH 16, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1738
Introduced by Assembly Member Carrillo
(Principal coauthor: Assembly Member Wicks)
(Coauthors: Assembly Members Harabedian, Quirk-Silva, and Tangipa)
(Coauthors: Senators Allen, Stern, and Wiener)
February 5, 2026
An act to add Section 17970.9 to the Health and Safety Code, relating to housing.
legislative counsel’s digest
AB 1738, as amended, Carrillo. State Housing Law: remote inspections.

Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires the building department of every city or county to enforce the provisions of the State Housing Law, the State Building Standards Code, and other specified rules and regulations promulgated pursuant to the State Housing Law pertaining to standards

93 for buildings used for human habitation. Existing law authorizes an officer, employee, or agent of an enforcement agency to enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of the State Housing Law, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of the State Housing Law. Existing law provides certain immunities to a public entity or employee immunity relative to an inspection or license, as provided.

This bill would require a city, including a charter city, county, or city and county, except as specified, to offer a homeowner or contractor, as described, the option of requesting remote inspections for all or a subset of an inspection required by a building permit for specified works in one- or 2-family dwelling units, by either January 1, 2028, or July 1, 2028, as provided. The bill would authorize these local agencies to adopt reasonable protocols governing the technical conduct of a remote inspection, as specified. The bill would apply the above-described immunities to remote inspections. The bill would authorize these local agencies to temporarily ban the homeowner or contractor from using the remote inspection if a homeowner is found to have willfully misrepresented the work, as provided. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)  California faces a housing affordability crisis where every line 4 unnecessary cost and time increase compounds the challenge of line 5 building homes.
93 AB 1738 — 2 —
line 1 (b)  A meaningful portion of the staff time at a building line 2 department is spent inspecting simple home renovations, which line 3 takes time away from the more urgent need for getting new housing line 4 built and drives up the cost that families face in making line 5 improvements to their homes, including in adding additional line 6 dwelling units.
line 7 (c)  Many homeowners and contractors circumvent permitting line 8 processes altogether for home renovation projects. A 2019 Public line 9 Utilities Commission report found just one-third of heating, line 10 ventilation, and air-conditioning systems changeouts had permits. line 11 (d)  The COVID-19 pandemic disrupted the operations of local line 12 jurisdictions across the country, forcing many building inspection line 13 departments to pivot to remote inspections for routine building line 14 inspections.
line 15 (e)  Remote virtual inspections (RVIs) are becoming increasingly line 16 widespread, both in California and the rest of the country, with line 17 over a dozen municipalities in California currently offering remote line 18 inspections for at least one type of permit.
line 19 (f)  Remote virtual inspections can reduce travel costs and free line 20 up time for construction inspectors, speed up permitting timelines, line 21 reduce the cost of renovations, improve construction inspector line 22 safety, and streamline disaster recovery by reducing permit delays line 23 and reducing work backlogs.
line 24 (g)  The oversight of permitting and inspections is a matter of line 25 statewide concern and is not a municipal affair as that term is used line 26 in Section 5 of Article XI of the California Constitution. Therefore, line 27 Section 2 of this act adding Section 17970.9 to the Health and line 28 Safety Code applies to all cities, including charter cities. line 29 SEC. 2. Section 17970.9 is added to the Health and Safety line 30 Code, to read:
line 31 17970.9. (a)  (1)  A local agency shall offer a homeowner, or line 32 a contractor upon providing the city or county written consent by line 33 the homeowner, the option of requesting a remote inspection for line 34 all or a subset of inspections required by a building permit for any line 35 of the following projects in single- or two-family dwelling units:
line 36 (A)  (i)  Residential heat pump water heaters, including the line 37 alteration, extension, or replacement of components of an existing line 38 electrical system to support the installation of a heat pump water line 39 heater.
93 — 3 — AB 1738
line 1 (ii)  As part of the electrical work appurtenant to the installation line 2 of the residential heat pump water heater, the local agency shall line 3 not be required to allow for remote inspections of new or upgraded line 4 main electrical services as part of the included scope, but may at line 5 their discretion elect to remotely inspect new electrical service line 6 installations in support of residential heat pump water heater line 7 installations.
line 8 (B)  (i)  Subject to the discretion of the inspector, residential line 9 heat pump heating, ventilation, and air-conditioning (HVAC) line 10 systems, including the alteration, extension, or replacement of line 11 components of an existing electrical system to support the line 12 installation of a heat pump HVAC system.
line 13 (ii)  As part of the electrical work appurtenant to the installation line 14 of the residential heat pump HVAC system, the local agency shall line 15 not be required to allow for remote inspections of new or upgraded line 16 main electrical services as part of the included scope, but may at line 17 their discretion elect to remotely inspect new electrical service line 18 installations in support of residential heat pump HVAC system line 19 installations.
line 20 (C)  Residential reroofs.
line 21 (D)  Photovoltaic systems, with an alternating current nameplate line 22 rating less than or equal to 15 kilowatts, and energy storage line 23 systems.
line 24 (E)  Smoke and carbon monoxide detectors.
line 25 (2)  The remote inspection shall be conducted offsite, with the line 26 homeowner or contractor using one of the following methods, at line 27 the discretion of the local construction inspector:
line 28 (A)  Videoconferencing.
line 29 (B)  Recorded photos and videos.
line 30 (3)  If a local agency requires an inspection to be performed line 31 remotely, in lieu of the written consent required pursuant to line 32 paragraph (1), the contractor shall disclose to the homeowner the line 33 local agency’s requirement that the inspection be performed line 34 remotely.
line 35 (b)  (1)  This section shall not apply to a city with a population line 36 of fewer than 5,000 or a county with a population of fewer than line 37 150,000, including each city within that county. line 38 (2)  A local agency that is a qualifying city or county shall satisfy line 39 the requirements of subdivision (a) by July 1, 2028. 93 AB 1738 — 4 —
line 1 (3)  A local agency that is not a qualifying city or county shall line 2 satisfy the requirements of subdivision (a) by January 1, 2028. line 3 (c)  A local agency may keep a digital record of the remote line 4 inspection conducted pursuant to subdivision (a) or (b) for later line 5 review, training, or compliance.
line 6 (d)  A local agency may adopt reasonable protocols governing line 7 the technical conduct of a remote inspection conducted pursuant line 8 to subdivision (a), including protocol to ensure the following:
line 9 (1)  The inspector is able to adequately observe the work that is line 10 the subject of the inspection, including that the field of view, image line 11 quality, or camera coverage is sufficient to verify compliance with line 12 applicable building standards.
line 13 (2)  The work shown in a remote inspection is the actual work line 14 performed under the building permit, at the permitted location, line 15 and the video or photo inspection begins at the street, clearly line 16 showing the property address at the front of the building or proof line 17 of location.
line 18 (3)  The technology and broadband connectivity used during a line 19 remote inspection are sufficient for the inspector to reliably observe line 20 and verify the work.
line 21 (e)  (1)  If a homeowner or contractor fails a remote inspection line 22 required by a building permit conducted pursuant to subdivision line 23 (a), a construction inspector may, at their discretion, conduct future line 24 inspections required by that building permit remotely or in person. line 25 (2)  This section shall not be construed to limit, supersede, or line 26 otherwise abridge the authority of a construction inspector, after line 27 attempting to verify compliance with applicable codes and line 28 regulations via a remote inspection, to terminate that remote line 29 inspection and require that the inspection be conducted in person line 30 if the inspector cannot verify compliance with applicable codes or line 31 regulations via the remote inspection.
line 32 (f)  A local agency shall offer a remote inspection at no greater line 33 cost and with no greater delay than in-person inspection. line 34 (g)  All liabilities and immunities, including, but not limited to, line 35 the immunities provided in Sections 818.4, 818.6, and 821.2 of line 36 the Government Code, applicable to local agencies and their line 37 employees shall apply to a remote inspection.
line 38 (h)  (1)  If a homeowner or contractor is found to have willfully line 39 misrepresented the work that is the subject of a remote inspection, line 40 a city, including a local agency may temporarily ban the 93 — 5 — AB 1738
line 1 homeowner or contractor from using a remote inspection for a line 2 period of time determined by the city or county, not to exceed 6 line 3 months for the first offense and 12 months for offenses thereafter. line 4 (2)  A local agency may enter into agreements with other local line 5 agencies to enforce each other’s temporary homeowner or line 6 contractor bans.
line 7 (i)  Nothing in this section shall be construed to prohibit a local line 8 agency from adopting or implementing remote inspections in a line 9 manner more permissive, or allowing additional types of building line 10 permits to be inspected remotely, than provided in this section. line 11 (j)  For purposes of this section:
line 12 (1)  “Local agency” means a city, including a charter city, county, line 13 or city and county.
line 14 (2)  “Qualifying city or county” means a city with a population line 15 of 50,000 or fewer that is not exempt pursuant to paragraph (1) of line 16 subdivision (b).
line 17 SEC. 3. No reimbursement is required by this act pursuant to line 18 Section 6 of Article XIIIB of the California Constitution because line 19 a local agency or school district has the authority to levy service line 20 charges, fees, or assessments sufficient to pay for the program or line 21 level of service mandated by this act, within the meaning of Section line 22 17556 of the Government Code.

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93 AB 1738 — 6 —
AMENDED IN SENATE JULY 2, 2026
AMENDED IN SENATE JUNE 29, 2026
AMENDED IN SENATE JUNE 17, 2026
AMENDED IN ASSEMBLY MAY 18, 2026
AMENDED IN ASSEMBLY APRIL 20, 2026
AMENDED IN ASSEMBLY APRIL 16, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1751
Introduced by Assembly Members Quirk-Silva and Wicks
February 9, 2026
An act to add Section 65852.29 to, and to add Chapter 9 (commencing with Section 66499.45) to Division 2 of Title 7 of, the Government Code, relating to housing.
legislative counsel’s digest
AB 1751, as amended, Quirk-Silva. Missing Middle Townhome Ownership Act.

Existing law, the Planning and Zoning Law, contains various provisions requiring a local government that receives an application for certain types of qualified housing developments to review the application under a streamlined, ministerial approval process, depending on the type of housing development, as specified. Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative,

93 final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except 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 does not apply to the approval of ministerial projects.

This bill, the Missing Middle Townhome Ownership Act, would authorize a development proponent to submit an application for a townhome housing development project that is subject to a prescribed ministerial approval process if the development complies with certain procedural requirements and satisfies specified objective planning standards. The bill would also require a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a townhome development project that meets specified requirements, including that the proposed subdivision will result in parcels and residential units that will meet prescribed densities complies with the requirements established by the bill for ministerial approval of a townhome development project, as described in the preceding sentence, and that the newly created parcels are no smaller than 600 square feet. The act would define “townhome” for these purposes to mean a single-family dwelling unit that is less than or equal to 3 stories of occupiable square footage and either shares a common wall, as specified, or is separated from one or more neighboring units 93 AB 1751 — 2 —
by an air gap, no more than a specified fire separation distance, and would define “townhome development project” to mean a housing development project consisting that consists entirely of residential units that satisfy this definition of townhome and meeting meets prescribed density requirements, size requirements, and unit limits. The bill would authorize a local agency to disapprove a townhome housing development project, or deny the issuance of a parcel map, a tentative map, map or a final map for a townhome development project, allowed under the bill’s provisions if it makes written findings based upon a preponderance of the evidence that the proposed townhome housing development project would have a specific, adverse impact, as provided in specified law, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

The bill would authorize a local agency to adopt an ordinance to implement its provisions and would provide that the adoption of such an ordinance is not a project under CEQA.

By establishing new ministerial approval processes relating to townhome development projects, as described above, this bill would expand the scope of the exemption from CEQA for ministerial projects.

Further, by adding to the duties of local officials with respect to the review and approval of townhome development projects, the bill would impose a state-mandated local program.

This bill would exempt the City and County of San Francisco from its provisions.

The bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.

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, except as provided.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.
93 — 3 — AB 1751
The people of the State of California do enact as follows:
line 1 SECTION 1. This bill shall be known, and may be cited, as line 2 the Missing Middle Townhome Ownership Act.
line 3 SEC. 2. Section 65852.29 is added to the Government Code, line 4 to read:
line 5 65852.29. (a)  A development proponent may submit an line 6 application for a townhome housing development project that line 7 meets the requirements of this section. section and Section 66499.5. line 8 A townhome housing development project application under this line 9 section includes any city, or for townhome development projects line 10 located in an unincorporated area of a county, land use and zoning line 11 approvals required to authorize construction and occupation of the line 12 townhome housing development project, including, but not limited line 13 to, subdivision, building, grading, and other permits. line 14 (b)  (1)  For any townhome housing development project line 15 application submitted pursuant to this section, a local agency may line 16 impose objective general plan standards, objective zoning line 17 standards, objective subdivision standards, or objective design line 18 standards that are applicable to the townhome housing development line 19 project, and do not conflict with this section. line 20 (2)  Notwithstanding paragraph (1), a local agency shall not line 21 impose on a townhome housing development project an objective line 22 general plan standard, objective zoning standard, objective line 23 subdivision standard, or objective design standard that does or is line 24 any of the following:
line 25 (A)  Physically precludes the development of a proposed line 26 townhome housing development project that complies with at least line 27 75 percent of the applicable density specified in subparagraph (B) line 28 of paragraph (3) of subdivision (c) of Section 65583.2. line 29 (B)  Imposes (i)  Except as provided in clause (ii), imposes any line 30 requirement that applies to a townhome housing development line 31 project solely or partially on the basis that the project receives line 32 approval pursuant to this section.
line 33 (ii)  If the townhome development project is proposed on a site line 34 with a general plan designation or zoning classification that does line 35 not allow the density proposed by the townhome development line 36 project, the local agency may require the project to comply with line 37 the objective general plan standards, objective zoning standards, line 38 objective subdivision standards, and objective design standards 93 AB 1751 — 4 —
line 1 that would have applied to the project had it been proposed on a line 2 site with a general plan designation and zoning classification that line 3 allow the density and unit type proposed by the applicant. line 4 (C)  Requires that parking be enclosed or covered or requires line 5 parking capacity or parking designs that are prohibited or restricted line 6 by other law.
line 7 (3)  In addition to any other requirements imposed in accordance line 8 with this section, a local agency may require the construction or line 9 dedication of any improvements, facilities, infrastructure, or line 10 rights-of-way necessary for the townhome development project to line 11 be consistent with the local agency’s general plan. line 12 (c)  (1)  A local agency shall ministerially consider, without line 13 discretionary review or a hearing, an application submitted to a line 14 local agency pursuant to this section.
line 15 (2)  This section is subject to the applicable housing application line 16 procedures, inclusive of the preliminary application, process for line 17 completing the application, and standards, permitting timelines as line 18 well as other requirements applicable to housing applications, set line 19 forth in the Housing Accountability Act (Section 65589.5) and the line 20 Permit Streamlining Act (Chapter 4.5 (commencing with Section line 21 65920)).
line 22 (d)  A local agency may disapprove a townhome housing line 23 development project that meets the requirements of this section if line 24 it makes a written finding, based upon a preponderance of the line 25 evidence, that the proposed townhome housing development project line 26 would have a specific, adverse impact, as defined and determined line 27 in paragraph (2) of subdivision (d) of Section 65589.5, upon public line 28 health and safety and for which there is no feasible method to line 29 satisfactorily mitigate or avoid the specific, adverse impact. line 30 (e)  A local agency may adopt an ordinance to implement the line 31 provisions of this section. An ordinance adopted to implement this line 32 section shall not be considered a project under Division 13 line 33 (commencing with Section 21000) of the Public Resources Code. line 34 (f)  A local agency shall follow the tribal consultation procedures line 35 described in subdivision (b) of Section 21080.66 of the Public line 36 Resources Code.
line 37 (g)  Nothing in this section shall be construed to supersede or line 38 in any way alter or lessen the effect or application of the California line 39 Coastal Act of 1976 (Division 20 (commencing with Section 30000) line 40 of the Public Resources Code).
93 — 5 — AB 1751
line 1 (f)
line 2 (h)  This section shall not apply to the City and County of San line 3 Francisco.
line 4 (g)
line 5 (i)  For purposes of this section:
line 6 (1)  “Townhome” means a single-family dwelling unit that is line 7 less than or equal to three stories of occupiable square footage, line 8 and meets either of the following conditions:
line 9 (A)  Shares a common wall with other single-family dwelling line 10 units on one or two sides.
line 11 (B)  Is separated from one or more neighboring units by an air line 12 gap. no more than the minimum fire separation distance as set line 13 forth in the building standards for residential buildings in Chapter line 14 3 of Part 2.5 of Title 24 of the California Building Standards Code. line 15 (2)  “Townhome development project” means a housing line 16 development project consisting project, as defined in Section line 17 65589.5, that consists entirely of residential units that satisfy the line 18 definition of townhome and meeting at least 75 percent of the line 19 applicable density described in subparagraph (B) of paragraph (3) line 20 of subdivision (c) of Section 65583.2 and a townhome, and that line 21 satisfies both all of the following:
line 22 (A)  The average total area of floorspace for the proposed line 23 townhomes in a townhome development project does not exceed line 24 1,750 net habitable square feet. For purposes of this paragraph, line 25 “net habitable square feet” means the finished and heated floor line 26 area fully enclosed by the inside surface of walls, windows, doors, line 27 and partitions, and having a headroom of at least six and one-half line 28 feet, including working, living, eating, cooking, sleeping, stair, line 29 hall, service, and storage areas, but excluding garages, carports, line 30 parking spaces, cellars, half-stories, and unfinished attics and line 31 basements.
line 32 (B)  It contains no more than 150 total units.
line 33 (C)  It has at least 75 percent of the applicable density described line 34 in subparagraph (B) of paragraph (3) of subdivision (c) of Section line 35 65583.2.
line 36 (D)  At least 10 percent of the total units, as defined in line 37 subparagraph (A) of paragraph (9) of subdivision (o) of Section line 38 65915, are dedicated to lower income households, as defined in line 39 Section 50079.5 of the Health and Safety Code.
93 AB 1751 — 6 —
line 1 SEC. 3. Chapter 9 (commencing with Section 66499.45) is line 2 added to Division 2 of Title 7 of the Government Code, to read:
line 3
line 4 Chapter 9. The Missing Middle Townhome Ownership line 5 Act
line 6
line 7 66499.45. For purposes of this chapter:
line 8 (a)  “Townhome” has the same meaning as defined in Section line 9 65852.29.
line 10 (b)  “Townhome development project” has the same meaning line 11 as defined in Section 65852.29.
line 12 66499.46. A local agency shall ministerially consider, without line 13 discretionary review or a hearing, a parcel map or a tentative and line 14 final map for a townhome development project that meets all of line 15 the following requirements:
line 16 (a)  (1)  The proposed subdivision will result in parcels and line 17 residential units that will meet at least 75 percent of the applicable line 18 density specified in subparagraph (B) of paragraph (3) of line 19 subdivision (c) of Section 65583.2.
line 20 (a)  (1)  The requirements of Section 65852.29. line 21 (2)  The proposed subdivision meets all of the following line 22 requirements:
line 23 (A)  The subdivision site satisfies either of the following line 24 eligibility criteria:
line 25 (i)  Zoned to allow multifamily residential dwelling use. line 26 (ii)  Underutilized and zoned exclusively for single-family line 27 residential development. For purposes of this clause, line 28 “underutilized” means having no permanent residential structure, line 29 unless the permanent residential structure is abandoned and line 30 uninhabitable. “Underutilized” does not include either of the line 31 following:
line 32 (I)  Housing that is subject to a recorded covenant, ordinance, line 33 or law that restricts rent or sales price to levels affordable to line 34 persons and families of low, very low, or extremely low income. line 35 (II)  Housing that is subject to any form of rent or sales price line 36 control through a local public entity’s valid exercise of its police line 37 power by adopted ordinance. power.
line 38 (B)  The lot is not located on any site where a housing line 39 development would be an allowed use as a transit-oriented housing 93 — 7 — AB 1751
line 1 development pursuant to the applicable requirements of Section line 2 65912.157.
line 3 (C)  The proposed subdivision is not located on a site where an line 4 existing parcel of land or site is governed under any of the line 5 following:
line 6 (i)  The Mobilehome Residency Law (Chapter 2.5 (commencing line 7 with Section 798) of Title 2 of Part 2 of Division 2 of the Civil line 8 Code).
line 9 (ii)  The Recreational Vehicle Park Occupancy Law (Chapter line 10 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of line 11 Division 2 of the Civil Code).
line 12 (iii)  The Mobilehome Parks Act (Part 2.1 (commencing with line 13 Section 18200) of Division 13 of the Health and Safety Code). line 14 (iv)  The Special Occupancy Parks Act (Part 2.3 (commencing line 15 with Section 18860) of Division 13 of the Health and Safety Code). line 16 (D)  If the lot is not located in a nonmetropolitan county or line 17 suburban jurisdiction, as defined in subdivisions (d) to (f), line 18 inclusive, of Section 65583.2, the lot is on an infill site. This line 19 subparagraph shall not apply to a lot located in a metropolitan line 20 county, as defined in subdivisions (d) to (f), inclusive, of Section line 21 65583.2. an urban area, as defined by the United States Census line 22 Bureau, the lot is on an infill site. For purposes of this line 23 subparagraph:
line 24 (i)  “Infill site” means a site where at least three sides of the line 25 perimeter of the site adjoin parcels that are developed. line 26 (ii)  Parcels that are only separated by a street, pedestrian path, line 27 or bicycle path shall be considered to be adjoined. line 28 (3)  The newly created parcels are no smaller than 600 square line 29 feet.
line 30 (4)  The housing units on the lot proposed to be subdivided in line 31 the proposed subdivision are one of the following:
line 32 (A)  Constructed on fee simple ownership lots.
line 33 (B)  Part of a common interest development.
line 34 (C)  Part of a limited-equity housing cooperative, as defined in line 35 Section 817 of the Civil Code.
line 36 (D)  Constructed on land owned by a nonprofit or community line 37 land trust, and the housing unit is sold to the resident in a shared line 38 equity transaction. For the purpose of this subparagraph, line 39 “community land trust” means a nonprofit corporation organized 93 AB 1751 — 8 —
line 1 pursuant to Section 501(c)(3) of the Internal Revenue Code that line 2 satisfies all of the following:
line 3 (i)  Has as its primary purposes the creation and maintenance of line 4 permanently affordable single-family or multifamily residences. line 5 (ii)  All dwellings and units located on the land owned by the line 6 nonprofit corporation are sold to qualified owners to be occupied line 7 as the qualified owner’s primary residence or rented to persons line 8 and families of low or moderate income. For the purpose of this line 9 clause, “qualified owner” means a person or family of low or line 10 moderate income, including a person or family of low or moderate line 11 income who owns a dwelling or unit collectively as a member line 12 occupant or resident shareholder of a limited-equity housing line 13 cooperative.
line 14 (iii)  The land owned by the nonprofit corporation or land trust, line 15 on which a dwelling or unit sold to a qualified owner is situated, line 16 is leased by the nonprofit corporation to the qualified owner for line 17 the convenient occupation and use of that dwelling or unit for a line 18 renewable term of 99 years, or is subject to an alternate form of line 19 shared equity transaction pursuant to which residents recoup all line 20 or most of the mortgage or similar payments paid to the nonprofit line 21 or land trust, and 10 percent of any increase in the value of the line 22 unit is allocated to the departing resident.
line 23 (E)  Part of a tenancy in common, as described in Section 685 line 24 of the Civil Code.
line 25 (5)  The proposed subdivision will not result in any existing line 26 dwelling unit being alienable separate from the title to any other line 27 existing dwelling unit on the lot.
line 28 (6)  The lot proposed to be subdivided is not identified to line 29 accommodate any portion of the jurisdiction’s share of the regional line 30 housing need for low-income or very low income households. line 31 (7)  The development of a townhome development project on line 32 the lot proposed to be subdivided in the proposed subdivision does line 33 not require the demolition or alteration of any of the following line 34 types of housing:
line 35 (A)  Housing that is subject to a recorded covenant, ordinance, line 36 or law that restricts rent to levels affordable to persons and families line 37 of low, very low, or extremely low income.
line 38 (B)  Housing that is subject to any form of rent or price control line 39 through a local public entity’s valid exercise of its police power line 40 through an adopted ordinance. power.
93 — 9 — AB 1751
line 1 (C)  Housing occupied by tenants and subject to rent or price line 2 control within the five years preceding the date of the application, line 3 including housing that has been demolished or that tenants have line 4 vacated prior to the submission of the application for a development line 5 permit.
line 6 (D)  A parcel on which an owner of residential real property has line 7 exercised the owner’s rights under Chapter 12.75 (commencing line 8 with Section 7060) of Division 7 of Title 1 to withdraw line 9 accommodations from rent or lease within 15 years before the date line 10 that the development proponent submits an application. line 11 (E)  A parcel that contained five or more units within the five line 12 years preceding the date of the application.
line 13 (8)  If the proposed townhome development project would result line 14 in 11 or more units, the project shall comply with any applicable line 15 local inclusionary housing requirements.
line 16 (9)  The lot proposed to be subdivided is not located on a site line 17 that is any of the following:
line 18 (A)  Either prime farmland or farmland of statewide importance, line 19 as defined pursuant to United States Department of Agriculture line 20 land inventory and monitoring criteria, as modified for California, line 21 and designated on the maps prepared by the Farmland Mapping line 22 and Monitoring Program of the Department of Conservation, or line 23 land zoned or designated for agricultural protection or preservation line 24 by a local ballot measure that was approved by the voters of that line 25 jurisdiction.
line 26 (B)  Wetlands, as defined in the United States Fish and Wildlife line 27 Service Manual, Part 660 FW 2 (June 21, 1993).
line 28 (C)  Within a very high fire hazard severity zone, as determined line 29 by the Department of Forestry and Fire Protection pursuant to line 30 Section 51178, or within a high or very high fire hazard severity line 31 zone as indicated on maps adopted by the Department of Forestry line 32 and Fire Protection pursuant to Section 4202 of the Public line 33 Resources Code.
line 34 (D)  A hazardous waste site that is listed pursuant to Section line 35 65962.5 or a hazardous waste site designated by the Department line 36 of Toxic Substances Control pursuant to former Section 25356 of line 37 the Health and Safety Code, unless either of the following applies:
line 38 (i)  The site is an underground storage tank site that received a line 39 uniform closure letter issued pursuant to subdivision (g) of Section line 40 25296.10 of the Health and Safety Code based on closure criteria 93 AB 1751 — 10 —
line 1 established by the State Water Resources Control Board for line 2 residential use or residential mixed uses. This section does not line 3 alter or change the conditions to remove a site from the list of line 4 hazardous waste sites listed pursuant to Section 65962.5. line 5 (ii)  The State Department of Public Health, State Water line 6 Resources Control Board, Department of Toxic Substances Control, line 7 or a local agency making a determination pursuant to subdivision line 8 (c) of Section 25296.10 of the Health and Safety Code, has line 9 otherwise determined that the site is suitable for residential use or line 10 residential mixed uses.
line 11 (E)  Within a delineated earthquake fault zone as determined by line 12 the State Geologist in any official maps published by the State line 13 Geologist, unless the housing development project complies with line 14 applicable seismic protection building code standards adopted by line 15 the California Building Standards Commission under the California line 16 Building Standards Law (Part 2.5 (commencing with Section line 17 18901) of Division 13 of the Health and Safety Code), and by any line 18 local building department under Chapter 12.2 (commencing with line 19 Section 8875) of Division 1 of Title 2.
line 20 (F)  Within a special flood hazard area subject to inundation by line 21 the 1-percent annual chance flood (100-year flood) as determined line 22 by the Federal Emergency Management Agency in any official line 23 maps published by the Federal Emergency Management Agency. line 24 If a development proponent is able to satisfy all applicable federal line 25 qualifying criteria in order to provide that the site satisfies this line 26 paragraph and is otherwise eligible for streamlined approval under line 27 this section, a local government shall not deny the application on line 28 the basis that the development proponent did not comply with any line 29 additional permit requirement, standard, or action adopted by that line 30 local government that is applicable to that site. A housing line 31 development project may be located on a site described in this line 32 subparagraph if either of the following is met:
line 33 (i)  The site has been subject to a Letter of Map Revision line 34 prepared by the Federal Emergency Management Agency and line 35 issued to the local jurisdiction.
line 36 (ii)  The site meets Federal Emergency Management Agency line 37 requirements necessary to meet minimum flood plain management line 38 criteria of the National Flood Insurance Program pursuant to Part line 39 59 (commencing with Section 59.1) and Part 60 (commencing 93 — 11 — AB 1751
line 1 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 2 Code of Federal Regulations.
line 3 (G)  Within a regulatory floodway as determined by the Federal line 4 Emergency Management Agency in any official maps published line 5 by the Federal Emergency Management Agency, unless the housing line 6 development project has received a no-rise certification in line 7 accordance with Section 60.3(d)(3) of Title 44 of the Code of line 8 Federal Regulations. If a development proponent is able to satisfy line 9 all applicable federal qualifying criteria in order to provide that line 10 the site satisfies this subparagraph and is otherwise eligible for line 11 streamlined approval under this section, a local government shall line 12 not deny the application on the basis that the development line 13 proponent did not comply with any additional permit requirement, line 14 standard, or action adopted by that local government that is line 15 applicable to that site.
line 16 (H)  Land identified for conservation in an adopted natural line 17 community conservation plan pursuant to the Natural Community line 18 Conservation Planning Act (Chapter 10 (commencing with Section line 19 2800) of Division 3 of the Fish and Game Code), habitat line 20 conservation plan pursuant to the federal Endangered Species Act line 21 of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural line 22 resource protection plan.
line 23 (I)  Habitat for protected species identified as candidate, line 24 sensitive, or species of special status by state or federal agencies, line 25 fully protected species, or species protected by the federal line 26 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 27 the California Endangered Species Act (Chapter 1.5 (commencing line 28 with Section 2050) of Division 3 of the Fish and Game Code), or line 29 the Native Plant Protection Act (Chapter 10 (commencing with line 30 Section 1900) of Division 2 of the Fish and Game Code). line 31 (J)  Land under conservation easement.
line 32 (10)  The subdivision would not result in the demolition of a line 33 historic structure that was placed on a national, state, or local line 34 historic register before the date a preliminary application was line 35 submitted for the project pursuant to Section 65941.1. line 36 (10)  The development is not located in either of the following:
line 37 (A)  A contributing structure within a historic district included line 38 on the State Historic Resources Inventory, as defined in Section line 39 5020.1 of the Public Resources Code, or a historic property or line 40 district pursuant to a city or county ordinance. 93 AB 1751 — 12 —
line 1 (B)  A parcel individually listed as a historical resource included line 2 in the State Historic Resources Inventory, as defined in Section line 3 5020.1 of the Public Resources Code, or within a property line 4 individually designated or listed as a city or county landmark line 5 under a city or county ordinance.
line 6 (11)  The proposed subdivision conforms to all applicable line 7 objective requirements of this division, except as otherwise line 8 expressly provided in this section.
line 9 (12)  The proposed subdivision complies with all applicable line 10 standards established pursuant to Section 65852.29. line 11 (13)  Any parcels proposed to be created pursuant to this section line 12 will be served by a public water system an existing community line 13 water system, as that term is defined in Section 116275 of the line 14 Health and Safety Code, that has a valid domestic water supply line 15 permit, and a municipal sewer system.
line 16 (14)  If the local zoning applicable to the parcel establishes a line 17 minimum residential density, the minimum residential density, line 18 including the lower end of an applicable residential density range, line 19 is no more than 60 units per acre.
line 20 (b)  A townhome development project on a proposed site to be line 21 subdivided pursuant to this section is not required to comply with line 22 either of the following requirements:
line 23 (1)  A minimum requirement on the size, width, depth, frontage, line 24 or dimensions of an individual parcel created by the housing line 25 development project beyond the minimum parcel size specified line 26 in, or established pursuant to, paragraph (3) of subdivision (a). line 27 (2)  (A)  The formation of a homeowners’ association, except line 28 as required by the Davis-Stirling Common Interest Development line 29 Act (Part 5 (commencing with Section 4000) of Division 4 of the line 30 Civil Code).
line 31 (B)  Subparagraph (A) shall not be construed to prohibit a local line 32 agency from requiring a mechanism for the maintenance of line 33 common space within the subdivision, including, but not limited line 34 to, a road maintenance agreement.
line 35 (c)  A local agency shall approve or deny an application for a line 36 parcel map or a tentative map for a townhome development project line 37 submitted to a local agency pursuant to this section pursuant to line 38 the timelines set forth in the Housing Accountability Act (Section line 39 65589.5) and the Permit Streamlining Act (Chapter 4.5 line 40 (commencing with Section 65920) of Division 1). 93 — 13 — AB 1751
line 1 (d)
line 2 (c)  (1)  Any townhome development project constructed on the line 3 lots proposed to be subdivided pursuant to this section shall comply line 4 with all applicable objective general plan standards, objective line 5 zoning standards, objective subdivision standards, and objective line 6 design standards as established by the local agency that are not line 7 inconsistent with this section and paragraph (2) of subdivision (a) line 8 of Section 65852.29.
line 9 (2)  In addition to any other requirements imposed in accordance line 10 with this section, a local agency may require the construction or line 11 dedication of any improvements, facilities, infrastructure, or line 12 rights-of-way necessary for the townhome development project to line 13 be consistent with the local agency’s general plan. line 14 (e)
line 15 (d)  (1)  (A)  Except as provided in paragraph (2), a person shall line 16 not sell, lease, or finance any parcel or parcels of real property line 17 resulting from a subdivision under this section separately from line 18 any other such parcel or parcels, unless each parcel that is sold, line 19 leased, or financed meets one of the following criteria:
line 20 (i)  The parcel contains a residential structure completed in line 21 compliance with all applicable provisions of the California Building line 22 Standards Code (Title 24 of the California Code of Regulations) line 23 that includes at least one dwelling unit.
line 24 (ii)  The parcel already contains an existing legally permitted line 25 residential structure.
line 26 (iii)  The parcel is reserved for internal circulation, open space, line 27 or common area.
line 28 (iv)  The parcel is the only remaining parcel within the line 29 subdivision that is not developed with a residential structure that line 30 was completed in compliance with all applicable provisions of the line 31 California Building Standards Code (Title 24 of the California line 32 Code of Regulations).
line 33 (B)  A violation of this paragraph shall constitute the sale of real line 34 property that has been divided in violation of the provisions of this line 35 division and shall be subject to the penalties and remedies set forth line 36 in Chapter 7 (commencing with Section 66499.30). line 37 (2)  A local agency may, by ordinance or map condition, line 38 authorize the sale, lease, or finance of any parcel or parcels of real line 39 property resulting from a subdivision under this section without line 40 compliance with the provisions of paragraph (1). 93 AB 1751 — 14 —
line 1 (f)
line 2 (e)  A local agency may deny the issuance of a parcel map, a line 3 tentative map, map or a final map for a townhome development line 4 project allowed under this section if it makes a written finding, line 5 based upon a preponderance of the evidence, that the proposed line 6 townhome development project would have a specific, adverse line 7 impact, as defined and determined in paragraph (2) of subdivision line 8 (d) of Section 65589.5, upon public health and safety and for which line 9 there is no feasible method to satisfactorily mitigate or avoid the line 10 specific, adverse impact.
line 11 (g)
line 12 (f)  A local agency’s approval of a townhome development line 13 project pursuant to this section shall not be considered a project line 14 under Division 13 (commencing with Section 21000) of the Public line 15 Resources Code.
line 16 (h)  (1)
line 17 (g)  Notwithstanding Section 66411.7, 66411.7 or 66499.41, a line 18 local agency is not required to permit an urban lot split on a parcel line 19 created through the exercise of the authority contained within this line 20 section.
line 21 (2)  Notwithstanding Sections 65852.21 and 66411.7, those line 22 sections shall not apply to a site that meets both of the following line 23 requirements:
line 24 (A)  The site is located within a single-family residential line 25 horsekeeping zone designated in a master plan, adopted before line 26 January 1, 1994, that regulates land zoned single-family line 27 horsekeeping, commercial, commercial-recreational, and existing line 28 industrial within the plan area.
line 29 (B)  The applicable local government has an adopted housing line 30 element that is compliant with applicable law.
line 31 (i)
line 32 (h)  A local agency may adopt an ordinance to implement the line 33 provisions of this section. An ordinance adopted to implement this line 34 section shall not be considered a project under Division 13 line 35 (commencing with Section 21000) of the Public Resources Code. line 36 66499.47. This chapter shall not apply to the City and County line 37 of San Francisco.
line 38 SEC. 4. The Legislature finds and declares that a special statute line 39 is necessary and that a general statute cannot be made applicable line 40 within the meaning of Section 16 of Article IV of the California 93 — 15 — AB 1751
line 1 Constitution because of the unique circumstances of the City and line 2 County of San Francisco.
line 3 SEC. 5. The Legislature finds and declares that Sections 2 and line 4 3 of this act adding Section 65852.29 to, and adding Chapter 9 line 5 (commencing with Section 66499.45) to Division 2 of Title 7 of, line 6 the Government Code address a matter of statewide concern rather line 7 than a municipal affair as that term is used in Section 5 of Article line 8 XI of the California Constitution. Therefore, except as provided line 9 therein, Sections 2 and 3 of this act apply to all cities, including line 10 charter cities.
line 11 SEC. 6. No reimbursement is required by this act pursuant to line 12 Section 6 of Article XIIIB of the California Constitution because line 13 a local agency or school district has the authority to levy service line 14 charges, fees, or assessments sufficient to pay for the program or line 15 level of service mandated by this act, within the meaning of Section line 16 17556 of the Government Code.

O
93 AB 1751 — 16 —
AMENDED IN SENATE JUNE 25, 2026
AMENDED IN SENATE JUNE 10, 2026
AMENDED IN ASSEMBLY APRIL 6, 2026
AMENDED IN ASSEMBLY MARCH 16, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1821
Introduced by Assembly Member Pacheco
February 11, 2026
An act to amend Sections 7922.530 and Section 7922.535 of the Government Code, relating to public records.
legislative counsel’s digest
AB 1821, as amended, Pacheco. California Public Records Act:
methods of submission, fees, and agency response time.

Existing law, the California Public Records Act, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law.

This bill would require an agency to designate a physical office location and a specified email address for the submission of requests, and authorize an agency to designate other reasonable methods for the submission of requests, including submission to a physical mailing address, subject to certain requirements, including that the agency accept upon receipt any request that is submitted at the designated physical office location or through the designated email address during the

95 agency’s normal business hours. If an agency designates any method for the submission of requests, the bill would deem a request as properly requested for purposes of specified provisions only if the request was submitted through a method of submission that was designated by the agency. If the agency finds that a request was not submitted through a method of submission that was designated by the agency, the bill would deem the request as not properly requested at the time of submission and not subject to specified timelines otherwise applicable to the request had it been properly requested, except as specified. The bill would require an agency to provide notice to the public of any updates or changes to any method for the submission of requests designated by the agency by posting the updates or changes on its internet website.

If an agency determines that a request is a commercial use request, as defined, the bill would require a requester to submit to the agency, in addition to any other applicable fees, a payment of fees to cover the search and review time, as defined, for the request. The bill would exempt from that fee requirement any request made by an educational or noncommercial scientific institution, as specified, a government agency, and a representative of the news media, as defined. The bill would authorize an agency to petition the superior court for a determination that a requester submitted a request with malicious intent, as specified. If the court determines that the request was submitted with malicious intent, the bill would authorize the agency to impose on the requester, in addition to any other applicable fees, a payment of fees to cover the search and review time for the request. The bill would suspend an agency’s duty to respond to a request during the pendency of any court proceeding under that provision. The bill would specify that the payment of fees by a requester to cover the search and review time for a request for these purposes includes an administrative fee and a professional fee, as specified.

Existing law requires each agency, within 10 days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor. Existing law authorizes that time limit to be extended by no more than 14 days under unusual circumstances, as defined.

This bill would instead require each agency to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person as described above within 10 business days of a request for a copy of records. The bill would instead 95 AB 1821 — 2 —
authorize the time period for each agency to respond to be extended by no more than 14 business days.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7922.530 of the Government Code is line 2 amended to read:
line 3 7922.530. (a)  (1)  Except with respect to public records exempt line 4 from disclosure by express provisions of law, each state or local line 5 agency, upon a request for a copy of records that reasonably line 6 describes an identifiable record or records, shall make the records line 7 promptly available to any person upon payment of fees covering line 8 direct costs of duplication and any fees to cover the search and line 9 review time for a request described in paragraph (3), or a statutory line 10 fee if applicable. Upon request, an exact copy shall be provided line 11 unless impracticable to do so.
line 12 (2)  (A)  An agency shall designate a physical office location line 13 and a specified email address for the submission of requests, and line 14 may designate other reasonable methods for the submission of line 15 requests, including, but not limited to, submission to a specified line 16 physical mailing address or through a specified online portal, line 17 subject to both of the following requirements:
line 18 (i)  The agency shall accept upon receipt any request that is line 19 submitted in person at the designated physical office location or 95 — 3 — AB 1821
line 1 through the designated email address during the agency’s normal line 2 business hours.
line 3 (ii)  An agency shall make any method of submission that was line 4 designated by the agency clearly available on its internet website. line 5 (B)  (i)  If an agency designates any method for the submission line 6 of requests, a request shall be deemed as properly requested for line 7 purposes of this chapter only if the request was submitted through line 8 a method of submission that was designated by the agency. line 9 (ii)  If the agency finds that a request was not submitted through line 10 a method of submission that was designated by the agency, the line 11 request shall not be deemed as properly requested at the time of line 12 submission and shall not be subject to any timelines under this line 13 chapter otherwise applicable to the request had it been properly line 14 requested. This clause shall not apply if the agency had a line 15 reasonable basis to be aware of the request.
line 16 (C)  An agency shall provide notice to the public of any updates line 17 or changes to any method for the submission of requests designated line 18 by the agency by posting the updates or changes on its internet line 19 website.
line 20 (3)  (A)  (i)  If an agency determines that a request is a line 21 commercial use request, the requester shall submit to the agency, line 22 in addition to any other applicable fees, a payment of fees to cover line 23 cost of the search and review time for the request. line 24 (ii)  Clause (i) shall not apply to any request made by any of the line 25 following:
line 26 (I)  An educational or noncommercial scientific institution whose line 27 purpose is scholarly or scientific research.
line 28 (II)  A government agency.
line 29 (III)  A representative of the news media.
line 30 (B)  An agency may petition the superior court for a line 31 determination that a requester submitted a request with malicious line 32 intent, including for the purpose of delaying the agency. If the line 33 court determines that the request was submitted with malicious line 34 intent, the agency may impose on the requester, in addition to any line 35 other applicable fees, a payment of fees to cover the search and line 36 review time for the request. The agency’s duty to respond to the line 37 request shall be suspended during the pendency of any court line 38 proceedings under this subparagraph.
95 AB 1821 — 4 —
line 1 (C)  The payment of fees by a requester to cover the search and line 2 review time for a request pursuant to subparagraphs (A) and (B) line 3 shall be as follows:
line 4 (i)  The payment of fees shall include both of the following fees:
line 5 (I)  An administrative fee in the amount of twenty-two dollars line 6 and thirty-five cents ($22.35) per hour, which may be increased line 7 by a cost-of-living adjustment.
line 8 (II)  A professional fee in the amount of sixty-six dollars and line 9 twenty-six cents ($66.26) per hour, which may be increased by a line 10 cost-of-living adjustment.
line 11 (ii)  For purposes of clause (i), both of the following shall apply:
line 12 (I)  Any charges that are for less than a full hour shall be billed line 13 in quarter-hour segments.
line 14 (II)  The United States city average of the “Consumer Price Index line 15 for all Urban Consumers,” as published by the United States line 16 Bureau of Statistics, shall be used as the basis for determining line 17 changes in the cost of living.
line 18 (D)  For purposes of this paragraph, all of the following line 19 definitions apply:
line 20 (i)  “Commercial use request” means a request from or on behalf line 21 of a person who seeks information for a use or purpose that furthers line 22 the commercial, trade, or profit interests of the requester or the line 23 person on whose behalf the request is made. In determining line 24 whether a requester properly belongs in this category, the agency line 25 may ask the requester to provide information regarding the use to line 26 which a requester will put the documents requested. If the requester line 27 does not promptly provide this information, the agency may infer line 28 that the records have been requested for commercial use. When line 29 the agency has reasonable cause to doubt the requester’s stated line 30 use of the records sought, or where the use is not clear from the line 31 request itself, the agency will seek additional clarification before line 32 assigning the request to a category.
line 33 (ii)  “Representative of the news media” means a person who line 34 regularly gathers, prepares, collects, photographs, records, writes, line 35 edits, reports, or publishes news or information that concerns local, line 36 national, or international events or other matters of public interest line 37 for dissemination to the public for a substantial portion of the line 38 person’s livelihood or for substantial financial gain. line 39 (iii)  “Search and review time” means the actual time spent line 40 identifying and locating records, including material within 95 — 5 — AB 1821
line 1 documents, responsive to a request, determining whether any line 2 portions are exempt from disclosure, and performing all tasks line 3 necessary to prepare the records for disclosure, including redacting line 4 portions exempt from disclosure.
line 5 (b)  A requester who inspects a disclosable record on the line 6 premises of the agency has the right to use the requester’s line 7 equipment on those premises, without being charged any fees or line 8 costs, to photograph or otherwise copy or reproduce the record in line 9 a manner that does not require the equipment to make physical line 10 contact with the record, unless the means of copy or reproduction line 11 would result in either of the following:
line 12 (1)  Damage to the record.
line 13 (2)  Unauthorized access to the agency’s computer systems or line 14 secured networks by using software, equipment, or any other line 15 technology capable of accessing, altering, or compromising the line 16 agency’s electronic records.
line 17 (c)  The agency may impose any reasonable limits on the use of line 18 the requester’s equipment that are necessary to protect the safety line 19 of the records or to prevent the copying of records from being an line 20 unreasonable burden to the orderly function of the agency and its line 21 employees. In addition, the agency may impose any limit that is line 22 necessary to maintain the integrity of, or ensure the long-term line 23 preservation of, historic or high-value records. line 24 SEC. 2.
line 25 SECTION 1. Section 7922.535 of the Government Code is line 26 amended to read:
line 27 7922.535. (a)  Each agency, upon a request for a copy of line 28 records, shall, within 10 business days from receipt of the request, line 29 determine whether the request, in whole or in part, seeks copies line 30 of disclosable public records in the possession of the agency and line 31 shall promptly notify the person making the request of the line 32 determination and the reasons therefor. If the agency determines line 33 that the request seeks disclosable public records, the agency shall line 34 also state the estimated date and time when the records will be line 35 made available.
line 36 (b)  In unusual circumstances, the time limit prescribed in this line 37 article and Article 1 (commencing with Section 7922.500) may line 38 be extended by written notice from the head of the agency or a line 39 designee to the person making the request, setting forth the reasons line 40 for the extension and the date on which a determination is expected 95 AB 1821 — 6 —
line 1 to be dispatched. The notice shall not specify a date that would line 2 result in an extension for more than 14 business days. line 3 (c)  As used in this section, “unusual circumstances” means the line 4 following, but only to the extent reasonably necessary to the proper line 5 processing of the particular request:
line 6 (1)  The need to search for and collect the requested records line 7 from field facilities or other establishments that are separate from line 8 the office processing the request.
line 9 (2)  The need to search for, collect, and appropriately examine line 10 a voluminous amount of separate and distinct records that are line 11 demanded in a single request.
line 12 (3)  The need for consultation, which shall be conducted with line 13 all practicable speed, with another agency having substantial line 14 interest in the determination of the request or among two or more line 15 components of the agency having substantial subject matter interest line 16 therein.
line 17 (4)  The need to compile data, to write programming language line 18 or a computer program, or to construct a computer report to extract line 19 data.
line 20 (5)  The inability of the agency, because of a cyberattack, to line 21 access its electronic servers or systems in order to search for and line 22 obtain a record that the agency believes is responsive to a request line 23 and is maintained on the servers or systems in an electronic format. line 24 (A)  This paragraph does not relieve the agency of its obligation line 25 to comply with subdivision (a) when the requested record is line 26 maintained in a location other than on the electronic server or line 27 system affected by the cyberattack, or maintained in a nonelectronic line 28 format.
line 29 (B)  This paragraph applies only until the agency regains its line 30 ability to access its electronic servers or systems and search for line 31 and obtain electronic records that may be responsive to a request. line 32 (6)  The need to search for, collect, and appropriately examine line 33 records during a state of emergency proclaimed by the Governor line 34 in the jurisdiction where the agency is located when the state of line 35 emergency currently and directly affects, due to the state of line 36 emergency, the agency’s ability to timely respond to requests due line 37 to staffing shortages or closure of facilities where the requested line 38 records are located.
95 — 7 — AB 1821
line 1 (A)  This paragraph shall not apply to a request for records line 2 created during and related to the state of emergency proclaimed line 3 by the Governor.
line 4 (B)  For purposes of this paragraph, “state of emergency” means line 5 a state of emergency proclaimed pursuant to Section 8625 of the line 6 California Emergency Services Act (Chapter 7 (commencing with line 7 Section 8550) of Division 1 of Title 2).
line 8 SEC. 3.
line 9 SEC. 2. The Legislature finds and declares that Section 1 of line 10 this act, which amends Section 7922.530 of the Government Code, line 11 and Section 2 of this act, which amends Section 7922.535 of the line 12 Government Code, further, furthers, within the meaning of line 13 paragraph (7) of subdivision (b) of Section 3 of Article I of the line 14 California Constitution, the purposes of that constitutional section line 15 as it relates to the right of public access to the meetings of local line 16 public bodies or the writings of local public officials and local line 17 agencies. Pursuant to paragraph (7) of subdivision (b) of Section line 18 3 of Article I of the California Constitution, the Legislature makes line 19 the following findings:
line 20 This act balances the right of the public to access public records line 21 in a timely manner while providing public agencies the ability to line 22 designate methods to receive, obtain proper compensation for, and line 23 sufficient time to respond to, public record requests. acknowledging line 24 that state and local agencies provide a variety of public services line 25 and may need additional time to properly respond to requests. line 26 SEC. 4.
line 27 SEC. 3. The Legislature finds and declares that Section 1 of line 28 this act, which amends Section 7922.530 of the Government Code, line 29 and Section 2 of this act, which amends Section 7922.535 of the line 30 Government Code, impose imposes a limitation on the public’s line 31 right of access to the meetings of public bodies or the writings of line 32 public officials and agencies within the meaning of Section 3 of line 33 Article I of the California Constitution. Pursuant to that line 34 constitutional provision, the Legislature makes the following line 35 findings to demonstrate the interest protected by this limitation line 36 and the need for protecting that interest:
line 37 This act balances the right of the public to access public records line 38 in a timely manner while providing public agencies the ability to line 39 designate methods to receive, obtain proper compensation for, and line 40 sufficient time to respond to, public record requests. acknowledging 95 AB 1821 — 8 —
line 1 that state and local agencies provide a variety of public services line 2 and may need additional time to properly respond to requests.

O
95 — 9 — AB 1821

AMENDED IN SENATE JUNE 18, 2026
AMENDED IN ASSEMBLY MAY 18, 2026
AMENDED IN ASSEMBLY APRIL 27, 2026
AMENDED IN ASSEMBLY APRIL 16, 2026
AMENDED IN ASSEMBLY APRIL 7, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1997
Introduced by Assembly Member Lee
February 17, 2026
An act to amend Section 65950 of Sections 65928, 65950, and 65952 of, and to add Section 65928.6 to, the Government Code, relating to housing.
legislative counsel’s digest
AB 1997, as amended, Lee. Land use: housing development approvals: timelines and processes.

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 (EIR) 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

94 the project, as revised, would have a significant effect on the environment.

The Permit Streamlining Act sets forth various procedures for the review and approval of development project applications. Among other things, the act requires a public agency that is the lead agency or a responsible agency for a development project to approve or disapprove the project within a specified period of time, which varies depending on the project’s phase in the CEQA process. The act defines “development project” to include specified housing development projects, as provided.

This bill would additionally require approval or disapproval of a housing development project within 30 days from the date of certification by the lead agency of the EIR, if the EIR is prepared pursuant to specified provisions of CEQA if certain other conditions are met. The bill would also define “housing development project” for the purposes of the Permit Streamlining Act and make additional conforming changes. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65928 of the Government Code is line 2 amended to read:
line 3 65928. (a)  “Development project” means any project line 4 undertaken for the purpose of development. “Development project” line 5 includes a project involving the issuance of a permit for line 6 construction or reconstruction but not a permit to operate. line 7 (b)  (1)  (A)  Except as otherwise provided in subparagraph (B), line 8 “development project” does not include any ministerial projects line 9 proposed to be carried out or approved by public agencies. line 10 (B)  Notwithstanding subparagraph (A), “development project” line 11 includes a housing development project, as that term is defined in line 12 paragraph (3) of subdivision (b) of Section 65905.5, project that 94 AB 1997 — 2 —
line 1 requires an entitlement from a local agency, regardless of whether line 2 the process for permitting that entitlement is discretionary or line 3 ministerial.
line 4 (2)  “Development project” does not include a postentitlement line 5 phase permit, as that term is defined in Section 65913.3. line 6 SEC. 2. Section 65928.6 is added to the Government Code, to line 7 read:
line 8 65928.6. “Housing development project” means a development line 9 project that is a “housing development project,” as that term is line 10 defined in paragraph (3) of subdivision (b) of Section 65905.5. line 11 SECTION 1.
line 12 SEC. 3. Section 65950 of the Government Code is amended line 13 to read:
line 14 65950. (a)  A public agency that is the lead agency for a line 15 development project shall approve or disapprove the project within line 16 whichever of the following periods is applicable:
line 17 (1)  One hundred eighty days from the date of certification by line 18 the lead agency of the environmental impact report, if an line 19 environmental impact report is prepared pursuant to Section 21100 line 20 or 21151 of the Public Resources Code for the development project. line 21 (2)  Ninety days from the date of certification by the lead agency line 22 of the environmental impact report, if an environmental impact line 23 report is prepared pursuant to Section 21100 or 21151 of the Public line 24 Resources Code for a housing development project, pursuant to line 25 subdivision (c). project.
line 26 (3)  Sixty days from the date of certification by the lead agency line 27 of the environmental impact report, if an environmental impact line 28 report is prepared pursuant to Section 21100 or 21151 of the Public line 29 Resources Code for a housing development project, pursuant to line 30 subdivision (c), project and all of the following conditions are met:
line 31 (A)  At least 49 percent of the units in the housing development line 32 project are affordable to very low or low-income households, as line 33 defined by Sections 50105 and 50079.5 of the Health and Safety line 34 Code, respectively. Rents for the lower income units shall be set line 35 at an affordable rent, as that term is defined in Section 50053 of line 36 the Health and Safety Code, for at least 30 years. Owner-occupied line 37 units shall be available at an affordable housing cost, as that term line 38 is defined in Section 50052.5 of the Health and Safety Code. line 39 (B)  Prior to the application being deemed complete for the line 40 housing development project pursuant to Article 3 (commencing 94 — 3 — AB 1997
line 1 with Section 65940), the lead agency received written notice from line 2 the project applicant that an application has been made or will be line 3 made for an allocation or commitment of financing, tax credits, line 4 bond authority, or other financial assistance from a public agency line 5 or federal agency, and the notice specifies the financial assistance line 6 that has been applied for or will be applied for and the deadline line 7 for application for that assistance, the requirement that one of the line 8 approvals of the housing development project by the lead agency line 9 is a prerequisite to the application for or approval of the application line 10 for financial assistance, and that the financial assistance is line 11 necessary for the project to be affordable as required pursuant to line 12 subparagraph (A).
line 13 (C)  There is confirmation that the application has been made line 14 to the public agency or federal agency prior to certification of the line 15 environmental impact report.
line 16 (4)  Thirty days from the date of certification by the lead agency line 17 of the environmental impact report, if an environmental impact line 18 report is prepared pursuant to Section 21100 or 21151 of the Public line 19 Resources Code for a housing development project, pursuant to line 20 subdivision (c), project and all of the following conditions are met:
line 21 (A)  At least 90 percent of the units in the housing development line 22 project are affordable to very low or extremely low income line 23 households, as defined by Sections 50105 and 50079.5 of the line 24 Health and Safety Code, respectively. Rents for the lower income line 25 units shall be set at an affordable rent, as that term is defined in line 26 Section 50053 of the Health and Safety Code, for at least 30 years. line 27 Owner-occupied units shall be available at an affordable housing line 28 cost, as that term is defined in Section 50052.5 of the Health and line 29 Safety Code.
line 30 (B)  Prior to the application being deemed complete for the line 31 housing development project pursuant to Article 3 (commencing line 32 with Section 65940), the lead agency received written notice from line 33 the project applicant that an application has been made or will be line 34 made for an allocation or commitment of financing, tax credits, line 35 bond authority, or other financial assistance from a public agency line 36 or federal agency, and the notice specifies the financial assistance line 37 that has been applied for or will be applied for, the deadline for line 38 application for that assistance, the requirement that one of the line 39 approvals of the housing development project by the lead agency line 40 is a prerequisite to the application for or approval of the application 94 AB 1997 — 4 —
line 1 for financial assistance, and that the financial assistance is line 2 necessary for the project to be affordable as required pursuant to line 3 subparagraph (A).
line 4 (C)  There is confirmation that the application has been made line 5 to the public agency or federal agency prior to certification of the line 6 environmental impact report.
line 7 (5)  Sixty days from the date of adoption by the lead agency of line 8 the negative declaration, if a negative declaration is completed and line 9 adopted for the development project.
line 10 (6)  Sixty days from the determination by the lead agency that line 11 the development project is exempt from the California line 12 Environmental Quality Act (Division 13 (commencing with Section line 13 21000) of the Public Resources Code), if the development project line 14 is exempt from that act.
line 15 (7)  Except as provided in subdivision (a) of Section 65912.114 line 16 and subdivision (a) of Section 65912.124, 60 days from the date line 17 of receipt of a complete application if the development project is line 18 subject to ministerial review by the public agency. line 19 (8)  If a housing development project is exempt from the line 20 California Environmental Quality Act (Division 13 (commencing line 21 with Section 21000) of the Public Resources Code) pursuant to line 22 Section 21080.66 of the Public Resources Code, 30 days from the line 23 later of the following dates:
line 24 (A)  The conclusion of the process outlined in subdivision (b) line 25 of Section 21080.66 of the Public Resources Code. line 26 (B)  The expiration of the applicable time limit in paragraph (2) line 27 of subdivision (j) of Section 65589.5.
line 28 (b)  This section does not preclude a project applicant and a line 29 public agency from mutually agreeing in writing to an extension line 30 of any time limit provided by this section pursuant to Section line 31 65957.
line 32 (c)  For purposes of paragraphs (2), (3), and (4) of subdivision line 33 (a) and Section 65952, “development project” means a housing line 34 development project, as defined in paragraph (3) of subdivision line 35 (b) of Section 65905.5.
line 36 (d)
line 37 (c)  For purposes of this section, “lead agency” and “negative line 38 declaration” have the same meaning as defined in Sections 21067 line 39 and 21064 of the Public Resources Code, respectively. 94 — 5 — AB 1997
line 1 SEC. 4. Section 65952 of the Government Code is amended to line 2 read:
line 3 65952. (a)  Except as provided in subdivision (b), a public line 4 agency that is a responsible agency for a development project that line 5 has been approved by the lead agency shall approve or disapprove line 6 the development project within whichever of the following periods line 7 of time is longer:
line 8 (1)  Within 180 days from the date on which the lead agency line 9 has approved the project.
line 10 (2)  Within 180 days of the date on which the completed line 11 application for the development project has been received and line 12 accepted as complete by that responsible agency. line 13 (b)  Except as provided in subdivision (c), a public agency that line 14 is a responsible agency for a housing development project line 15 described in paragraph (2) or (3) of subdivision (a) of Section line 16 65950 that has been approved by the lead agency shall approve or line 17 disapprove the development project within whichever of the line 18 following periods of time is longer:
line 19 (1)  Within 45 days from the date on which the lead agency has line 20 approved the housing development project.
line 21 (2)  Within 45 days of the date on which the completed line 22 application for the housing development project has been received line 23 and accepted as complete by that responsible agency. line 24 (c)  (1)  Where a responsible agency is either the California line 25 Coastal Commission or the San Francisco Bay Conservation and line 26 Development Commission for a housing development project line 27 described in paragraph (2) or (3) of subdivision (a) of Section line 28 65950 that has been approved by the lead agency, that responsible line 29 agency shall approve or disapprove the housing development line 30 project within whichever of the following periods of time is longer:
line 31 (A)  Within 90 days from the date on which the lead agency has line 32 approved the housing development project.
line 33 (B)  Within 90 days of the date on which the completed line 34 application for the housing development project has been received line 35 and accepted as complete by that responsible agency. line 36 (2)  Where the responsible agency is the State Water Resources line 37 Control Board or a California Regional Water Quality Control line 38 Board for a housing development project described in paragraph line 39 (2) or (3) of subdivision (a) of Section 65950 that has been line 40 approved by the lead agency, and the approval being sought from 94 AB 1997 — 6 —
line 1 the responsible agency is either an individual waste discharge line 2 requirement or any certificate or statement required by any federal line 3 agency pursuant to the Federal Water Pollution Control Act (33 line 4 U.S.C. Sec. 1251 et seq.) or any other federal water quality control line 5 law, that responsible agency shall approve or disapprove the line 6 housing development project within whichever of the following line 7 periods of time is longer:
line 8 (A)  Within 90 days from the date on which the lead agency has line 9 approved the housing development project.
line 10 (B)  Within 90 days of the date on which the completed line 11 application for the housing development project has been received line 12 and accepted as complete by that responsible agency. line 13 (d)  At the time a decision by a lead agency to disapprove a line 14 development project becomes final, applications for that project line 15 which are filed with responsible agencies shall be deemed line 16 withdrawn.
line 17 SEC. 2.
line 18 SEC. 5. No reimbursement is required by this act pursuant to line 19 Section 6 of Article XIIIB of the California Constitution because line 20 a local agency or school district has the authority to levy service line 21 charges, fees, or assessments sufficient to pay for the program or line 22 level of service mandated by this act, within the meaning of Section line 23 17556 of the Government Code.

O
94 — 7 — AB 1997

AMENDED IN SENATE JUNE 18, 2026
AMENDED IN SENATE JUNE 15, 2026
AMENDED IN ASSEMBLY MARCH 26, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 2346
Introduced by Assembly Members Wilson and Berman
(Principal coauthor: Senator Weber Pierson)
(Coauthors: Assembly Members Boerner and Davies)
February 19, 2026
An act to add Sections 12810.1, 21214.8, 21214.9, and 22352.1 to, and to add Article 19 (commencing with Section 28170) to Chapter 5 of Division 12 of, the Vehicle Code, relating to vehicles. legislative counsel’s digest
AB 2346, as amended, Wilson. Vehicles: electric bicycles and speed limits.
(1) Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions for various purposes.

This bill would require all class 2 electric bicycles manufactured, sold, or offered for sale on or after January 1, 2029, to be equipped with a speedometer. The bill would also require all electric bicycles manufactured, sold, or offered for sale on or after January 1, 2029, to be equipped with an integrated or detachable front lamp and a rear lamp, as specified.

The bill would also require sellers and distributors of electric bicycles to provide specified disclosures disclose specified information at or

96 before the point of sale. sale, including, among other things, the classification and maximum speed of the electric bicycle and a recommendation that persons under 16 years of age should not ride an electric bicycle at a speed greater than 15 miles per hour. The bill would make a violation of these provisions punishable as an infraction, as specified.
(2) Existing law regulates the operation of bicycles on highways and authorizes local authorities to, among other things, prohibit, by ordinance, the operation of an electric bicycle or any class of electric bicycle on equestrian trails or hiking or recreational trails.

This bill would authorize a local authority to set a speed limit on a bicycle path of 10, 15, or 20 miles an hour or on a multiuse trail to 10, 15, or 20 miles per hour, as specified, subject to specified signage requirements. However, the bill would specify that speed limits on a bicycle path or multiuse trail established prior to January 1, 2027, shall remain in effect. The bill would also prohibit a person under 16 years of age from riding an electric bicycle at a speed greater than 15 miles per hour on a highway or a bicycle path, but would require a peace officer to only issue warning citations until December 31, 2027. The bill would also make technical, nonsubstantive changes to these provisions.
(3) Existing law establishes various prima facie speed limits. Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of the suspension or revocation of the privilege to drive, except as specified.

This bill would additionally set a prima facie speed limit of 10 miles per hour on a sidewalk and specify that a conviction of a violation of that speed limit shall not result in a violation point count. (4) Under existing law, a violation of the Vehicle Code is a crime.

By creating new requirements within the Vehicle Code, the violation of which would be a crime, 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 a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.
96 AB 2346 — 2 —
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 12810.1 is added to the Vehicle Code, line 2 to read:
line 3 12810.1. Notwithstanding subdivision (f) of Section 12810, a line 4 violation point count shall not be given for a conviction of a line 5 violation of Section 22352.1.
line 6 SEC. 2. Section 21214.8 is added to the Vehicle Code, to read:
line 7 21214.8. (a)  A local authority may, by ordinance, set a speed line 8 limit on a bicycle path of 15 or 20 miles per hour, or 10 miles per line 9 hour in limited areas with high pedestrian volumes or sign sight line 10 distance challenges, subject to subdivision (c). line 11 (b)  A local authority may, by ordinance, set a speed limit on a line 12 multiuse trail of 15 or 20 miles per hour, or 10 miles per hour in line 13 limited areas with high pedestrian volumes or sign sight distance line 14 challenges, subject to subdivision (c).
line 15 (c)  A local authority that sets a speed limit pursuant to this line 16 section shall place appropriate signs that indicate the limits of the line 17 restricted zone and the applicable speed limit within 400 feet of line 18 each end of the restricted zone.
line 19 (d)  Any speed limit on a bicycle path or multiuse trail line 20 established prior to January 1, 2027, shall remain in effect. line 21 SEC. 3. Section 21214.9 is added to the Vehicle Code, to read:
line 22 21214.9. (a)  A person under 16 years of age shall not ride an line 23 electric bicycle at a speed greater than 15 miles per hour on a line 24 highway or a bicycle path.
line 25 (b)  A peace officer shall only issue warning citations until line 26 December 31, 2027.
line 27 SEC. 4.
line 28 SEC. 3. Section 22352.1 is added to the Vehicle Code, to read:
line 29 22352.1. (a)  In addition to the prima facie speed limits imposed line 30 by Section 22352, the prima facie speed limit for a sidewalk, as line 31 defined in Section 555, is 10 miles per hour and shall be applicable line 32 as authorized in this code and, if so changed, only when signs have line 33 been erected giving notice thereof.
line 34 (b)  A conviction of a violation of this section shall not result in line 35 a violation point count pursuant to Section 12810.1. line 36 SEC. 5.
line 37 SEC. 4. Article 19 (commencing with Section 28170) is added line 38 to Chapter 5 of Division 12 of the Vehicle Code, to read:
96 — 3 — AB 2346
line 1 Article 19. Electric Bicycles
line 2
line 3 28170. (a)  Manufacturers and distributors of electric bicycles line 4 shall apply a label that is permanently affixed, in a prominent line 5 location, to each electric bicycle. The label shall contain the line 6 classification number, top assisted speed, and motor wattage of line 7 the electric bicycle, and shall be printed in Arial font in at least line 8 9-point type.
line 9 (b)  (1)  Sellers and distributors of electric bicycles shall disclose, line 10 in writing, all of the following information at or before the point line 11 of sale of each electric bicycle:
line 12 (A)  The classification of the electric bicycle. line 13 (B)  The maximum speed of the electric bicycle. line 14 (C)  The continuous and peak wattage of the electric bicycle. line 15 (D)  Any age restrictions on the use of the electric bicycle. line 16 (E)  The helmet requirements for an electric bicycle. line 17 (F)  A written description of California’s electric bicycle laws. line 18 (G)  The internet website address for the electric bicycle safety line 19 and training program developed by the Department of the line 20 California Highway Patrol pursuant to Section 894 of the Streets line 21 and Highways Code.
line 22 (H)  A recommendation that persons under 16 years of age line 23 should not ride an electric bicycle at a speed greater than 15 miles line 24 per hour.
line 25 (2)  Sellers and distributors of electric bicycles shall also provide line 26 a disclosure at or before the point of sale that contains the following line 27 statement in 12-point:
line 28
line 29 “IT IS AGAINST CALIFORNIA LAW FOR A PERSON TO TAMPER line 30 WITH, OR MODIFY, AN ELECTRIC BICYCLE SO AS TO CHANGE THE line 31 SPEED CAPABILITY OF THE DEVICE IN A MANNER THAT WOULD line 32 ALLOW THE DEVICE TO GO FASTER THAN PERMITTED BY LAW. line 33 MODIFYING THE DEVICE TO GO FASTER MAY RESULT IN line 34 REQUIREMENTS TO OPERATE THE DEVICE WITH AN M1 OR M2 line 35 LICENSE ENDORSEMENT, TO REGISTER THE DEVICE WITH THE line 36 DEPARTMENT OF MOTOR VEHICLES, AND TO INSURE THE DEVICE line 37 AS A MOTORIZED BICYCLE OR MOTORCYCLE.”
line 38
line 39 (c)  A violation of this section is an infraction and is punishable line 40 as follows:
96 AB 2346 — 4 —
line 1 (1)  Upon a first conviction of a violation of this section, by a line 2 fine not to exceed five hundred dollars ($500). With respect to a line 3 first conviction, multiple sales of electric bicycles in violation of line 4 subdivision (a) or (b) shall constitute a single violation. line 5 (2)  Upon a conviction of a violation under this section within line 6 three years of a prior conviction under this section, by a fine not line 7 to exceed seven hundred fifty dollars ($750).
line 8 (3)  Upon a conviction of a violation under this section within line 9 five years of two or more prior convictions under this section, by line 10 a fine not to exceed one thousand dollars ($1,000). line 11 28172. (a)  All class 2 electric bicycles, as defined in Section line 12 312.5, manufactured, sold, or offered for sale on or after January line 13 1, 2029, shall be required to be equipped with a speedometer. line 14 (b)  All electric bicycles manufactured, sold, or offered for sale line 15 on or after January 1, 2029, shall be required to have the following line 16 equipment:
line 17 (1)  An integrated or detachable front lamp emitting a white light line 18 that, while the bicycle is in motion, illuminates the highway, line 19 sidewalk, or bikeway in front of the bicyclist and is visible from line 20 a distance of 300 feet in front, and from the sides, of the bicycle. line 21 (2)  A rear lamp emitting a red light that, while the bicycle is in line 22 motion, illuminates the highway, sidewalk, or bikeway behind the line 23 bicyclist and is visible from a distance of 500 feet behind, and line 24 from the sides, of the bicycle.
line 25 SEC. 6.
line 26 SEC. 5. No reimbursement is required by this act pursuant to line 27 Section 6 of Article XIIIB of the California Constitution because line 28 the only costs that may be incurred by a local agency or school line 29 district will be incurred because this act creates a new crime or line 30 infraction, eliminates a crime or infraction, or changes the penalty line 31 for a crime or infraction, within the meaning of Section 17556 of line 32 the Government Code, or changes the definition of a crime within line 33 the meaning of Section 6 of Article XIII B of the California line 34 Constitution.

O
96 — 5 — AB 2346

AMENDED IN ASSEMBLY JUNE 15, 2026
AMENDED IN SENATE JANUARY 15, 2026
AMENDED IN SENATE JANUARY 5, 2026
AMENDED IN SENATE MARCH 28, 2025
SENATE BILL No. 222
Introduced by Senator Wiener
(Coauthors: Senators Allen, Becker, and Stern)
January 27, 2025
An act to add Section 4737 to the Civil Code, and to add Chapter 7.5 (commencing with Section 51297.50) to Part 1 of Division 1 of Title 5 of the Government Code, relating to housing.
legislative counsel’s digest
SB 222, as amended, Wiener. Residential heat pump systems: water heaters and HVAC: installations. water heater or heat pump HVAC systems.
(1) Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters.

Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air-conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air-conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan.

95 The bill would require a
This bill would establish various requirements and authorizations for the installation of a residential heat pump water heater or heat pump HVAC system, as defined, by, among other things, requiring a city, county, or city and county, beginning July 1, 2027, to adopt and offer asynchronous inspections for installations of residential heat pump water heater or heat pump HVAC systems, as defined, that do not require a licensed contractor and building inspector to be simultaneously present during the inspection. The bill would authorize a building inspector to contact the licensed contractor who performed the installation by telephone call or real-time video conferencing during their inspection, and, if the building inspector determines during an asynchronous inspection that there is an issue with an installation of the heat pump water heater or heat pump HVAC system and that the licensed contractor who performed the installation must be present to perform tests or cure the installation, to require the licensed contractor who performed the installation to schedule an additional inspection in which the building inspector and the licensed contractor who performed the installation are required to be simultaneously present during the additional inspection. The bill would specify that these provisions do not require a local entity described above to discontinue offering inspections for the installation of a residential heat pump water heater or heat pump HVAC system where in a building inspector and licensed contractor who performed the installation are simultaneously present. The bill would additionally require a city, county, or city and county, except as specified, to post specific information online, and on or before July 1, 2028, to implement an online automated permitting process for the installation of a residential heat pump water heater or residential heat pump HVAC system that issues permits in real time to a licensed contractor that meets certain criteria. The bill would require the criteria to include, among others, that the licensed contractor certify under penalty of perjury that they have performed a load calculation to properly size the new equipment, as specified. By expanding the crime of perjury, the bill would impose a state-mandated local program. By imposing these various new duties on the described local entities, the bill would impose a state-mandated local program.

The bill would authorize a city, county, or city and county, on or before July 1, 2028, and except as specified, to issue require up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity 95 SB 222 — 2 —
administratively approves an application to install the residential heat pump water heater or heat pump HVAC system. The bill would specify that nothing in that provision is to be construed to prevent a local entity described above from issuing separate permits for a panel replacement or demolition work conducted as part of the residential heat pump installation.

The bill would additionally authorize a city, county, or city and county to apply only certain planning or zoning or workforce labor standards on the installation of a residential heat pump water heater or residential heat pump HVAC system that are in addition to any state-level requirements, including additional standards that conform to local laws, including reach codes, designed to encourage the adoption of zero-emission equipment or improvement of building efficiency. requirements. The bill would prohibit a local entity described above from requiring a permit or inspection for plug-in ready window air-conditioner or window heat pump HVAC systems, provided that certain requirements are met, including that the appliance has a voltage rating of 120 volts or less and the appliance is a self-contained unit.

The bill would limit the amount a city, county, or city and county may charge as a permit fee for a residential heat pump water heater or heat pump HVAC system, as specified.

The bill would require a city, county, or city and county, on or before July 1, 2028, to implement an online, automated permitting process that issues permits in real time to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system that meets certain criteria, including that the installation is for a residential heat pump water heater or heat pump HVAC system that does not require installation of a new electrical panel or structural work, and if the installation is for a residential heat pump HVAC system, that the licensed contractor certifies under penalty of perjury that they have performed a load calculation to properly size the new residential heat pump HVAC equipment per certain provisions and provides the load calculation to the local authority having jurisdiction upon request. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify the methods that a local entity described above may use to comply with the above-described requirement, including, among other things, an automated platform that can issue permits in real time. The bill would require, for an installation of a residential heat pump water heater or heat pump HVAC system, the local entity to publish and make publicly available, among other 95 — 3 — SB 222
things, any required permitting documentation, on their internet website.

The bill would require the local entity to allow an applicant to, among other things, submit a permit application and associated documentation electronically. The bill would exempt from these provisions a city with a population of fewer than 5,000 persons or a county with a population of fewer than 150,000 persons, as specified.

The bill would, except as provided, prohibit a city, county, or city and county from charging a permit fee for a residential heat pump water heater and heat pump HVAC system that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the permit fee for a residential heat pump water heater system does not exceed $150. The bill would, notwithstanding that provision, authorize a local entity described above to charge a permit fee, as specified, for the installation of a residential heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit a local entity described above from applying additional charges above the publicly listed fee.

The bill would require a local entity described above that applies to receive any funding from the commission to self-certify to the commission its compliance with any applicable portions of the bill’s provisions. By imposing additional duties on local entities described above, the bill would impose a state-mandated local program.

The above provisions would not apply to new residential construction.

The bill would include findings and declarations related to these provisions.
(2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing document or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.

This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified 95 SB 222 — 4 —
agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable. The bill would prohibit an association, among other things, from prohibiting or restricting a member from installing, upgrading, replacing, or using a residential heat pump water heater or heat pump HVAC system in the member’s separate interest, except as specified.
(3) 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. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 4737 is added to the Civil Code, to read:
line 2 4737. (a)  Notwithstanding any other law, any provision of the line 3 governing documents, architectural guidelines, or policies shall line 4 be void and unenforceable if the provision prevents the replacement line 5 of a fuel-gas-burning appliance with an electric appliance. line 6 appliance that complies with all applicable state and local building line 7 codes.
line 8 (b)  (1)  Any covenant, restriction, or condition contained in any line 9 deed, contract, security instrument, or other instrument affecting line 10 the transfer or sale of, or any interest in, real property, and any line 11 provision of a governing document, that effectively prohibits or line 12 restricts the installation or use of a residential heat pump water line 13 heater or heat pump heating, ventilation, and air-conditioning line 14 (HVAC) system HVAC system, as defined in Section 51297.51 of line 15 the Government Code, is void and unenforceable. 95 — 5 — SB 222
line 1 (2)  Subject to paragraph (3), an association shall not prohibit line 2 or restrict a member from installing, upgrading, replacing, or line 3 using a residential heat pump water heater or heat pump HVAC line 4 system in the member’s separate interest. The association shall line 5 not do any of the following:
line 6 (A)  Charge any fee to a member in connection with the line 7 installation, upgrade, replacement, or use of a residential heat line 8 pump water heater or heat pump HVAC system.
line 9 (B)  Require a member to use a specific residential heat pump line 10 water heater or heat pump HVAC system contractor or product. line 11 (C)  Claim to receive any rebate, credit, or commission in line 12 connection with a member’s installation, upgrade, replacement, line 13 or use of a residential heat pump water heater or heat pump HVAC line 14 system.
line 15 (D)  Require a member to remove a residential heat pump water line 16 heater or heat pump HVAC system or prevent the replacement or line 17 upgrade of an existing residential heat pump water heater or heat line 18 pump HVAC system.
line 19 (3)  Paragraph (2) shall not apply if the association establishes line 20 either of the following:
line 21 (A)  The installation, upgrade, replacement, or use of the line 22 residential heat pump water heater or heat pump HVAC system line 23 would violate federal, state, or local law.
line 24 (B)  A permit from a designated permitting authority is required line 25 for the installation, upgrade, replacement, or use of the residential line 26 heat pump water heater or heat pump HVAC system, and that line 27 permit is not granted.
line 28 (c)  A residential heat pump water heater or heat pump HVAC line 29 system shall meet applicable health and safety standards and line 30 requirements imposed by law.
line 31 (d)  Nothing in this section shall be construed to limit or restrict line 32 the ability of an association to require a member whose line 33 installation, upgrade, replacement, or use of a residential heat line 34 pump water heater or heat pump HVAC system affects the common line 35 area or an exclusive use common area to be responsible for the line 36 repair of any damage to the common area or an exclusive use line 37 common area, or to another member’s separate interest, that is line 38 caused by the installation, operation, maintenance, or removal of line 39 that residential heat pump water heater or heat pump HVAC line 40 system.
95 SB 222 — 6 —
line 1 SEC. 2. Chapter 7.5 (commencing with Section 51297.50) is line 2 added to Part 1 of Division 1 of Title 5 of the Government Code, line 3 to read:
line 4
line 5 Chapter 7.5. Residential Heat Pump System Installation line 6
line 7 51297.50. The Legislature finds and declares all of the line 8 following:
line 9 (a)  The oversight of permitting for residential heat pump water line 10 heater and heat pump heating, ventilation, and air-conditioning line 11 (HVAC) systems is a matter of statewide concern and not a line 12 municipal affair. Therefore, this chapter shall apply to all cities line 13 and counties, including a charter city.
line 14 (b)  Nothing in this chapter is intended to imply the approval of line 15 any other local fees for heat pump permitting not specified in this line 16 chapter.
line 17 (c)  It is the intent of the Legislature that local agencies do not line 18 adopt ordinances that create unreasonable barriers to the installation line 19 of heat pumps and not unreasonably restrict the ability of home line 20 and residential property owners to install heat pumps. line 21 (d)  It is the policy of the state to promote and encourage the use line 22 of zero-emission water heating and space heating and cooling line 23 systems, and to limit obstacles to their use.
line 24 (e)  It is the intent of the Legislature that local agencies comply line 25 not only with provisions declared in this section, but also the line 26 legislative intent to encourage the installation of residential heat line 27 pump systems by removing obstacles to, and minimizing costs of, line 28 permitting, so long as the action does not supersede the building line 29 official’s authority to identify and address higher priority life-safety line 30 situations.
line 31 (f)  Each state entity, including the commission and the line 32 Department of Housing and Community Development, should line 33 streamline codes and standards compliance processes with the line 34 intent of increasing permitted work without undermining the line 35 integrity of the code measures, especially when it comes to line 36 appliance retrofits.
line 37 51297.51. For purposes of this chapter, the following line 38 definitions apply:
95 — 7 — SB 222
line 1 (a)  “Commission” means the State Energy Resources line 2 Conservation and Development Commission, which is also known line 3 as the Energy Commission.
line 4 (b)  “HVAC” means heating, ventilation, and air-conditioning. line 5 (c)  “Residential heat pump water heater or heat pump HVAC line 6 system” means a single heat pump water heater or heat pump line 7 HVAC system that serves one residential dwelling unit. line 8 (d)  (1)  “Swapout” means a residential heat pump water heater line 9 or residential heat pump HVAC system installation where a new line 10 heat pump water heater or HVAC air handler and outdoor coil is line 11 being installed in the same location on a property as the prior water line 12 heater or air handler and condenser that it is replacing. line 13 (2)  “Swapout” does not include either of the following:
line 14 (A)  An installation that requires modification, replacement, or line 15 installation of more than 25 linear feet of ductwork. line 16 (B)  An installation that replaces a package unit with a split line 17 system or a split system with a package unit.
line 18 51297.52. (a)  Beginning July 1, 2027, a city, county, or city line 19 and county shall adopt and offer asynchronous inspections for line 20 installations of residential heat pump water heater or heat pump line 21 HVAC systems that do not require a licensed contractor and line 22 building inspector to be simultaneously present during the line 23 inspection of an installation of a residential heat pump water heater line 24 or heat pump HVAC system.
line 25 (b)  A building inspector may contact the licensed contractor line 26 who performed the installation of the heat pump water heater or line 27 heat pump HVAC system by telephone call or real-time video line 28 conferencing during their inspection.
line 29 (c)  If a building inspector determines during an asynchronous line 30 inspection that there is an issue with an installation of the heat line 31 pump water heater or heat pump HVAC system and that the line 32 licensed contractor who performed the installation must be present line 33 to perform tests or cure the installation, the building inspector may line 34 require the licensed contractor who performed the installation to line 35 schedule an additional inspection in which the building inspector line 36 and the licensed contractor who performed the installation are both line 37 required to be simultaneously present during the additional line 38 inspection.
line 39 (d)  If a building inspector determines during an asynchronous line 40 inspection that a contractor must be onsite in order to allow the 95 SB 222 — 8 —
line 1 building inspector into a place that needs to be inspected, the line 2 building inspector may require the licensed contractor who line 3 performed the installation to schedule an additional inspection in line 4 which the building inspector and the licensed contractor who line 5 performed the installation are both required to be simultaneously line 6 present during the additional inspection, if deemed necessary by line 7 the building inspector.
line 8 (d)
line 9 (e)  Nothing in this section shall be construed to require a city, line 10 county, or city and county to discontinue offering inspection line 11 options for the installation of a residential heat pump water heater line 12 or heat pump HVAC system where in wherein a building inspector line 13 and licensed contractor who performed the installation are line 14 simultaneously present.
line 15 51297.53. (a)  On or before January 1, 2028, a city, county, or line 16 city and county may issue require up to one nondiscretionary line 17 permit per installation of a residential heat pump water heater or line 18 heat pump HVAC system in which the city, county, or city and line 19 county administratively approves an application to install the line 20 residential heat pump water heater or heat pump HVAC system. line 21 (b)  This section shall not be construed to prevent a city, county, line 22 or city and county from issuing separate permits for a panel line 23 replacement or structural work conducted as part of the residential line 24 heat pump installation.
line 25 (c)  Notwithstanding subdivision (a), a city, county, or city and line 26 county may issue require more than one nondiscretionary permit line 27 requested by a licensed contractor per installation of a residential line 28 heat pump water heater or heat pump HVAC system if the building line 29 official makes written findings based upon substantial evidence line 30 that the proposed installation would have a specific, adverse impact line 31 on public health or safety, and there is no feasible method to line 32 satisfactorily mitigate or avoid the specific, adverse impact. line 33 51297.54. (a)  A city, county, or city and county may apply line 34 only any of the following planning or zoning or workforce labor line 35 standards on the installation of a residential heat pump water heater line 36 or residential heat pump HVAC system that are system, in addition line 37 to any state-level requirements:
line 38 (1)  Additional standards for setbacks for installations not to line 39 exceed 3 feet in side yards and backyards or 10 feet in front yards. line 40 If a city, county, or city and county requires the submission of site 95 — 9 — SB 222
line 1 plans for applications for permits for installations of residential line 2 heat pump water heater or residential heat pump HVAC systems, line 3 the city, county, or city and county shall require only site plan line 4 information directly relevant to the installation or to determining line 5 setback compliance. Site plans shall not be required for applications line 6 for permits for a swapout.
line 7 (2)  Additional standards that conform to local laws, including line 8 reach codes, designed to encourage the adoption of zero-emission line 9 equipment or improvement of building efficiency. line 10 (3)  Additional planning or zoning standards relating to the line 11 installation of a residential heat pump water heater or heat pump line 12 HVAC system if the city, county, or city and county adopts an line 13 ordinance that includes substantial evidence that the standard is line 14 designed to mitigate the specific, adverse impact on the public line 15 health or safety at the lowest cost possible.
line 16 (4)  Additional standards to regulate noise in a residential setting line 17 for inverter-based heat pump technologies, not to be less than 15 line 18 decibels higher than any statutory maximum regulating decibel line 19 limits for noninverter-based technologies.
line 20 (5)  Any additional standards, including workforce labor line 21 standards, on an installation of a residential heat pump water heater line 22 or heat pump HVAC system that receives public subsidies or other line 23 public funding. workforce labor standards. For purposes of this line 24 paragraph, subdivision, “workforce labor standards” include, but line 25 are not limited to, the payment of prevailing wages and the line 26 employment of apprentices from apprenticeship programs approved line 27 by the Division of Apprenticeship Standards.
line 28 (b)  A city, county, or city and county shall not require a permit line 29 or inspection for plug-in ready window air-conditioner or window line 30 heat pump HVAC systems, provided that all of the following line 31 requirements are met:
line 32 (1)  The appliance has a voltage rating of 120 volts or less. line 33 (2)  The appliance is a self-contained unit.
line 34 (3)  The installation of the appliance does not require the line 35 installation of a dedicated circuit for the appliance. line 36 (4)  The installation of the appliance does not require an upgrade line 37 to the electrical panel to accommodate the additional load of the line 38 appliance.
line 39 (5)  The installation of the appliance does not require the line 40 installation of drainage or structural modifications. 95 SB 222 — 10 —
line 1 51297.55. (a)  On or before July 1, 2028, a city, county, or city line 2 and county, other than a city, county, or city and county described line 3 in subdivision (c), shall, consistent with the goals and intent of line 4 this chapter, implement an online, automated permitting process line 5 that issues permits in real time to a licensed contractor for the line 6 installation of a residential heat pump water heater or heat pump line 7 HVAC system that meets all of the following criteria:
line 8 (1)  The installation is for a residential heat pump water heater line 9 or heat pump HVAC system that does not require installation of line 10 a new electrical panel or structural work.
line 11 (2)  The installation is a swapout.
line 12 (3)  If the installation is for a residential heat pump HVAC line 13 system, the licensed contractor certifies under penalty of perjury line 14 that they have performed a load calculation to properly size the line 15 new residential heat pump HVAC equipment per the Air line 16 Conditioning Contractors of America Association, Inc. Manual J line 17 Residential Load Calculation, the Sheet Metal and Air Conditioning line 18 Contractors’ National Association Residential Comfort Systems line 19 Installation Standards Manual, the California Mechanical Code, line 20 or successor provisions, and provides the load calculation to the line 21 local authority having jurisdiction upon request. line 22 (b)  (1)  The methods that a city, county, or city and county may line 23 use to comply with the requirements described in subdivision (a) line 24 may include, but are not limited to, an automated platform that line 25 can issue permits in real time or using an online form-based system line 26 that can instantly issue permits upon completion of the online form. line 27 (2)  If a city, county, or city and county requires a CF1R form line 28 at the time of the permit application, the city, county, or city and line 29 county shall not otherwise require information duplicative to and line 30 supplied on the CF1R form provided by the applicant, except for line 31 the applicant’s name and the residential address of the project. line 32 (c)  All liabilities and immunities, including, but not limited to, line 33 the immunities provided in Sections 818.4, 818.6, and 821.2, line 34 applicable to cities, counties, and cities and counties shall apply line 35 to any permits issued through an online, automated permitting line 36 platform and any inspections conducted in connection with those line 37 permits.
line 38 (c)
95 — 11 — SB 222
line 1 (d)  This section shall not apply to a city with a population of line 2 fewer than 5,000 persons or a county with a population of fewer line 3 than 150,000 persons, including each city within that county. line 4 51297.56. (a)  For an installation of a residential heat pump line 5 water heater or heat pump HVAC system, a city, county, or city line 6 and county, other than a city, county, or city and county described line 7 in subdivision (c), shall publish and make publicly available a list line 8 of the requirements adopted pursuant to Section 51297.54, any line 9 required permitting documentation, and a list of all relevant fees line 10 and fee amounts that may be imposed by the city, county, or city line 11 and county on a residential heat pump water heater or heat pump line 12 HVAC system, including, but not limited to, permit fees and line 13 inspection fees, on their internet website.
line 14 (b)  The city, county, or city and county shall allow an applicant line 15 to submit a permit application and associated documentation line 16 electronically, and shall allow the applicant to submit an electronic line 17 signature on all forms, applications, and other documentation line 18 instead of a wet signature by an applicant.
line 19 (c)  This section shall not apply to a city with a population of line 20 fewer than 5,000 persons or a county with a population of fewer line 21 than 150,000 persons, including each city within that county. line 22 51297.57. (a)  (1)  A city, county, or city and county, except line 23 as provided in subdivision (b), shall not charge a permit fee for a line 24 residential heat pump water heater or heat pump HVAC system line 25 that exceeds the estimated reasonable cost of providing the service line 26 for which the fee is charged, subject to the following limitations:
line 27 (A)  The permit fee for a residential heat pump water heater line 28 system shall not exceed one hundred fifty dollars ($150). line 29 (B)  The permit fee for a residential heat pump HVAC system line 30 shall not exceed two hundred dollars ($200).
line 31 (2)  Paragraph (1) shall not apply to a city with a population of line 32 fewer than 5,000 persons and a county with a population of fewer line 33 than 150,000 persons, including each city within that county. line 34 (3)  The limitations imposed by paragraph (1) shall not be line 35 construed to apply to technology fees charged by third-party line 36 vendors for services adopted by jurisdictions to process compliance line 37 checks and issue permits.
line 38 (b)  (1)  Notwithstanding subdivision (a), a city, county, or city line 39 and county may charge a permit fee for the installation of a line 40 residential heat pump water heater or a heat pump HVAC system 95 SB 222 — 12 —
line 1 that exceeds the fee limits specified in subdivision (a) if the city, line 2 county, or city and county, as part of a written finding and an line 3 adopted resolution or ordinance, provides substantial evidence of line 4 the reasonable cost to issue the permit.
line 5 (2)  A permit fee described in paragraph (1) shall be subject to line 6 all of the following requirements:
line 7 (A)  The fee shall correspond to the typical reasonable cost line 8 demonstrated by the city, county, or city and county for the line 9 equipment type.
line 10 (B)  The fee shall be set at a regular fixed amount per appliance line 11 type.
line 12 (C)  The fee shall be listed publicly.
line 13 (c)  A city, county, or city and county shall not apply additional line 14 charges above the publicly listed fee.
line 15 51297.58. If a city, county, or city and county applies to receive line 16 any funding from the State Energy Resources Conservation and line 17 Development Commission, the city, county, or city and county line 18 shall self-certify to the commission its compliance with any line 19 applicable provisions of this chapter.
line 20 51297.59. This chapter does not apply to new residential line 21 construction.
line 22 SEC. 3. The Legislature finds and declares that the oversight line 23 of permitting for residential heat pump water heater and heat pump line 24 heating, ventilation, and air-conditioning (HVAC) systems is a line 25 matter of statewide concern and is not a municipal affair as that line 26 term is used in Section 5 of Article XI of the California line 27 Constitution. Therefore, Section 2 of this act, adding Chapter 7.5 line 28 (commencing with Section 51297.50) to Part 1 of Division 1 of line 29 Title 5 of the Government Code, applies to all cities, including line 30 charter cities.
line 31 SEC. 4. No reimbursement is required by this act pursuant to line 32 Section 6 of Article XIIIB of the California Constitution for certain line 33 costs that may be incurred by a local agency or school district line 34 because, in that regard, this act creates a new crime or infraction, line 35 eliminates a crime or infraction, or changes the penalty for a crime line 36 or infraction, within the meaning of Section 17556 of the line 37 Government Code, or changes the definition of a crime within the line 38 meaning of Section 6 of Article XIII B of the California line 39 Constitution.
95 — 13 — SB 222
line 1 However, if the Commission on State Mandates determines that line 2 this act contains other costs mandated by the state, reimbursement line 3 to local agencies and school districts for those costs shall be made line 4 pursuant to Part 7 (commencing with Section 17500) of Division line 5 4 of Title 2 of the Government Code.

O
95 SB 222 — 14 —
AMENDED IN SENATE MARCH 9, 2026
SENATE BILL No. 959
Introduced by Senator Grayson
(Coauthors: Senators Allen, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cortese, Gonzalez, McNerney, Menjivar, Reyes, Wahab, and Weber Pierson)
(Coauthor: Assembly Member Wicks)
(Coauthors: Assembly Members Schultz and Wicks)
February 3, 2026
An act to amend Section 46392 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 959, as amended, Grayson. Average daily attendance:
emergencies: major safety hazard.

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.

98 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.

Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 46392 of the Education Code is amended line 2 to read:
line 3 46392. (a)  If the average daily attendance of a school district, line 4 county office of education, or charter school during a fiscal year line 5 has been materially decreased during a fiscal year because of any line 6 of the following, the fact shall be established to the satisfaction of line 7 the Superintendent by affidavits of the members of the governing line 8 board or body of the school district, county office of education, or line 9 charter school and the county superintendent of schools:
line 10 (1)  Fire.
line 11 (2)  Flood.
line 12 (3)  Impassable roads.
line 13 (4)  Epidemic.
line 14 (5)  Earthquake.
line 15 (6)  The imminence of a major safety hazard as determined by line 16 the local law enforcement or fire agency.
line 17 (7)  A strike involving transportation services to pupils provided line 18 by a nonschool entity.
line 19 (8)  An order provided for in Section 41422.
line 20 (9)  Snowstorm.
line 21 (b)  (1)  In the event a state of emergency is declared by the line 22 Governor in a county, a decrease in average daily attendance in line 23 the county below the approximate total average daily attendance line 24 that would have been credited to a school district, county office line 25 of education, or charter school had the state of emergency not line 26 occurred shall be deemed material. The Superintendent shall line 27 determine the length of the period during which average daily line 28 attendance has been reduced by the state of emergency. line 29 (2)  The period determined by the Superintendent shall not extend line 30 into the next fiscal year following the declaration of the state of 98 SB 959 — 2 —
line 1 emergency by the Governor, except upon a showing by a school line 2 district, county office of education, or charter school, to the line 3 satisfaction of the Superintendent, that extending the period into line 4 the next fiscal year is essential to alleviate continued reductions line 5 in average daily attendance attributable to the state of emergency. line 6 (3)  Notwithstanding any other law, the Superintendent shall line 7 extend through the 2018–19 fiscal year the period during which it line 8 is essential to alleviate continued reductions in average daily line 9 attendance attributable to a state of emergency declared by the line 10 Governor in October 2017, for a school district where no less than line 11 5 percent of the residences within the school district or school line 12 district facilities were destroyed by the qualifying emergency. line 13 (c)  (1)  The average daily attendance of the school district, line 14 county office of education, or charter school for the fiscal year line 15 shall be estimated by the Superintendent in a manner that credits line 16 to the school district, county office of education, or charter school line 17 for determining the apportionments to be made to the school line 18 district, county office of education, or charter school from the State line 19 School Fund approximately the total average daily attendance that line 20 would have been credited to the school district, county office of line 21 education, or charter school had the emergency not occurred or line 22 had the order not been issued.
line 23 (2)  (A)  From September 1, 2021, to June 30, 2022, inclusive, line 24 with the exception of a material loss of attendance for pupils who line 25 are individuals with exceptional needs, as that term is defined in line 26 Section 56026, whose individualized education program developed line 27 pursuant to Article 3 (commencing with Section 56340) of Chapter line 28 4 of Part 30 does not specifically provide for participation in line 29 independent study or pupils who are enrolled in community day line 30 schools pursuant to Article 3 (commencing with Section 48660) line 31 of Chapter 4 of Part 27, a school district, county office of line 32 education, or charter school shall not receive average daily line 33 attendance credit pursuant to this section for pupils that have been line 34 quarantined and are unable to attend in-person instruction due to line 35 exposure to, or infection with, COVID-19 pursuant to local or state line 36 public health guidance.
line 37 (B)  Notwithstanding subparagraph (A), from September 1, 2021, line 38 to June 30, 2022, inclusive, a school district, county office of line 39 education, or charter school may receive average daily attendance line 40 credit pursuant to this section for school closures related to impacts 98 — 3 — SB 959
line 1 from COVID-19 or material loss of attendance due to COVID-19 line 2 related staffing shortages if the following conditions are established line 3 to the satisfaction of the Superintendent by affidavits of the line 4 members of the governing board or body of the school district, line 5 county office of education, or charter school and the county line 6 superintendent of schools:
line 7 (i)  The school district, county office of education, or charter line 8 school is unable to provide in person instruction to pupils due to line 9 staffing shortages as a result of staff quarantine due to exposure line 10 to, or infection with, COVID-19 pursuant to local or state public line 11 health guidance.
line 12 (ii)  For certificated staff shortages, the school district, county line 13 office of education, or charter school has exhausted all options for line 14 obtaining staff coverage, including using all certificated staff and line 15 substitute teacher options, and has consulted with their county line 16 office of education and the Superintendent in determining that line 17 staffing needs cannot be met through any option. line 18 (iii)  For classified staff shortages, the school district, county line 19 office of education, or charter school has exhausted all options for line 20 obtaining staff coverage, including using all staff options, and has line 21 consulted with their county office of education and the line 22 Superintendent in determining that staffing needs cannot be met line 23 through any option.
line 24 (d)  Notwithstanding any other law, for a school district or charter line 25 school physically located within a school district, where no less line 26 than 5 percent of the residences within the school district, or the line 27 school district’s facilities, were destroyed as a result of a state of line 28 emergency that was declared by the Governor in November 2018, line 29 all of the following shall apply:
line 30 (1)  (A)  In the 2020–21 fiscal year, for school districts, the line 31 Superintendent shall calculate the difference between the school line 32 district’s certified second principal apportionment local control line 33 funding formula entitlement pursuant to Section 42238.02 in the line 34 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a line 35 difference, allocate the amount of that difference to the school line 36 district.
line 37 (B)  In the 2021–22 fiscal year, for school districts, the line 38 Superintendent shall allocate an amount equal to 25 percent of the line 39 difference calculated in subparagraph (A) to the school district. 98 SB 959 — 4 —
line 1 (C)  In the 2022–23 fiscal year, for school districts, the line 2 Superintendent shall allocate an amount equal to 12.5 percent of line 3 the difference calculated in subparagraph (A) to the school district. line 4 (2)  (A)  In the 2019–20 and 2020–21 fiscal years, for charter line 5 schools, the Superintendent shall calculate the difference between line 6 the charter school’s certified second principal apportionment local line 7 control funding formula entitlement pursuant to 42238.02 in the line 8 current year and each respective prior year and, if there is a line 9 difference, allocate the amount of that difference to the charter line 10 school.
line 11 (B)  In the 2021–22 fiscal year, for charter schools that operate line 12 a minimum of 175 school days and report at least 75 percent of line 13 the total second period average daily attendance for the 2019–20 line 14 fiscal year, as described in Section 41601, the Superintendent shall line 15 allocate 25 percent of the difference calculated in subparagraph line 16 (A) to the charter school.
line 17 (3)  For a county office of education funded pursuant to line 18 paragraph (1) of subdivision (g) of Section 2575 that has within line 19 the boundaries of the county school districts or charter schools line 20 affected pursuant to this subdivision and that has in the schools line 21 operated by the county office of education at least a 10-percent line 22 decrease in average daily attendance in the current fiscal year, in line 23 the 2019–20 and 2020–21 fiscal years, the Superintendent shall line 24 calculate the difference between the county office of education’s line 25 alternative education grant entitlement certified at the annual line 26 principal apportionment pursuant to Section 2574 in the current line 27 fiscal year and each respective prior fiscal year and, if there is a line 28 difference, allocate the amount of that difference to the county line 29 office of education.
line 30 (4)  A school district may transfer funds received pursuant to line 31 paragraph (1) to the county office of education for the portion of line 32 the funds that represents pupils served by the county office of line 33 education who are funded through the school district’s local control line 34 funding formula apportionment pursuant to Section 2576. line 35 (5)  In each fiscal year, the allocations made pursuant to this line 36 subdivision shall be made to school districts and charter schools line 37 by the Superintendent as soon as practicable after the second line 38 principal apportionment and to county offices of education as soon line 39 as practicable after the annual principal apportionment. The line 40 allocations made shall be final. The Superintendent may provide 98 — 5 — SB 959
line 1 a preliminary allocation of up to 50 percent no sooner than the line 2 first principal apportionment.
line 3 (6)  (A)  The amounts described in this subdivision shall be line 4 continuously appropriated from the General Fund to the line 5 Superintendent for these purposes.
line 6 (B)  For purposes of making the computations required by line 7 Section 8 of Article XVI of the California Constitution, the line 8 appropriation made by this subdivision shall be deemed to be line 9 “General Fund revenues appropriated for school districts,” as line 10 defined in subdivision (c) of Section 41202, for the fiscal year in line 11 which they are appropriated, and included within the “total line 12 allocations to school districts and community college districts from line 13 General Fund proceeds of taxes appropriated pursuant to Article line 14 XIIIB,” as defined in subdivision (e) of Section 41202. line 15 (e)  Notwithstanding any other law, for a school district or charter line 16 school physically located within a school district, where no less line 17 than 5 percent of the residences within the school district, or the line 18 school district’s facilities, were destroyed as a result of a state of line 19 emergency that was declared by the Governor in September 2020, line 20 all of the following shall apply:
line 21 (1)  For the 2021–22 fiscal year, for school districts, the line 22 Superintendent shall calculate the difference between the school line 23 district’s certified annual principal apportionment local control line 24 funding formula revenues pursuant to Section 42238.02 in the line 25 2021–22 fiscal year and the 2019–20 fiscal year, including local line 26 revenue, pursuant to subdivision (j) of Section 42238.02, and any line 27 additional funds received pursuant to subdivision (e) of Section line 28 42238.03 in excess of the entitlement calculated pursuant to Section line 29 42238.02 and 42238.03 and, if there is a difference, allocate the line 30 amount of that difference to the school district. line 31 (2)  For the 2021–22 fiscal year, for charter schools that operate line 32 a minimum of 175 school days and report at least 75 percent of line 33 the total second period average daily attendance for the 2019–20 line 34 fiscal year, as described in Section 41601, the Superintendent shall line 35 calculate the difference between the charter school’s certified line 36 second principal apportionment local control funding formula line 37 revenues pursuant to Section 42238.02 in the 2021–22 fiscal year line 38 and the 2019–20 fiscal year, and, if there is a difference, allocate line 39 the amount of that difference to the charter school. 98 SB 959 — 6 —
line 1 (3)  School districts and charter schools shall notify the line 2 Superintendent of their eligibility pursuant to this subdivision by line 3 November 1, 2021, in the manner prescribed by the Superintendent. line 4 (4)  Preliminary allocations made pursuant to paragraph (1) shall line 5 be made to school districts by the Superintendent through the line 6 principal apportionment beginning with the 2021–22 fiscal year line 7 first principal apportionment certification and shall be made final line 8 as of the annual principal apportionment.
line 9 (5)  Allocations made pursuant to paragraph (2) shall be made line 10 to charter schools by the Superintendent as soon as practicable line 11 after the second principal apportionment and shall be made final line 12 as of the annual principal apportionment. The Superintendent may line 13 provide a preliminary allocation of up to 50 percent no sooner than line 14 the first principal apportionment.
line 15 (f)  Notwithstanding any other law, for a school district where line 16 a school eligible for funding pursuant to Article 4 (commencing line 17 with Section 42280) of Chapter 7 of Part 24 of Division 3 was line 18 destroyed as a result of a state of emergency that was declared by line 19 the Governor in August 2021, the following shall apply:
line 20 (1)  The school district may continue to report the amount of line 21 attendance generated by pupils enrolled in another school of the line 22 school district that would have otherwise attended the destroyed line 23 school, and the number of full-time teachers employed by the line 24 school district that would have otherwise provided instructional line 25 services at the school, as if the school were operational in the line 26 2021–22, 2022–23, and 2023–24 fiscal years.
line 27 (2)  The school shall be considered a necessary small school for line 28 the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal line 29 years.
line 30 (g)  (1)  Notwithstanding any other law, paragraphs (2) and (3) line 31 shall apply for the following charter schools identified in line 32 subparagraph (A), (B), or (C) that were damaged, destroyed, or line 33 directly impacted, as a result of a state of emergency that was line 34 declared by the Governor in January 2025:
line 35 (A)  Marquez Charter, Palisades Charter Elementary, and line 36 Palisades Charter High within the Los Angeles Unified School line 37 District.
line 38 (B)  Aveson Global Leadership Academy, Aveson School of line 39 Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud line 40 Academy in the Pasadena Unified School District. 98 — 7 — SB 959
line 1 (C)  Alma Fuerte Public in the City of Pasadena. line 2 (2)  For the 2025–26 fiscal year, for charter schools identified line 3 in paragraph (1) that operate a minimum of 175 school days, as line 4 described in Section 41601, the Superintendent shall calculate the line 5 difference between the charter school’s certified local control line 6 funding formula entitlement pursuant to Section 42238.02 as of line 7 the annual principal apportionment in the 2025–26 fiscal year and line 8 the first principal apportionment in the 2024–25 fiscal year, and, line 9 if there is a difference, allocate the amount of that difference to line 10 the charter school.
line 11 (3)  Allocations made pursuant to paragraph (2) shall be made line 12 final as of the annual principal apportionment. The Superintendent line 13 may provide a preliminary allocation no sooner than the first line 14 principal apportionment.
line 15 (h)  This section applies to any average daily attendance that line 16 occurs during any part of a school year.
line 17 SEC. 2. This act is an urgency statute necessary for the line 18 immediate preservation of the public peace, health, or safety within line 19 the meaning of Article IV of the California Constitution and shall line 20 go into immediate effect. The facts constituting the necessity are:
line 21 Due to the eminent danger of wildfires throughout the state and line 22 the need to address the safety of pupils on campuses in high line 23 wildfire danger areas, it is necessary for this act to take effect line 24 immediately.

O
98 SB 959 — 8 —
AMENDED IN ASSEMBLY JULY 1, 2026
AMENDED IN ASSEMBLY JUNE 22, 2026
AMENDED IN SENATE MAY 14, 2026
AMENDED IN SENATE APRIL 9, 2026
AMENDED IN SENATE MARCH 26, 2026
SENATE BILL No. 1167
Introduced by Senator Blakespear
(Principal coauthor: Assembly Member Wicks)
(Coauthors: Senators Choi, Dahle, Gonzalez, Grayson, Menjivar, Richardson, Strickland, and Wiener)
(Coauthors: Assembly Members Boerner, Connolly, Davies, and Dixon) Dixon, and Sharp-Collins)
February 18, 2026
An act to amend Section 51860 of the Education Code, to amend Sections 26300 and 26302 26300, 26302, 26303, and 26304 of the Health and Safety Code, to amend Section 4442 of the Public Resources Code, and to amend Sections 312.5, 405, 406, 407.5, 426, 472, 672, 4020, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 12500, 12509, 12509.5, 12804.9, 12814.6, 21113, 21201.3, 21203, 21207.5, 21209, 21712, 21960, 22651.08, 23135, 23330, 24015, 24951, 25650, 27800, 27802, 27803, 38012, 38366, 38505, and 38601 of, to amend the heading of Article 8.1 (commencing with Section 5030) of Chapter 1 of Division 3 of, to add Section 21065 to, and to add Article

7.5 (commencing with Section 27850) to Chapter 5 of Division 12 of, the Vehicle Code, relating to vehicles.

94 legislative counsel’s digest
SB 1167, as amended, Blakespear. Vehicles: electric bicycles.

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. The bill would additionally make a violation of this provision a misleading statement for purposes of unfair competition and false advertising provisions of the Business and Professions Code. By creating new crimes related to the advertisement, sale, offer, and labeling of electric bicycles, and by 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 94 SB 1167 — 2 —
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 off-road 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. The bill would additionally make a violation of this provision a misleading statement for purposes of unfair competition and false advertising provisions of the Business and Professions Code. By creating new crimes related to disclosure requirements on manufacturers, importers, or sellers of motor-driven cycles, mopeds, or electric off-road motorcycles, and by 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.

This bill would require manufacturers and distributors of mopeds and motor-driven cycles to apply a similar label. 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 94 — 3 — SB 1167
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 marking or label information affixed on the electric bicycle, moped, and motor-driven cycle 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 94 SB 1167 — 4 —
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 has been certified by its manufacturer, as specified, and the name of the manufacturer and the test standard used are permanently marked on the vehicle or on its drive system. 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 94 — 5 — SB 1167
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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)  Electric bicycles not only offer a solution to car dependency line 4 and transportation poverty, but also help reduce our carbon line 5 footprint. As California moves away from its dependence on fossil line 6 fuels, we will continue to see a rise in zero-emission modes of line 7 transportation, including, but not limited to, electric bicycles. line 8 (b)  Electric bicycles reduce barriers in encouraging more people line 9 to ride bicycles and play a significant factor in replacing car trips line 10 in order to meet our goals of shifting to alternative modes of line 11 transportation, reducing the number of motor vehicle miles line 12 traveled, and improving our climate.
line 13 (c)  Other electric cycles, including motor-driven cycles, mopeds, line 14 and “e-motos,” are not electric bicycles because of their excessive line 15 speed and power, but are designed and marketed as “e-bikes” to line 16 children on social media, and are gaining popularity. Nearly 90 line 17 percent of electric devices observed at the bicycle racks of local line 18 schools in Counties of San Mateo and Marin in 2025 were line 19 “e-motos,” not electric bicycles.
line 20 (d)  Many devices are being deceptively marketed as class 2 or line 21 class 3 electric bicycles and do not fit into the legal classification line 22 of either class because the equipped motor is more powerful than line 23 the legally authorized 750 watts or because the advertised and 94 SB 1167 — 6 —
line 1 actual top assisted speed is above the legal limit of 20 or 28 miles line 2 per hour, respectively.
line 3 (e)  “E-motos” are causing increased safety issues on the streets line 4 of many California communities, based on evidence in a report line 5 issued by the Mineta Transportation Institute in 2025. line 6 (f)  It is the intent of the Legislature to improve the safe line 7 movement and expanded usage of electric bicycles as a net-zero line 8 transportation mode in the context of California’s existing line 9 multimodal transportation system.
line 10 (g)  It is the intent of the Legislature to protect consumers from line 11 deceptive marketing tactics while ensuring the safety of our line 12 roadways.
line 13 SEC. 2. Section 51860 of the Education Code is amended to line 14 read:
line 15 51860. (a)  The governing board of any school district having line 16 jurisdiction over any elementary, intermediate, junior high, or high line 17 school may provide time and facilities to any local law enforcement line 18 agency having jurisdiction over the schools of the district, as well line 19 as to other organizations, as described in paragraph (1) of line 20 subdivision (a) of Section 38134, or public agencies that provide line 21 bicycle, scooter, electric bicycle, motorized bicycle, moped, or line 22 motorized scooter safety instruction, for bicycle, scooter, electric line 23 bicycle, motorized bicycle, moped, or motorized scooter safety line 24 instruction.
line 25 (b)  For purposes of this section, the following definitions apply:
line 26 (1)  “Electric bicycle” has the same meaning as in Section 312.5 line 27 of the Vehicle Code.
line 28 (2)  “Motorized bicycle” “Moped” has the same meaning as in line 29 Section 406 of the Vehicle Code.
line 30 (3)  “Motorized scooter” has the same meaning as in Section line 31 407.5 of the Vehicle Code.
line 32 SEC. 2.
line 33 SEC. 3. Section 26300 of the Health and Safety Code is line 34 amended to read:
line 35 26300. For purposes of this chapter, the following terms have line 36 the following meanings:
line 37 (a)  “Accredited testing laboratory” means an independent line 38 laboratory accredited by an accreditation body to ISO 17025 or line 39 ISO 17065, or a Nationally Recognized Testing Laboratory line 40 (NRTL).
94 — 7 — SB 1167
line 1 (b)  “Certification” means the attestation by an accredited testing line 2 laboratory that the equipment, device, or product has been line 3 evaluated and tested and found to conform to the standards line 4 specified in this chapter.
line 5 (c)  “Charging system” means dedicated chargers used for line 6 charging an electric bicycle, a powered mobility device, or storage line 7 batteries that are either in place or removed from electric bicycles line 8 or powered mobility devices for charging.
line 9 (d)  “Complete electrical system” means all electric components line 10 of an electric bicycle or powered mobility device, including, but line 11 not limited to, drive units, batteries, battery management systems, line 12 interconnected wiring, charging systems, and power inlets. line 13 (e)  (1)  “Electric bicycle” means a bicycle with electric line 14 assistance as defined in Section 312.5 of the Vehicle Code. line 15 (2)  Devices advertised as “e-bikes,” “e-bicycles,” “electric line 16 bikes,” or other variations that are substantially similar to an line 17 electric bicycle are subject to the same standards as an electric line 18 bicycle.
line 19 (f)  “Nationally recognized testing laboratory” (NRTL) means line 20 an organization that meets the qualifications provided in Section line 21 1910(b) of Title 29 of the Code of Federal Regulations and is line 22 recognized as an NRTL by the United States Department of Labor, line 23 Occupational Safety and Health Administration’s (OSHA) line 24 Nationally Recognized Testing Laboratory Program. line 25 (g)  “Office” means the Office of the State Fire Marshal. line 26 (h)  (1)  “Powered mobility device” includes any either of the line 27 following:
line 28 (A)  A motorized scooter as defined in subdivision (a) of Section line 29 407.5 of the Vehicle Code.
line 30 (B)  A motorized bicycle or moped as defined in subdivision (a) line 31 of Section 406 of the Vehicle Code.
line 32 (C)  An off-highway electric motorcycle as defined in Section line 33 436.1 of the Vehicle Code.
line 34 (D)
line 35 (B)  Any other personal mobility device powered by a lithium-ion line 36 storage battery.
line 37 (2)  “Powered mobility device” does not include electric bicycles, line 38 wheelchairs, or other mobility devices designed for use by persons line 39 with disabilities, a vehicle that is powered by an internal 94 SB 1167 — 8 —
line 1 combustion engine, or a vehicle required to be registered with the line 2 Department of Motor Vehicles.
line 3 (i)  “Storage battery” means any of the following:
line 4 (1)  A rechargeable lithium-ion traction battery that supplies line 5 electrical power to the motor that propels an electric bicycle or line 6 powered mobility device, and includes a replacement original line 7 equipment traction battery for those devices.
line 8 (2)  A battery sold as part of a kit intended to convert a bicycle line 9 into an electric bicycle or powered mobility device. line 10 (3)  A lithium-ion battery advertised as suitable for use with an line 11 electric bicycle or powered mobility device.
line 12 SEC. 3.
line 13 SEC. 4. Section 26302 of the Health and Safety Code is line 14 amended to read:
line 15 26302. (a)  A person shall not distribute, sell, lease, or offer line 16 for sale or lease an electric bicycle unless the storage battery for line 17 the electric bicycle has been tested by an accredited testing line 18 laboratory for compliance with a standard referenced in line 19 ANSI/CAN/UL 2849 or EN 15194, or other safety standard for line 20 electric bicycles as the office has established by rule. line 21 (b)  A person shall not distribute, sell, lease, or offer for sale or line 22 lease a powered mobility device unless the battery for the powered line 23 mobility device has been tested by an accredited testing laboratory line 24 for compliance with ANSI/CAN/UL 2272, except that a moped line 25 or off-highway electric motorcycle may be certified by its line 26 manufacturer for compliance with SAE J2929 or another applicable line 27 SAE, ISO, UNECE, or IEC electrical safety standard if the name line 28 of the manufacturer and the test standard used are permanently line 29 marked on the vehicle or on its drive system. 2272. line 30 (c)  A person shall not shall not distribute, sell, lease, or offer line 31 for sale or lease a moped or off-highway electric motorcycle unless line 32 the battery for the vehicle complies with SAE J2929 or another line 33 applicable SAE, ISO, UNECE, or IEC safety standard. line 34 (c)
line 35 (d)  A person shall not distribute, sell, lease, or offer for sale or line 36 lease a storage battery unless the storage battery meets either any line 37 of the following:
line 38 (1)  The storage battery is designed for a powered mobility device line 39 and has been tested by an accredited testing laboratory for 94 — 9 — SB 1167
line 1 compliance with ANSI/CAN/UL 2271 or other safety standard for line 2 powered mobility devices as the office has established by rule. line 3 (2)  The storage battery is designed for an electric bicycle and line 4 has been tested by an accredited testing laboratory for compliance line 5 with a battery standard referenced in ANSI/CAN/UL 2849, EN line 6 15194, or other safety standard as the office has established by line 7 rule, or is part of a complete electrical system for an electric bicycle line 8 that has been tested by an accredited laboratory for compliance line 9 with ANSI/CAN/UL 2849, EN 15194, or other safety standard as line 10 the office has established by rule.
line 11 (3)  The storage battery is designed for a moped or off-highway line 12 electric motorcycle, and the battery complies with SAE J2929 or line 13 another applicable SAE, ISO, UNECE, or IEC safety standard. line 14 (d)
line 15 (e)  (1)  Charging systems advertised, distributed, sold, leased, line 16 or offered for sale or lease for use with a particular electric bicycle, line 17 powered mobility device, or storage battery shall be certified for line 18 use with that electric bicycle, powered mobility device, or storage line 19 battery.
line 20 (2)  Charging systems advertised, distributed, sold, leased, or line 21 offered for sale or lease for use with mopeds or off-highway electric line 22 motorcycles shall comply with applicable requirements within SAE line 23 J2929 or another applicable SAE, ISO, UNECE, or IEC safety line 24 standard, and be compatible for use with the moped, off-highway line 25 electric motorcycle, or storage battery.
line 26 (e)
line 27 (f)  (1)  A person shall not distribute, sell, lease, or offer for sale line 28 or lease an electric bicycle, powered mobility device, charging line 29 system, or storage battery unless the logo, wordmark, label, or line 30 name of an accredited testing laboratory and the applicable line 31 certification standard used to show compliance is permanently line 32 affixed directly on the electric bicycle or its electrical system, the line 33 powered mobility device, the charging system, or the battery of line 34 the electric bicycle or powered mobility device. line 35 (2)  A person shall not distribute, sell, lease, or offer for sale or line 36 lease a moped or off-highway electric motorcycle unless the vehicle line 37 is equipped with a permanent label or marking on the vehicle in line 38 a readily visible location stating compliance with SAE J2929 or line 39 another applicable SAE, ISO, UNECE, or IEC safety standard, 94 SB 1167 — 10 —
line 1 and the manufacturer retains documentation and information line 2 supporting compliance with the standard.
line 3 (2)
line 4 (3)  A person shall not be required to display the logo, wordmark, line 5 label, or name of an accredited testing laboratory if the electric line 6 bicycle, powered mobility device, moped, off-highway electric line 7 motorcycle, charging system, or storage battery is being sold or line 8 leased secondhand.
line 9 SEC. 5. Section 26303 of the Health and Safety Code is line 10 amended to read:
line 11 26303. (a)  A person shall not rent or offer for rental an electric line 12 bicycle unless the battery for the electric bicycle has been tested line 13 by an accredited testing laboratory for compliance with a standard line 14 referenced in ANSI/CAN/UL 2849, EN 15194, or other safety line 15 standard for electric bicycles the office has established by rule. line 16 (b)  A person shall not rent or offer for rental an electric bicycle line 17 charging system unless the charging system has been tested by an line 18 accredited testing laboratory for compliance with a standard line 19 referenced in ANSI/CAN/UL 2849, EN 15194, or other safety line 20 standard for electric bicycle charging systems the office has line 21 established by rule, and, if it is being rented for use with a specific line 22 electric bicycle, it is certified for use with that electric bicycle’s line 23 battery.
line 24 (c)  A person shall not rent or offer for rental a powered mobility line 25 device unless the powered mobility device has been tested by an line 26 accredited testing laboratory for compliance with ANSI/CAN/UL line 27 2272.
line 28 (d)  A person shall not rent or offer for rental a powered mobility line 29 device charging system unless the charging system has been tested line 30 by an accredited testing laboratory for compliance with line 31 ANSI/CAN/UL 2272 and, if it is being rented for use with a line 32 specific powered mobility device, it is certified for use with that line 33 powered mobility device’s battery.
line 34 (e)  A person shall not rent or offer for rental a moped or line 35 off-highway electric motorcycle unless the battery for the vehicle line 36 complies with SAE J2929 or another applicable SAE, ISO, UNECE, line 37 or IEC safety standard.
line 38 (f)  A person shall not rent or offer for rental a moped or line 39 off-highway electric motorcycle charging system unless the line 40 charging system complies with applicable requirements within 94 — 11 — SB 1167
line 1 SAE J2929 or another applicable SAE, ISO, UNECE, or IEC safety line 2 standard, and is compatible for use with the moped, off-highway line 3 electric motorcycle, or storage battery.
line 4 (e)
line 5 (g)  A person shall not rent or offer for rental a storage battery line 6 unless the storage battery meets either any of the following:
line 7 (1)  The storage battery is designed for a powered mobility device line 8 and has been tested by an accredited testing laboratory for line 9 compliance with ANSI/CAN/UL 2271.
line 10 (2)  The storage battery is designed for an electric bicycle and line 11 has been tested by an accredited testing laboratory for compliance line 12 with a battery standard referenced in ANSI/CAN/UL 2849, EN line 13 15194, or other safety standard as the office has established by line 14 rule, or is part of a complete electrical system for an electric bicycle line 15 that has been tested by an accredited laboratory for compliance line 16 with ANSI/CAN/UL 2849, EN 15194, or other safety standard as line 17 the office has established by rule.
line 18 (3)  The storage battery is designed for a moped or off-highway line 19 electric motorcycle, and the battery complies with SAE J2929 or line 20 another applicable SAE, ISO, UNECE, or IEC safety standard. line 21 (f)
line 22 (h)  A person shall not rent or offer for rental a storage battery line 23 charging system unless the either of the following circumstances line 24 are met:
line 25 (1)   The charging system has been tested by an accredited testing line 26 laboratory for compliance with a charger standard referenced in line 27 UL 2272, UL 2849, EN 15194, or other safety standard for storage line 28 battery charging systems the office has established by rule and, if line 29 it is being rented for use with a specific storage battery, it is line 30 certified for use with that storage battery.
line 31 (2)  The charging system complies with applicable requirements line 32 within SAE J2929 or another applicable SAE, ISO, UNECE, or line 33 IEC safety standard if the storage battery charging system is for line 34 use with a moped or off-highway electric motorcycle. line 35 (g)
line 36 (i)  A person shall not be required to display the logo, wordmark, line 37 label, or name of an accredited testing laboratory if the electric line 38 bicycle, powered mobility device, or storage battery is being rented. line 39 (h)
line 40 (j)  This section shall become operative on January 1, 2028. 94 SB 1167 — 12 —
line 1 SEC. 6. Section 26304 of the Health and Safety Code is line 2 amended to read:
line 3 26304. (a)   A manufacturer, importer, distributor, or retailer line 4 of an electric bicycle, powered mobility device, charging system, line 5 or storage battery used on an electric bicycle or powered mobility line 6 device, that is subject to testing under this chapter chapter, shall line 7 provide, upon request, a true and accurate copy of the test report line 8 for the product issued by the accredited testing laboratory. line 9 (b)  A manufacturer, importer, distributor, or retailer of a moped line 10 or off-highway electric motorcycle, charging system, or storage line 11 battery used on a moped or off-highway electric motorcycle shall line 12 retain documentation and information supporting compliance with line 13 any standard required by this chapter.
line 14 SEC. 4.
line 15 SEC. 7. Section 4442 of the Public Resources Code is amended line 16 to read:
line 17 4442. (a)  Except as otherwise provided in this section, a person line 18 shall not use, operate, or allow to be used or operated, any internal line 19 combustion engine that uses hydrocarbon fuels on any line 20 forest-covered land, brush-covered land, or grass-covered land line 21 unless the engine is equipped with a spark arrester, as defined in line 22 subdivision (c), maintained in effective working order, or the line 23 engine is constructed, equipped, and maintained for the prevention line 24 of fire pursuant to Section 4443.
line 25 (b)  Spark arresters affixed to the exhaust system of engines or line 26 vehicles subject to this section shall not be placed or mounted in line 27 such a manner as to allow flames or heat from the exhaust system line 28 to ignite any flammable material.
line 29 (c)  A spark arrester is a device constructed of nonflammable line 30 materials specifically for the purpose of removing and retaining line 31 carbon and other flammable particles over 0.0232 of an inch in line 32 size from the exhaust flow of an internal combustion engine that line 33 uses hydrocarbon fuels or which is qualified and rated by the line 34 United States Forest Service.
line 35 (d)  Engines used to provide motive power for trucks, truck line 36 tractors, buses, and passenger vehicles, except motorcycles, are line 37 not subject to this section if the exhaust system is equipped with line 38 a muffler, as defined in the Vehicle Code.
line 39 (e)  Turbocharged engines are not subject to this section if all line 40 exhausted gases pass through the rotating turbine wheel, there is 94 — 13 — SB 1167
line 1 no exhaust bypass to the atmosphere, and the turbocharger is in line 2 effective mechanical condition.
line 3 (f)  Motor vehicles, when being operated in an organized racing line 4 or competitive event upon a closed course, are not subject to this line 5 section if the event is conducted under the auspices of a recognized line 6 sanctioning body and by permit issued by the fire protection line 7 authority having jurisdiction.
line 8 (g)  A person shall not use, operate, or allow to be used or line 9 operated, any off-highway electric motorcycle, or any motorcycle, line 10 motor-driven cycle, or moped powered by an electric motor, on line 11 any forest-covered land, brush-covered land, or grass-covered land line 12 unless the vehicle has been certified by its manufacturer for line 13 compliance with SAE J2929 or another applicable SAE, ISO, line 14 UNECE, or IEC electrical safety standard and the name of the line 15 manufacturer and the test standard used are permanently marked line 16 on the vehicle or on its drive system.
line 17 SEC. 5.
line 18 SEC. 8. Section 312.5 of the Vehicle Code is amended to read:
line 19 312.5. (a)  An “electric bicycle” or “e-bike” is a bicycle line 20 equipped with fully operable pedals and an electric motor that does line 21 not exceed 750 watts of power.
line 22 (1)  A “class 1 electric bicycle,” or “low-speed pedal-assisted line 23 electric bicycle,” is a bicycle equipped with a motor that provides line 24 assistance only when the rider is pedaling, that is not capable of line 25 exclusively propelling the bicycle, except as provided in paragraph line 26 (4), that ceases to provide assistance when the bicycle reaches the line 27 speed of 20 miles per hour, and that is not capable of providing line 28 assistance to reach speeds greater than 20 miles per hour. line 29 (2)  A “class 2 electric bicycle,” or “low-speed throttle-assisted line 30 electric bicycle,” is a bicycle equipped with a motor that may be line 31 used exclusively to propel the bicycle, and that is not capable of line 32 providing assistance when the bicycle reaches the speed of 20 line 33 miles per hour.
line 34 (3)  A “class 3 electric bicycle,” or “speed pedal-assisted electric line 35 bicycle,” is a bicycle equipped with a motor that provides line 36 assistance only when the rider is pedaling, that is not capable of line 37 exclusively propelling the bicycle, except as provided in paragraph line 38 (4), and that ceases to provide assistance when the bicycle reaches line 39 the speed of 28 miles per hour, and equipped with a speedometer. 94 SB 1167 — 14 —
line 1 (4)  A class 1 or class 3 electric bicycle may have start assistance line 2 or a walk mode that propels the electric bicycle on motor power line 3 alone, up to a maximum speed of 3.7 miles per hour. line 4 (b)  A person riding an electric bicycle, as defined in this section, line 5 is subject to Article 4 (commencing with Section 21200) of Chapter line 6 1 of Division 11.
line 7 (c)  The following vehicles are not electric bicycles under this line 8 code and shall not be advertised, sold, offered for sale, or labeled line 9 as electric bicycles or “e-bikes:”
line 10 (1)  A vehicle with motor power of more than 750 watts. line 11 (2)  A vehicle capable of attaining a speed greater than 20 miles line 12 per hour on motor power alone.
line 13 (3)  A vehicle with a motor capable of providing assistance when line 14 the vehicle reaches a speed exceeding 28 miles per hour. line 15 (4)  A vehicle with no more than three wheels powered by an line 16 electric motor that is intended by the manufacturer to be modifiable line 17 to do any of the following:
line 18 (A)  Attain more than 750 watts of power.
line 19 (B)  Attain a speed greater than 20 miles per hour on motor line 20 power alone.
line 21 (C)  Provide assistance when the vehicle reaches a speed line 22 exceeding 28 miles per hour.
line 23 (5)  A vehicle without operable pedals.
line 24 (6)  Any motorcycle, motor-driven cycle, moped, motorized line 25 scooter, off-highway electric motorcycle, pocket bike, or line 26 recreational off-highway vehicle.
line 27 (d)  In addition to any penalties imposed under this code, line 28 advertising or selling a device listed in subdivision (c) as an line 29 “e-bike” or any class of electric bicycle shall constitute a line 30 misleading statement within the meaning of Sections 17200 and line 31 17500 of the Business and Professions Code.
line 32 SEC. 6.
line 33 SEC. 9. Section 405 of the Vehicle Code is amended to read:
line 34 405. (a)  (1)   A “motor-driven cycle” is any motorcycle line 35 propelled by an internal combustion engine that displaces less than line 36 150 cubic centimeters, or by an electric motor that produces 5 line 37 gross brake horsepower (3,750 watts) or less, and is designed for line 38 highway use, complies use.
line 39 (2)   A motor-driven cycle shall comply with all applicable federal line 40 motor vehicle safety standards contained in Part 571 (commencing 94 — 15 — SB 1167
line 1 with Section 571.1) of Title 49 of the Code of Federal Regulations, line 2 or any successor regulation, has have a 17-digit vehicle line 3 identification number and a safety certification label, as required line 4 in Parts 565 (commencing with Section 565.1) and 567 line 5 (commencing with Section 567.1) of Title 49 of the Code of line 6 Federal Regulations, and is be equipped in accordance with the line 7 requirements of this code. A motor-driven cycle does not include line 8 a moped.
line 9 (b)  An electric bicycle, moped, motorized scooter, pocket bike, line 10 or recreational off-highway vehicle is not a motor-driven cycle line 11 and shall not be advertised, sold, offered for sale, or labeled as a line 12 motor-driven cycle.
line 13 (c)  In addition to any penalties imposed under this code, line 14 advertising or selling a motor-driven cycle as an “e-bike” or any line 15 class of electric bicycle shall constitute a misleading statement line 16 within the meaning of Sections 17200 and 17500 of the Business line 17 and Professions Code.
line 18 SEC. 7.
line 19 SEC. 10. Section 406 of the Vehicle Code is amended to read:
line 20 406. (a)  (1)  A “moped” is a two-wheeled or three-wheeled line 21 device that has an electric motor or an internal combustion engine line 22 that produces less than 4 gross brake horsepower (3,000 watts), is line 23 capable of propelling the device at a maximum speed of not more line 24 than 30 miles per hour on level ground, is designed for highway line 25 use, complies use.
line 26 (2)  A moped shall comply with all applicable federal motor line 27 vehicle safety standards contained in Part 571 (commencing with line 28 Section 571.1) of Title 49 of the Code of Federal Regulations, has line 29 have a 17-digit vehicle identification number and a safety line 30 certification label, as required in Parts 565 (commencing with line 31 Section 565.1) and 567 (commencing with Section 567.1) of Title line 32 49 of the Code of Federal Regulations, and is be equipped in line 33 accordance with the requirements of this code.
line 34 (2)
line 35 (3)  An electric bicycle, motor-driven cycle, motorized scooter, line 36 pocket bike, or off-highway electric motorcycle is not a moped, line 37 and shall not be advertised, sold, offered for sale, or labeled as a line 38 moped.
line 39 (3)
94 SB 1167 — 16 —
line 1 (4)  A moped may be equipped with operable pedals for line 2 propulsion by human power.
line 3 (b)  In addition to any penalties imposed under this code, line 4 advertising or selling a moped as an “e-bike” or any class of electric line 5 bicycle shall constitute a misleading statement within the meaning line 6 of Sections 17200 and 17500 of the Business and Professions line 7 Code.
line 8 (c)
line 9 (b)  A moped is formerly also referred to as a “motorized line 10 bicycle.”
line 11 SEC. 11. Section 407.5 of the Vehicle Code is amended to read:
line 12 407.5. (a)  A “motorized scooter” is any two-wheeled device line 13 that has handlebars, has either a floorboard that is designed to be line 14 stood upon when riding or a seat and footrests in place of the line 15 floorboard, and is powered by an electric motor. This device may line 16 also be designed to be powered by human propulsion. For purposes line 17 of this section, a motorcycle, as defined in Section 400, a line 18 motor-driven cycle, as defined in Section 405, or a motorized line 19 bicycle or moped, as defined in Section 406, is not a motorized line 20 scooter.
line 21 (b)  A device meeting the definition in subdivision (a) that is line 22 powered by a source other than electrical power is also a motorized line 23 scooter.
line 24 (c)  (1)  A manufacturer of motorized scooters shall provide a line 25 disclosure to buyers that advises buyers that the buyers’ existing line 26 insurance policies may not provide coverage for these scooters line 27 and that the buyers should contact their insurance company or line 28 insurance agent to determine if coverage is provided. line 29 (2)  The disclosure required under paragraph (1) shall meet both line 30 of the following requirements:
line 31 (A)  The disclosure shall be printed in not less than 14-point line 32 boldface type on a single sheet of paper that contains no line 33 information other than the disclosure.
line 34 (B)  The disclosure shall include the following language in line 35 capital letters:
line 36 “YOUR INSURANCE POLICIES MAY NOT PROVIDE
line 37 COVERAGE FOR ACCIDENTS INVOLVING THE USE OF
line 38 THIS SCOOTER. TO DETERMINE IF COVERAGE IS
line 39 PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE
line 40 COMPANY OR AGENT.”
94 — 17 — SB 1167
line 1 (d)  (1)  A manufacturer of motorized scooters shall provide a line 2 disclosure to a buyer that advises the buyer that the buyer may not line 3 modify or alter the exhaust system to cause that system to amplify line 4 or create an excessive noise, or to fail to meet applicable emission line 5 requirements.
line 6 (2)  The disclosure required under paragraph (1) shall meet both line 7 of the following requirements:
line 8 (A)  The disclosure shall be printed in not less than 14-point line 9 boldface type on a single sheet of paper that contains no line 10 information other than the disclosure.
line 11 (B)  The disclosure shall include the following language in line 12 capital letters:
line 13
line 14 “YOU MAY NOT MODIFY OR ALTER THE EXHAUST
line 15 SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY
line 16 OR CREATE EXCESSIVE NOISE PER VEHICLE CODE
line 17 SECTION 21226, OR TO FAIL TO MEET APPLICABLE
line 18 EMISSION REQUIREMENTS PER VEHICLE CODE 27156.”
line 19
line 20 SEC. 8.
line 21 SEC. 12. Section 426 of the Vehicle Code is amended to read:
line 22 426. “New motor vehicle dealer” is a dealer who, in addition line 23 to the requirements of that section, either acquires for resale new line 24 and unregistered motor vehicles from manufacturers or distributors line 25 of those motor vehicles or acquires for resale new off-highway line 26 motorcycles, off-highway electric motorcycles, or all-terrain line 27 vehicles from manufacturers or distributors of the vehicles. A line 28 distinction shall not be made, nor any different construction be line 29 given to the definition of “new motor vehicle dealer” and “dealer” line 30 except for the application of the provisions of Chapter 6 line 31 (commencing with Section 3000) of Division 2 and Sections 4456, line 32 4750.6, and 11704.5. Sections 3001 and 3003 do not, however, line 33 apply to a dealer who deals exclusively in motorcycles, all-terrain line 34 vehicles, or recreational vehicles, as defined in subdivision (a) of line 35 Section 18010 of the Health and Safety Code.
line 36 SEC. 9.
line 37 SEC. 13. Section 472 of the Vehicle Code is amended to read:
line 38 472. A “pilot car” is a motor vehicle, except a motorcycle, line 39 moped, or motorized quadricycle, which is used to escort one or 94 SB 1167 — 18 —
line 1 more other vehicles, when required, due to the vehicles’ size or line 2 character of load, in accordance with conditions set forth in a line 3 permit issued by the appropriate state agency or by a local line 4 authority.
line 5 SEC. 10.
line 6 SEC. 14. Section 672 of the Vehicle Code is amended to read:
line 7 672. (a)  “Vehicle manufacturer” is any person who produces line 8 from raw materials or new basic components a vehicle of a type line 9 subject to registration under this code, off-highway motorcycles, line 10 off-highway electric motorcycles, or all-terrain vehicles subject line 11 to identification under this code, or trailers subject to identification line 12 pursuant to Section 5014.1, or who permanently alters, for purposes line 13 of retail sales, new commercial vehicles by converting the vehicles line 14 into house cars that display the insignia of approval required by line 15 Section 18056 of the Health and Safety Code and any regulations line 16 issued pursuant thereto by the Department of Housing and line 17 Community Development. As used in this section, “permanently line 18 alters” does not include the permanent attachment of a camper to line 19 a vehicle.
line 20 (b)  A vehicle manufacturer that produces a vehicle of a type line 21 subject to registration that consists of used or reconditioned parts, line 22 for the purposes of the code, is a remanufacturer, as defined in line 23 Section 507.8.
line 24 (c)  Unless a vehicle manufacturer either grants franchises to line 25 franchisees in this state, or issues vehicle warranties directly to line 26 franchisees in this state or consumers in this state, the manufacturer line 27 shall have an established place of business or a representative in line 28 this state.
line 29 (d)  The scope and application of this section are limited to line 30 Division 2 (commencing with Section 1500) and Division 5 line 31 (commencing with Section 11100).
line 32 SEC. 11.
line 33 SEC. 15. Section 4020 of the Vehicle Code is amended to read:
line 34 4020. A moped operated upon a highway is exempt from line 35 registration.
line 36 SEC. 12.
line 37 SEC. 16. The heading of Article 8.1 (commencing with Section line 38 5030) of Chapter 1 of Division 3 of the Vehicle Code is amended line 39 to read:
94 — 19 — SB 1167
line 1 Article 8.1. Mopeds
line 2
line 3 SEC. 13.
line 4 SEC. 17. Section 5030 of the Vehicle Code is amended to read:
line 5 5030. A moped is required to display a special license plate line 6 issued by the department.
line 7 SEC. 14.
line 8 SEC. 18. Section 5031 of the Vehicle Code is amended to read:
line 9 5031. An application by a person other than a manufacturer or line 10 dealer for a license plate for a moped shall include all the line 11 following:
line 12 (a)  The true, full name and the driver’s license or identification line 13 card number, if any, of the owner.
line 14 (b)  A description of the moped, including any distinctive marks line 15 or features.
line 16 (c)  Other information as may reasonably be required by the line 17 department to determine whether a license plate shall be issued line 18 for the moped.
line 19 SEC. 15.
line 20 SEC. 19. Section 5032 of the Vehicle Code is amended to read:
line 21 5032. (a)  The application for a special license plate for a moped line 22 shall be made before the moped is operated or moved upon a line 23 highway, except that, upon the retail sale of a moped when there line 24 is no license plate, the operator may operate the moped for a period line 25 of five days from and including the date of sale, at which time line 26 application shall be made to the department for a special license line 27 plate. If the fifth day should fall on Saturday, Sunday, or a holiday, line 28 the application shall be made on the first business day thereafter. line 29 (b)  The five-day operating provision set forth in subdivision (a) line 30 shall apply only if the operator has in their immediate possession line 31 evidence that the moped was purchased within the last five days line 32 including the date of sale.
line 33 SEC. 16.
line 34 SEC. 20. Section 5033 of the Vehicle Code is amended to read:
line 35 5033. Upon proper application and payment of the fees line 36 specified in Section 5036, the department shall issue a special line 37 license plate and an identification card for the moped for which line 38 application was made. Applications may be submitted by mail line 39 unless the department determines that it is not feasible to complete line 40 the identification process by such method.
94 SB 1167 — 20 —
line 1 SEC. 17.
line 2 SEC. 21. Section 5034 of the Vehicle Code is amended to read:
line 3 5034. (a)  The department may issue a special license plate or line 4 other suitable device to a manufacturer or dealer of mopeds upon line 5 payment of the fee specified in Section 5036. The license plate line 6 shall be of a size, color color, and configuration determined by line 7 the department. The form of the application shall also be line 8 determined by the department.
line 9 (b)  A manufacturer or dealer of mopeds may operate or move line 10 a moped upon the highways during the delivery of, or during the line 11 demonstration for the sale of, the moped if the moped displays line 12 thereon a license plate or other suitable device issued to the line 13 manufacturer or dealer.
line 14 SEC. 18.
line 15 SEC. 22. Section 5035 of the Vehicle Code is amended to read:
line 16 5035. Each license plate issued under Section 5033 shall bear line 17 a distinctive number to identify the moped for which it is issued line 18 and shall bear a symbol, letter, or word to distinguish license plates line 19 issued under this article from license plates issued for motorcycles line 20 and motor-driven cycles. The owner, upon being issued a license line 21 plate, shall attach it to the moped for which it is issued and shall line 22 carry the identification card issued by the department as provided line 23 in Section 4454. It shall be unlawful for any person to attach or line 24 use the license plate upon any other moped or vehicle. If the moped line 25 is destroyed, the owner shall destroy the license plate and shall line 26 within 10 days notify the department on a form approved by the line 27 department that the moped and license plate have been destroyed. line 28 If the ownership of the moped is transferred to another person, line 29 that person shall submit, within 10 days, proper application as line 30 provided in Section 5031. The license plate shall remain with the line 31 moped.
line 32 SEC. 19.
line 33 SEC. 23. Section 5036 of the Vehicle Code is amended to read:
line 34 5036. A service fee of fifteen dollars ($15) shall be paid for line 35 the issuance or transfer of a special license plate for mopeds. line 36 Publicly owned mopeds are exempt from the fee.
line 37 SEC. 20.
line 38 SEC. 24. Section 5037 of the Vehicle Code is amended to read:
line 39 5037. (a)  A moped first sold on or after July 1, 1981, shall not line 40 be moved or operated upon a highway unless the owner first makes 94 — 21 — SB 1167
line 1 application for a license plate and, when received, attaches it to line 2 the moped as provided in this article.
line 3 (b)  Mopeds first sold prior to July 1, 1981, shall not be moved line 4 or operated upon a highway after January 1, 1982, unless the owner line 5 makes application for a license plate and, when received, attaches line 6 it to the moped as provided in this article.
line 7 SEC. 21.
line 8 SEC. 25. Section 5038 of the Vehicle Code is amended to read:
line 9 5038. The department shall establish a record system that line 10 provides for identification of stolen mopeds.
line 11 SEC. 22.
line 12 SEC. 26. Section 5039 of the Vehicle Code is amended to read:
line 13 5039. Notwithstanding any other provision of law, no dealer, line 14 manufacturer, salesman, or representative of mopeds exclusively line 15 is required to be licensed or permitted pursuant to Chapter 4 line 16 (commencing with Section 11700) of Division 5.
line 17 SEC. 23.
line 18 SEC. 27. Section 12500 of the Vehicle Code is amended to line 19 read:
line 20 12500. (a)  A person may not drive a motor vehicle upon a line 21 highway, unless the person then holds a valid driver’s license line 22 issued under this code, except those persons who are expressly line 23 exempted under this code.
line 24 (b)  A person may not drive a motorcycle, motor-driven cycle, line 25 or moped upon a highway, unless the person then holds a valid line 26 driver’s license or endorsement issued under this code for that line 27 class, except those persons who are expressly exempted under this line 28 code, or those persons specifically authorized to operate mopeds line 29 or motorized scooters with a valid driver’s license of any class, as line 30 specified in subdivision (h) of Section 12804.9. line 31 (c)  A person may not drive a motor vehicle in or upon any line 32 offstreet parking facility, unless the person then holds a valid line 33 driver’s license of the appropriate class or certification to operate line 34 the vehicle. As used in this subdivision, “offstreet parking facility” line 35 means any offstreet facility held open for use by the public for line 36 parking vehicles and includes any publicly owned facilities for line 37 offstreet parking, and privately owned facilities for offstreet parking line 38 where no fee is charged for the privilege to park and which are line 39 held open for the common public use of retail customers. 94 SB 1167 — 22 —
line 1 (d)  A person may not drive a motor vehicle or combination of line 2 vehicles that is not of a type for which the person is licensed. line 3 (e)  A motorized scooter operated on public streets shall at all line 4 times be equipped with an engine that complies with the applicable line 5 State Air Resources Board emission requirements. line 6 SEC. 24.
line 7 SEC. 28. Section 12509 of the Vehicle Code is amended to line 8 read:
line 9 12509. (a)  Except as otherwise provided in subdivision (f) of line 10 Section 12514, the department, for good cause, may issue an line 11 instruction permit to a physically and mentally qualified person line 12 who meets one of the following requirements and who applies to line 13 the department for an instruction permit:
line 14 (1)  Is 15 years and 6 months of age or older, and has successfully line 15 completed approved courses in automobile driver education and line 16 driver training as provided in paragraph (3) of subdivision (a) of line 17 Section 12814.6.
line 18 (2)  Is 15 years and 6 months of age or older, and has successfully line 19 completed an approved course in automobile driver education and line 20 is taking driver training as provided in paragraph (3) of subdivision line 21 (a) of Section 12814.6.
line 22 (3)  Is 15 years and 6 months of age and enrolled and line 23 participating in an integrated automobile driver education and line 24 training program as provided in subparagraph (B) of paragraph line 25 (3) of subdivision (a) of Section 12814.6.
line 26 (4)  Is over 16 years of age and is applying for a restricted line 27 driver’s license pursuant to Section 12814.7.
line 28 (5)  Is over 17 years and 6 months of age.
line 29 (b)  The applicant shall qualify for, and be issued, an instruction line 30 permit within 12 months from the date of the application. line 31 (c)  An instruction permit issued pursuant to subdivision (a) shall line 32 entitle the applicant to operate a vehicle, subject to the limitations line 33 imposed by this section and any other provisions of law, upon the line 34 highways for a period not exceeding 24 months from the date of line 35 the application.
line 36 (d)  Except as provided in Section 12814.6, a person, while line 37 having in their immediate possession a valid permit issued pursuant line 38 to paragraphs (1) to (3), inclusive, of, and paragraph (5) of, line 39 subdivision (a), may operate a motor vehicle, other than a line 40 motorcycle, motorized scooter, or a moped, when accompanied 94 — 23 — SB 1167
line 1 by, and under the immediate supervision of, a California-licensed line 2 driver with a valid license of the appropriate class who is 18 years line 3 of age or over and whose driving privilege is not subject to line 4 probation. An accompanying licensed driver at all times shall line 5 occupy a position within the driver’s compartment that would line 6 enable the accompanying licensed driver to assist the person in line 7 controlling the vehicle as may be necessary to avoid a collision line 8 and to provide immediate guidance in the safe operation of the line 9 vehicle.
line 10 (e)  A person, while having in their immediate possession a valid line 11 permit issued pursuant to paragraph (4) of subdivision (a), may line 12 only operate a government-owned motor vehicle, other than a line 13 motorcycle, motorized scooter, or a moped, when taking driver line 14 training instruction administered by the California National Guard. line 15 (f)  The department may also issue an instruction permit to a line 16 person who has been issued a valid driver’s license to authorize line 17 the person to obtain driver training instruction and to practice that line 18 instruction in order to obtain another class of driver’s license or line 19 an endorsement.
line 20 (g)  The department may further restrict permits issued under line 21 subdivision (a) as it may determine to be appropriate to ensure the line 22 safe operation of a motor vehicle by the permittee. line 23 SEC. 25.
line 24 SEC. 29. Section 12509.5 of the Vehicle Code is amended to line 25 read:
line 26 12509.5. (a)  A person shall obtain an instruction permit issued line 27 pursuant to this section before operating, or being issued a class line 28 M1 or M2 driver’s license to operate, a two-wheel motorcycle, line 29 motor-driven cycle, moped, or bicycle with an attached motor. line 30 The person shall meet the following requirements to obtain an line 31 instruction permit for purposes of this section:
line 32 (1)  If age 15 years and 6 months or older, but under the age of line 33 18 years, the applicant shall meet all of the following requirements:
line 34 (A)  Have a valid class C license or complete driver education line 35 and training pursuant to paragraph (3) of subdivision (a) of Section line 36 12814.6.
line 37 (B)  Successfully complete a motorcyclist safety program that line 38 is operated pursuant to Article 2 (commencing with Section 2930) line 39 of Chapter 5 of Division 2.
line 40 (C)  Pass the motorcycle driver’s written exam. 94 SB 1167 — 24 —
line 1 (2)  If 18 years of age or older, but under 21 years of age, the line 2 applicant shall meet both of the following requirements:
line 3 (A)  Successfully complete a motorcyclist safety program that line 4 is operated pursuant to Article 2 (commencing with Section 2930) line 5 of Chapter 5 of Division 2.
line 6 (B)  Pass the motorcycle driver’s written exam.
line 7 (3)  If 21 years of age or older, pass the motorcycle driver’s line 8 written exam.
line 9 (b)  A person described in paragraph (1) or (2) of subdivision line 10 (a) shall hold an instruction permit issued pursuant to this section line 11 for a minimum of six months before being issued a class M1 or line 12 M2 license.
line 13 (c)  A person issued an instruction permit pursuant to this section line 14 shall not operate a two-wheel motorcycle, motor-driven cycle, line 15 moped, or bicycle with an attached motor during the hours of line 16 darkness, shall stay off any freeways that have full control of access line 17 and have no crossings at grade, and shall not carry any passenger line 18 except an instructor licensed under Chapter 1 (commencing with line 19 Section 11100) of Division 5 or a qualified instructor as defined line 20 in Section 41907 of the Education Code.
line 21 (d)  An instruction permit issued pursuant to this section shall line 22 be valid for a period not exceeding 24 months from the date of line 23 application.
line 24 (e)  The department may perform, during regularly scheduled line 25 computer system maintenance and upgrades, any necessary line 26 software updates related to the changes made by the addition, line 27 during the 2009–10 Regular Session, of this section. line 28 SEC. 26.
line 29 SEC. 30. Section 12804.9 of the Vehicle Code, as amended by line 30 Section 3 of Chapter 16 of the Statutes of 2025, is amended to line 31 read:
line 32 12804.9. (a)  (1)  The examination shall include all of the line 33 following:
line 34 (A)  A test of the applicant’s knowledge and understanding of line 35 the provisions of this code governing the operation of vehicles line 36 upon the highways.
line 37 (B)  A test of the applicant’s ability to read and understand line 38 simple English used in highway traffic and directional signs. 94 — 25 — SB 1167
line 1 (C)  A test of the applicant’s understanding of traffic signs and line 2 signals, including the bikeway signs, markers, and traffic control line 3 devices established by the Department of Transportation. line 4 (D)  An actual demonstration of the applicant’s ability to exercise line 5 ordinary and reasonable control in operating a motor vehicle by line 6 driving it under the supervision of an examining officer. The line 7 applicant shall submit to an examination appropriate to the type line 8 of motor vehicle or combination of vehicles the applicant desires line 9 a license to drive, except that the department may waive the driving line 10 test part of the examination for any applicant who submits a license line 11 issued by another state, territory, or possession of the United States, line 12 the District of Columbia, or the Commonwealth of Puerto Rico if line 13 the department verifies through any acknowledged national driver line 14 record data source that there are no stops, holds, or other line 15 impediments to its issuance. The examining officer may request line 16 to see evidence of financial responsibility for the vehicle before line 17 supervising the demonstration of the applicant’s ability to operate line 18 the vehicle. The examining officer may refuse to examine an line 19 applicant who is unable to provide proof of financial responsibility line 20 for the vehicle, unless proof of financial responsibility is not line 21 required by this code.
line 22 (E)  A test of the hearing and eyesight of the applicant, and of line 23 other matters that may be necessary to determine the mental and line 24 physical fitness of the applicant to operate a motor vehicle upon line 25 the highways, and whether any grounds exist for refusal of a license line 26 under this code.
line 27 (2)  (A)  Before a class A or class B driver’s license, or class C line 28 driver’s license with a commercial endorsement, may be issued line 29 or renewed, the applicant shall have in the applicant’s driver record line 30 a valid report of a medical examination of the applicant given not line 31 more than two years before the date of the application by a health line 32 care professional. As used in this paragraph, “health care line 33 professional” means a person who is licensed, certified, or line 34 registered in accordance with applicable state laws and regulations line 35 to practice medicine and perform physical examinations in the line 36 United States. Health care professionals are doctors of medicine, line 37 doctors of osteopathy, physician assistants, and registered advanced line 38 practice nurses, or doctors of chiropractic who are clinically line 39 competent to perform the medical examination presently required line 40 of motor carrier drivers by the United States Department of 94 SB 1167 — 26 —
line 1 Transportation. The report shall be on a form approved by the line 2 department. In establishing the requirements, consideration may line 3 be given to the standards presently required of motor carrier drivers line 4 by the Federal Motor Carrier Safety Administration. line 5 (B)  The department may accept a federal waiver of one or more line 6 physical qualification standards if the waiver is accompanied by line 7 a report of a nonqualifying medical examination for a class A or line 8 class B driver’s license, or class C driver’s license with a line 9 commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of line 10 Subpart E of Part 391 of Title 49 of the Code of Federal line 11 Regulations.
line 12 (3)  A physical defect of the applicant that, in the opinion of the line 13 department, is compensated for to ensure safe driving ability, shall line 14 not prevent the issuance of a license to the applicant. line 15 (b)  In accordance with the following classifications, an applicant line 16 for a driver’s license shall be required to submit to an examination line 17 appropriate to the type of motor vehicle or combination of vehicles line 18 the applicant desires a license to drive:
line 19 (1)  Class A includes the following:
line 20 (A)  Except as provided in subparagraph (H) of paragraph (3), line 21 a combination of vehicles, if a vehicle being towed has a gross line 22 vehicle weight rating or gross vehicle weight of more than 10,000 line 23 pounds.
line 24 (B)  A vehicle towing more than one vehicle.
line 25 (C)  A trailer bus.
line 26 (D)  The operation of all vehicles under class B and class C. line 27 (2)  Class B includes the following:
line 28 (A)  Except as provided in subparagraph (H) of paragraph (3), line 29 a single vehicle with a gross vehicle weight rating or gross vehicle line 30 weight of more than 26,000 pounds.
line 31 (B)  A single vehicle with three or more axles, except any line 32 three-axle vehicle weighing less than 6,000 pounds. line 33 (C)  A bus with a gross vehicle weight rating or gross vehicle line 34 weight of more than 26,000 pounds, except a trailer bus. line 35 (D)  A farm labor vehicle.
line 36 (E)  A single vehicle with three or more axles or a gross vehicle line 37 weight rating or gross vehicle weight of more than 26,000 pounds line 38 towing another vehicle with a gross vehicle weight rating or gross line 39 vehicle weight of 10,000 pounds or less.
94 — 27 — SB 1167
line 1 (F)  A house car over 40 feet in length, excluding safety devices line 2 and safety bumpers.
line 3 (G)  The operation of all vehicles covered under class C. line 4 (3)  Class C includes the following:
line 5 (A)  A two-axle vehicle with a gross vehicle weight rating or line 6 gross vehicle weight of 26,000 pounds or less, including when the line 7 vehicle is towing a trailer or semitrailer with a gross vehicle weight line 8 rating or gross vehicle weight of 10,000 pounds or less. line 9 (B)  Notwithstanding subparagraph (A), a two-axle vehicle line 10 weighing 4,000 pounds or more unladen when towing a trailer line 11 coach not exceeding 9,000 pounds gross.
line 12 (C)  A house car of 40 feet in length or less.
line 13 (D)  A three-axle vehicle weighing 6,000 pounds gross or less. line 14 (E)  A house car of 40 feet in length or less or a vehicle towing line 15 another vehicle with a gross vehicle weight rating of 10,000 pounds line 16 or less, including when a tow dolly is used. A person driving a line 17 vehicle may not tow another vehicle in violation of Section 21715. line 18 (F)  (i)  A two-axle vehicle weighing 4,000 pounds or more line 19 unladen when towing either a trailer coach or a fifth-wheel travel line 20 trailer not exceeding 10,000 pounds gross vehicle weight rating, line 21 when the towing of the trailer is not for compensation. line 22 (ii)  A two-axle vehicle weighing 4,000 pounds or more unladen line 23 when towing a fifth-wheel travel trailer exceeding 10,000 pounds, line 24 but not exceeding 15,000 pounds, gross vehicle weight rating, line 25 when the towing of the trailer is not for compensation, and if the line 26 person has passed a specialized written examination provided by line 27 the department relating to the knowledge of this code and other line 28 safety aspects governing the towing of recreational vehicles upon line 29 the highway.
line 30 (iii)  The authority to operate combinations of vehicles under line 31 this subparagraph may be granted by endorsement on a class C line 32 license upon completion of that written examination. line 33 (G)  A vehicle or combination of vehicles with a gross line 34 combination weight rating or a gross vehicle weight rating, as line 35 those terms are defined in subdivisions (j) and (k), respectively, line 36 of Section 15210, of 26,000 pounds or less, if all of the following line 37 conditions are met:
line 38 (i)  Is operated by a farmer, an employee of a farmer, or an line 39 instructor credentialed in agriculture as part of an instructional 94 SB 1167 — 28 —
line 1 program in agriculture at the high school, community college, or line 2 university level.
line 3 (ii)  Is used exclusively in the conduct of agricultural operations. line 4 (iii)  Is not used in the capacity of a for-hire carrier or for line 5 compensation.
line 6 (H)  Firefighting equipment, provided that the equipment is line 7 operated by a person who holds a firefighter endorsement pursuant line 8 to Section 12804.11.
line 9 (I)  A motorized scooter.
line 10 (J)  A bus with a gross vehicle weight rating or gross vehicle line 11 weight of 26,000 pounds or less, except a trailer bus. line 12 (K)  Class C does not include a two-wheel motorcycle or a line 13 two-wheel motor-driven cycle.
line 14 (4)  Class M1. A two-wheel motorcycle or a motor-driven cycle. line 15 Authority to operate a vehicle included in a class M1 license may line 16 be granted by endorsement on a class A, B, or C license upon line 17 completion of an appropriate examination.
line 18 (5)  (A)  Class M2 includes a moped or a bicycle with an attached line 19 motor, except an electric bicycle as described in subdivision (a) line 20 of Section 312.5.
line 21 (B)  Authority to operate vehicles included in class M2 may be line 22 granted by endorsement on a class A, B, or C license upon line 23 completion of an appropriate examination. Persons holding a class line 24 M1 license or endorsement may operate vehicles included in class line 25 M2 without further examination.
line 26 (c)  A driver’s license or driver certificate is not valid for line 27 operating a commercial motor vehicle, as defined in subdivision line 28 (b) of Section 15210, any other motor vehicle listed in paragraph line 29 (1) or (2) of subdivision (b), or any other vehicle requiring a driver line 30 to hold any driver certificate or any driver’s license endorsement line 31 under Section 15275, unless a medical certificate approved by the line 32 department that has been issued within two years of the date of line 33 the operation of that vehicle and a copy of the medical examination line 34 report from which the certificate was issued is on file with the line 35 department. Otherwise, the license is valid only for operating class line 36 C vehicles that are not commercial vehicles, as defined in line 37 subdivision (b) of Section 15210, and for operating class M1 or line 38 M2 vehicles, if so endorsed, that are not commercial vehicles, as line 39 defined in subdivision (b) of Section 15210.
94 — 29 — SB 1167
line 1 (d)  A license or driver certificate issued before the enactment line 2 of Chapter 7 (commencing with Section 15200) is valid to operate line 3 the class or type of vehicles specified under the law in existence line 4 before that enactment until the license or certificate expires or is line 5 otherwise suspended, revoked, or canceled. Upon application for line 6 renewal or replacement of a driver’s license, endorsement, or line 7 certificate required to operate a commercial motor vehicle, a valid line 8 medical certificate on a form approved by the department shall be line 9 submitted to the department.
line 10 (e)  The department may accept a certificate of driving skill that line 11 is issued by an employer, authorized by the department to issue a line 12 certificate under Section 15250, of the applicant, in lieu of a driving line 13 test, on class A or B applications, if the applicant has first qualified line 14 for a class C license and has met the other examination line 15 requirements for the license for which the applicant is applying. line 16 The certificate may be submitted as evidence of the applicant’s line 17 skill in the operation of the types of equipment covered by the line 18 license for which the applicant is applying.
line 19 (f)  The department may accept a certificate of competence in line 20 lieu of a driving test on class M1 or M2 applications, when the line 21 certificate is issued by a law enforcement agency for its officers line 22 who operate class M1 or M2 vehicles in their duties, if the applicant line 23 has met the other examination requirements for the license for line 24 which the applicant is applying.
line 25 (g)  The department may accept a certificate of satisfactory line 26 completion of a motorcyclist training program approved by the line 27 commissioner pursuant to Section 2932 in lieu of a driving test on line 28 class M1 or M2 applications, if the applicant has met the other line 29 examination requirements for the license for which the applicant line 30 is applying. The department shall review and approve the written line 31 and driving test used by a program to determine whether the line 32 program may issue a certificate of completion.
line 33 (h)  Notwithstanding subdivision (b), a person holding a valid line 34 California driver’s license of any class may operate a short-term line 35 rental moped without taking any special examination for the line 36 operation of a moped, and without having a class M2 endorsement line 37 on that license. As used in this subdivision, “short-term” means line 38 48 hours or less.
line 39 (i)  A person under 21 years of age shall not be issued a class line 40 M1 or M2 license or endorsement unless the person provides 94 SB 1167 — 30 —
line 1 evidence satisfactory to the department of completion of a novice line 2 motorcycle safety training program that is operated pursuant to line 3 Article 2 (commencing with Section 2930) of Chapter 5 of Division line 4 2.
line 5 (j)  A driver of a vanpool vehicle may operate with a class C line 6 license but shall possess evidence of a medical examination line 7 required for a class B license when operating vanpool vehicles. In line 8 order to be eligible to drive the vanpool vehicle, the driver shall line 9 keep in the vanpool vehicle a statement, signed under penalty of line 10 perjury, that the driver has not been convicted of reckless driving, line 11 drunk driving, or a hit-and-run offense in the last five years. line 12 (k)  This section shall remain in effect only until January 1, 2029, line 13 and as of that date is repealed.
line 14 SEC. 27.
line 15 SEC. 31. Section 12804.9 of the Vehicle Code, as amended by line 16 Section 4 of Chapter 16 of the Statutes of 2025, is amended to line 17 read:
line 18 12804.9. (a)  (1)  The examination shall include all of the line 19 following:
line 20 (A)  A test of the applicant’s knowledge and understanding of line 21 the provisions of this code governing the operation of vehicles line 22 upon the highways.
line 23 (B)  A test of the applicant’s ability to read and understand line 24 simple English used in highway traffic and directional signs. line 25 (C)  A test of the applicant’s understanding of traffic signs and line 26 signals, including the bikeway signs, markers, and traffic control line 27 devices established by the Department of Transportation. line 28 (D)  An actual demonstration of the applicant’s ability to exercise line 29 ordinary and reasonable control in operating a motor vehicle by line 30 driving it under the supervision of an examining officer. The line 31 applicant shall submit to an examination appropriate to the type line 32 of motor vehicle or combination of vehicles the applicant desires line 33 a license to drive, except that the department may waive the driving line 34 test part of the examination for any applicant who submits a license line 35 issued by another state, territory, or possession of the United States, line 36 the District of Columbia, or the Commonwealth of Puerto Rico if line 37 the department verifies through any acknowledged national driver line 38 record data source that there are no stops, holds, or other line 39 impediments to its issuance. The examining officer may request line 40 to see evidence of financial responsibility for the vehicle before 94 — 31 — SB 1167
line 1 supervising the demonstration of the applicant’s ability to operate line 2 the vehicle. The examining officer may refuse to examine an line 3 applicant who is unable to provide proof of financial responsibility line 4 for the vehicle, unless proof of financial responsibility is not line 5 required by this code.
line 6 (E)  A test of the hearing and eyesight of the applicant, and of line 7 other matters that may be necessary to determine the mental and line 8 physical fitness of the applicant to operate a motor vehicle upon line 9 the highways, and whether any grounds exist for refusal of a license line 10 under this code.
line 11 (2)  (A)  Before a class A or class B driver’s license, or class C line 12 driver’s license with a commercial endorsement, may be issued line 13 or renewed, the applicant shall have in the applicant’s driver record line 14 a valid report of a medical examination of the applicant given not line 15 more than two years before the date of the application by a health line 16 care professional. As used in this paragraph, “health care line 17 professional” means a person who is licensed, certified, or line 18 registered in accordance with applicable state laws and regulations line 19 to practice medicine and perform physical examinations in the line 20 United States. Health care professionals are doctors of medicine, line 21 doctors of osteopathy, physician assistants, and registered advanced line 22 practice nurses, or doctors of chiropractic who are clinically line 23 competent to perform the medical examination presently required line 24 of motor carrier drivers by the United States Department of line 25 Transportation. The report shall be on a form approved by the line 26 department. In establishing the requirements, consideration may line 27 be given to the standards presently required of motor carrier drivers line 28 by the Federal Motor Carrier Safety Administration. line 29 (B)  The department may accept a federal waiver of one or more line 30 physical qualification standards if the waiver is accompanied by line 31 a report of a nonqualifying medical examination for a class A or line 32 class B driver’s license, or class C driver’s license with a line 33 commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of line 34 Subpart E of Part 391 of Title 49 of the Code of Federal line 35 Regulations.
line 36 (3)  A physical defect of the applicant that, in the opinion of the line 37 department, is compensated for to ensure safe driving ability, shall line 38 not prevent the issuance of a license to the applicant. line 39 (b)  In accordance with the following classifications, an applicant line 40 for a driver’s license shall be required to submit to an examination 94 SB 1167 — 32 —
line 1 appropriate to the type of motor vehicle or combination of vehicles line 2 the applicant desires a license to drive:
line 3 (1)  Class A includes the following:
line 4 (A)  Except as provided in subparagraph (H) of paragraph (3), line 5 a combination of vehicles, if a vehicle being towed has a gross line 6 vehicle weight rating or gross vehicle weight of more than 10,000 line 7 pounds.
line 8 (B)  A vehicle towing more than one vehicle.
line 9 (C)  A trailer bus.
line 10 (D)  The operation of all vehicles under class B and class C. line 11 (2)  Class B includes the following:
line 12 (A)  Except as provided in subparagraph (H) of paragraph (3), line 13 a single vehicle with a gross vehicle weight rating or gross vehicle line 14 weight of more than 26,000 pounds.
line 15 (B)  A single vehicle with three or more axles, except any line 16 three-axle vehicle weighing less than 6,000 pounds. line 17 (C)  A bus with a gross vehicle weight rating or gross vehicle line 18 weight of more than 26,000 pounds, except a trailer bus. line 19 (D)  A farm labor vehicle.
line 20 (E)  A single vehicle with three or more axles or a gross vehicle line 21 weight rating or gross vehicle weight of more than 26,000 pounds line 22 towing another vehicle with a gross vehicle weight rating or gross line 23 vehicle weight of 10,000 pounds or less.
line 24 (F)  A house car over 40 feet in length, excluding safety devices line 25 and safety bumpers.
line 26 (G)  The operation of all vehicles covered under class C. line 27 (3)  Class C includes the following:
line 28 (A)  A two-axle vehicle with a gross vehicle weight rating or line 29 gross vehicle weight of 26,000 pounds or less, including when the line 30 vehicle is towing a trailer or semitrailer with a gross vehicle weight line 31 rating or gross vehicle weight of 10,000 pounds or less. line 32 (B)  Notwithstanding subparagraph (A), a two-axle vehicle line 33 weighing 4,000 pounds or more unladen when towing a trailer line 34 coach not exceeding 9,000 pounds gross.
line 35 (C)  A house car of 40 feet in length or less.
line 36 (D)  A three-axle vehicle weighing 6,000 pounds gross or less. line 37 (E)  A house car of 40 feet in length or less or a vehicle towing line 38 another vehicle with a gross vehicle weight rating of 10,000 pounds line 39 or less, including when a tow dolly is used. A person driving a line 40 vehicle may not tow another vehicle in violation of Section 21715. 94 — 33 — SB 1167
line 1 (F)  (i)  A two-axle vehicle when towing a trailer exceeding line 2 10,000 pounds, but not exceeding 15,000 pounds gross vehicle line 3 weight rating or gross vehicle weight, if all of the following line 4 conditions are met:
line 5 (I)  The towing of the trailer is not for compensation or line 6 commercial purposes.
line 7 (II)  The trailer is coupled to the towing vehicle by a line 8 bed-mounted gooseneck hitch or a fifth-wheel and kingpin line 9 connection.
line 10 (III)  The trailer is used exclusively for recreational purposes. line 11 (IV)  The trailer is used for the transportation of property or line 12 human habitation, or both.
line 13 (V)  The person has passed a specialized written examination line 14 provided by the department relating to the knowledge of this code line 15 and other safety aspects governing the towing of recreational line 16 vehicles upon the highway.
line 17 (ii)  A vehicle towing a fifth-wheel travel trailer exceeding line 18 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle line 19 weight rating or gross vehicle weight, when the towing of the line 20 trailer is not for compensation, and if the person has passed a line 21 specialized written examination provided by the department line 22 relating to the knowledge of this code and other safety aspects line 23 governing the towing of recreational vehicles upon the highway. line 24 (iii)  The authority to operate combinations of vehicles under line 25 this subparagraph may be granted by endorsement on a class C line 26 license upon completion of that written examination. line 27 (G)  A vehicle or combination of vehicles with a gross line 28 combination weight rating or a gross vehicle weight rating, as line 29 those terms are defined in subdivisions (j) and (k), respectively, line 30 of Section 15210, of 26,000 pounds or less, if all of the following line 31 conditions are met:
line 32 (i)  Is operated by a farmer, an employee of a farmer, or an line 33 instructor credentialed in agriculture as part of an instructional line 34 program in agriculture at the high school, community college, or line 35 university level.
line 36 (ii)  Is used exclusively in the conduct of agricultural operations. line 37 (iii)  Is not used in the capacity of a for-hire carrier or for line 38 compensation.
94 SB 1167 — 34 —
line 1 (H)  Firefighting equipment, provided that the equipment is line 2 operated by a person who holds a firefighter endorsement pursuant line 3 to Section 12804.11.
line 4 (I)  A motorized scooter.
line 5 (J)  A bus with a gross vehicle weight rating or gross vehicle line 6 weight of 26,000 pounds or less, except a trailer bus. line 7 (K)  Class C does not include a two-wheel motorcycle or a line 8 two-wheel motor-driven cycle.
line 9 (4)  Class M1. A two-wheel motorcycle or a motor-driven cycle. line 10 Authority to operate a vehicle included in a class M1 license may line 11 be granted by endorsement on a class A, B, or C license upon line 12 completion of an appropriate examination.
line 13 (5)  (A)  Class M2 includes a moped or a bicycle with an attached line 14 motor, except an electric bicycle as described in subdivision (a) line 15 of Section 312.5.
line 16 (B)  Authority to operate vehicles included in class M2 may be line 17 granted by endorsement on a class A, B, or C license upon line 18 completion of an appropriate examination. Persons holding a class line 19 M1 license or endorsement may operate vehicles included in class line 20 M2 without further examination.
line 21 (c)  A driver’s license or driver certificate is not valid for line 22 operating a commercial motor vehicle, as defined in subdivision line 23 (b) of Section 15210, any other motor vehicle listed in paragraph line 24 (1) or (2) of subdivision (b), or any other vehicle requiring a driver line 25 to hold any driver certificate or any driver’s license endorsement line 26 under Section 15275, unless a medical certificate approved by the line 27 department that has been issued within two years of the date of line 28 the operation of that vehicle and a copy of the medical examination line 29 report from which the certificate was issued is on file with the line 30 department. Otherwise, the license is valid only for operating class line 31 C vehicles that are not commercial vehicles, as defined in line 32 subdivision (b) of Section 15210, and for operating class M1 or line 33 M2 vehicles, if so endorsed, that are not commercial vehicles, as line 34 defined in subdivision (b) of Section 15210.
line 35 (d)  A license or driver certificate issued before the enactment line 36 of Chapter 7 (commencing with Section 15200) is valid to operate line 37 the class or type of vehicles specified under the law in existence line 38 before that enactment until the license or certificate expires or is line 39 otherwise suspended, revoked, or canceled. Upon application for line 40 renewal or replacement of a driver’s license, endorsement, or 94 — 35 — SB 1167
line 1 certificate required to operate a commercial motor vehicle, a valid line 2 medical certificate on a form approved by the department shall be line 3 submitted to the department.
line 4 (e)  The department may accept a certificate of driving skill that line 5 is issued by an employer, authorized by the department to issue a line 6 certificate under Section 15250, of the applicant, in lieu of a driving line 7 test, on class A or B applications, if the applicant has first qualified line 8 for a class C license and has met the other examination line 9 requirements for the license for which the applicant is applying. line 10 The certificate may be submitted as evidence of the applicant’s line 11 skill in the operation of the types of equipment covered by the line 12 license for which the applicant is applying.
line 13 (f)  The department may accept a certificate of competence in line 14 lieu of a driving test on class M1 or M2 applications, when the line 15 certificate is issued by a law enforcement agency for its officers line 16 who operate class M1 or M2 vehicles in their duties, if the applicant line 17 has met the other examination requirements for the license for line 18 which the applicant is applying.
line 19 (g)  The department may accept a certificate of satisfactory line 20 completion of a motorcyclist training program approved by the line 21 commissioner pursuant to Section 2932 in lieu of a driving test on line 22 class M1 or M2 applications, if the applicant has met the other line 23 examination requirements for the license for which the applicant line 24 is applying. The department shall review and approve the written line 25 and driving test used by a program to determine whether the line 26 program may issue a certificate of completion.
line 27 (h)  Notwithstanding subdivision (b), a person holding a valid line 28 California driver’s license of any class may operate a short-term line 29 rental moped without taking any special examination for the line 30 operation of a moped, and without having a class M2 endorsement line 31 on that license. As used in this subdivision, “short-term” means line 32 48 hours or less.
line 33 (i)  A person under 21 years of age shall not be issued a class line 34 M1 or M2 license or endorsement unless the person provides line 35 evidence satisfactory to the department of completion of a novice line 36 motorcycle safety training program that is operated pursuant to line 37 Article 2 (commencing with Section 2930) of Chapter 5 of Division line 38 2.
line 39 (j)  A driver of a vanpool vehicle may operate with a class C line 40 license but shall possess evidence of a medical examination 94 SB 1167 — 36 —
line 1 required for a class B license when operating vanpool vehicles. In line 2 order to be eligible to drive the vanpool vehicle, the driver shall line 3 keep in the vanpool vehicle a statement, signed under penalty of line 4 perjury, that the driver has not been convicted of reckless driving, line 5 drunk driving, or a hit-and-run offense in the last five years. line 6 (k)  This section shall become operative on January 1, 2029. line 7 SEC. 28.
line 8 SEC. 32. Section 12814.6 of the Vehicle Code is amended to line 9 read:
line 10 12814.6. (a)  Except as provided in Section 12814.7, a driver’s line 11 license issued to a person at least 16 years of age but under 18 line 12 years of age shall be issued pursuant to the provisional licensing line 13 program contained in this section. The program shall consist of line 14 all of the following components:
line 15 (1)  Upon application for an original license, the applicant shall line 16 be issued an instruction permit pursuant to Section 12509. A person line 17 who has in their immediate possession a valid permit issued line 18 pursuant to Section 12509 may operate a motor vehicle, other than line 19 a motorcycle or moped, only when the person is either taking the line 20 driver training instruction referred to in paragraph (3) or practicing line 21 that instruction, provided the person is accompanied by, and is line 22 under the immediate supervision of, a California-licensed driver line 23 25 years of age or older whose driving privilege is not on probation. line 24 The age requirement of this paragraph does not apply if the licensed line 25 driver is the parent, spouse, or guardian of the permitholder or is line 26 a licensed or certified driving instructor.
line 27 (2)  The person shall hold an instruction permit for not less than line 28 six months prior to applying for a provisional driver’s license. line 29 (3)  The person shall have complied with one of the following:
line 30 (A)  Satisfactory completion of approved courses in automobile line 31 driver education and driver training maintained pursuant to line 32 provisions of the Education Code in any secondary school of line 33 California, or equivalent instruction in a secondary school of line 34 another state.
line 35 (B)  Satisfactory completion of an integrated driver education line 36 and training program that is approved by the department and line 37 conducted by a driving instructor licensed under Chapter 1 line 38 (commencing with Section 11100) of Division 5. The program line 39 shall utilize segmented modules, whereby a portion of the line 40 educational instruction is provided by, and then reinforced through, 94 — 37 — SB 1167
line 1 specific behind-the-wheel training before moving to the next phase line 2 of driver education and training. The program shall contain a line 3 minimum of 30 hours of classroom instruction and 6 hours of line 4 behind-the-wheel training.
line 5 (C)  Satisfactory completion of six hours or more of line 6 behind-the-wheel instruction by a driving school or an independent line 7 driving instructor licensed under Chapter 1 (commencing with line 8 Section 11100) of Division 5 and either an accredited course in line 9 automobile driver education in any secondary school of California line 10 pursuant to provisions of the Education Code or satisfactory line 11 completion of equivalent professional instruction acceptable to line 12 the department. To be acceptable to the department, the line 13 professional instruction shall meet minimum standards to be line 14 prescribed by the department, and the standards shall be at least line 15 equal to the requirements for driver education and driver training line 16 contained in the rules and regulations adopted by the State Board line 17 of Education pursuant to the Education Code. A person who has line 18 complied with this subdivision shall not be required by the line 19 governing board of a school district to comply with subparagraph line 20 (A) in order to graduate from high school.
line 21 (D)  Except as provided under subparagraph (B), a student may line 22 not take driver training instruction, unless the student has line 23 successfully completed driver education.
line 24 (4)  The person shall complete 50 hours of supervised driving line 25 practice prior to the issuance of a provisional license, which is in line 26 addition to any other driver training instruction required by law. line 27 Not less than 10 of the required practice hours shall include driving line 28 during darkness, as defined in Section 280. Upon application for line 29 a provisional license, the person shall submit to the department line 30 the certification of a parent, spouse, guardian, or licensed or line 31 certified driving instructor that the applicant has completed the line 32 required amount of driving practice and is prepared to take the line 33 department’s driving test. A person without a parent, spouse, line 34 guardian, or who is an emancipated minor, may have a licensed line 35 driver 25 years of age or older or a licensed or certified driving line 36 instructor complete the certification. This requirement does not line 37 apply to motorcycle practice.
line 38 (5)  The person shall successfully complete an examination line 39 required by the department. Before retaking a test, the person shall 94 SB 1167 — 38 —
line 1 wait for not less than one week after failure of the written test and line 2 for not less than two weeks after failure of the driving test. line 3 (b)  Except as provided in Section 12814.7, the provisional line 4 driver’s license shall be subject to all of the following restrictions:
line 5 (1)  Except as specified in paragraph (2), during the first 12 line 6 months after issuance of a provisional license the licensee may line 7 not do any of the following unless accompanied and supervised line 8 by a licensed driver who is the licensee’s parent or guardian, a line 9 licensed driver who is 25 years of age or older, or a licensed or line 10 certified driving instructor:
line 11 (A)  Drive between the hours of 11 p.m. and 5 a.m. line 12 (B)  Transport passengers who are under 20 years of age. line 13 (2)  A licensee may drive between the hours of 11 p.m. and 5 line 14 a.m. or transport an immediate family member without being line 15 accompanied and supervised by a licensed driver who is the line 16 licensee’s parent or guardian, a licensed driver who is 25 years of line 17 age or older, or a licensed or certified driving instructor, in the line 18 following circumstances:
line 19 (A)  Medical necessity of the licensee when reasonable line 20 transportation facilities are inadequate and operation of a vehicle line 21 by a minor is necessary. The licensee shall keep in their possession line 22 a signed statement from a physician familiar with the condition, line 23 containing a diagnosis and probable date when sufficient recovery line 24 will have been made to terminate the necessity. line 25 (B)  Schooling or school-authorized activities of the licensee line 26 when reasonable transportation facilities are inadequate and line 27 operation of a vehicle by a minor is necessary. The licensee shall line 28 keep in their possession a signed statement from the school line 29 principal, dean, or school staff member designated by the principal line 30 or dean, containing a probable date that the schooling or line 31 school-authorized activity will have been completed. line 32 (C)  Employment necessity of the licensee when reasonable line 33 transportation facilities are inadequate and operation of a vehicle line 34 by a minor is necessary. The licensee shall keep in their possession line 35 a signed statement from the employer, verifying employment and line 36 containing a probable date that the employment will have been line 37 completed.
line 38 (D)  Necessity of the licensee or the licensee’s immediate family line 39 member when reasonable transportation facilities are inadequate line 40 and operation of a vehicle by a minor is necessary to transport the 94 — 39 — SB 1167
line 1 licensee or the licensee’s immediate family member. The licensee line 2 shall keep in their possession a signed statement from a parent or line 3 legal guardian verifying the reason and containing a probable date line 4 that the necessity will have ceased.
line 5 (E)  The licensee is an emancipated minor.
line 6 (c)  A law enforcement officer shall not stop a vehicle for the line 7 sole purpose of determining whether the driver is in violation of line 8 the restrictions imposed under subdivision (b).
line 9 (d)  A law enforcement officer shall not stop a vehicle for the line 10 sole purpose of determining whether a driver who is subject to the line 11 license restrictions in subdivision (b) is in violation of Article 2.5 line 12 (commencing with Section 118947) of Chapter 4 of Part 15 of line 13 Division 104 of the Health and Safety Code.
line 14 (e)  (1)  Upon a finding that any licensee has violated paragraph line 15 (1) of subdivision (b), the court shall impose one of the following:
line 16 (A)  Not less than 8 hours nor more than 16 hours of community line 17 service for a first offense and not less than 16 hours nor more than line 18 24 hours of community service for a second or subsequent offense. line 19 (B)  A fine of not more than thirty-five dollars ($35) for a first line 20 offense and a fine of not more than fifty dollars ($50) for a second line 21 or subsequent offense.
line 22 (2)  If the court orders community service, the court shall retain line 23 jurisdiction until the hours of community service have been line 24 completed.
line 25 (3)  If the hours of community service have not been completed line 26 within 90 days, the court shall impose a fine of not more than line 27 thirty-five dollars ($35) for a first offense and not more than fifty line 28 dollars ($50) for a second or subsequent offense. line 29 (f)  A conviction of paragraph (1) of subdivision (b), when line 30 reported to the department, may not be disclosed as otherwise line 31 specified in Section 1808 or constitute a violation point count value line 32 pursuant to Section 12810.
line 33 (g)  Any term of restriction or suspension of the driving privilege line 34 imposed on a person pursuant to this subdivision shall remain in line 35 effect until the end of the term even though the person becomes line 36 18 years of age before the term ends.
line 37 (1)  The driving privilege shall be suspended when the record line 38 of the person shows one or more notifications issued pursuant to line 39 former Section 40509 or former Section 40509.5. The suspension 94 SB 1167 — 40 —
line 1 shall continue until any notification issued pursuant to former line 2 Section 40509 or former Section 40509.5 has been cleared. line 3 (2)  A 30-day restriction shall be imposed when a driver’s record line 4 shows a violation point count of two or more points in 12 months, line 5 as determined in accordance with Section 12810. The restriction line 6 shall require the licensee to be accompanied by a licensed parent, line 7 spouse, guardian, or other licensed driver 25 years of age or older, line 8 except when operating a class M vehicle, or so licensed, with no line 9 passengers aboard.
line 10 (3)  A 6-month suspension of the driving privilege and a one-year line 11 term of probation shall be imposed whenever a licensee’s record line 12 shows a violation point count of three or more points in 12 months, line 13 as determined in accordance with Section 12810. The terms and line 14 conditions of probation shall include, but not be limited to, both line 15 of the following:
line 16 (A)  The person shall violate no law that, if resulting in line 17 conviction, is reportable to the department under Section 1803. line 18 (B)  The person shall remain free from accident responsibility. line 19 (h)  Whenever action by the department under subdivision (g) line 20 arises as a result of a motor vehicle accident, the person may, in line 21 writing and within 10 days, demand a hearing to present evidence line 22 that they were not responsible for the accident upon which the line 23 action is based. Whenever action by the department is based upon line 24 a conviction reportable to the department under Section 1803, the line 25 person has no right to a hearing pursuant to Article 3 (commencing line 26 with Section 14100) of Chapter 3.
line 27 (i)  The department shall require a person whose driving privilege line 28 is suspended or revoked pursuant to subdivision (g) to submit proof line 29 of financial responsibility as defined in Section 16430. The proof line 30 of financial responsibility shall be filed on or before the date of line 31 reinstatement following the suspension or revocation. The proof line 32 of financial responsibility shall be maintained with the department line 33 for three years following the date of reinstatement. line 34 (j)  (1)  Notwithstanding any other provision of this code, the line 35 department may issue a distinctive driver’s license, that displays line 36 a distinctive color or a distinctively colored stripe or other line 37 distinguishing characteristic, to persons at least 16 years of age line 38 and older but under 18 years of age, and to persons 18 years of line 39 age and older but under 21 years of age, so that the distinctive line 40 license feature is immediately recognizable. The features shall 94 — 41 — SB 1167
line 1 clearly differentiate between driver’s licenses issued to persons at line 2 least 16 years of age or older but under 18 years of age and to line 3 persons 18 years of age or older but under 21 years of age. line 4 (2)  If changes in the format or appearance of driver’s licenses line 5 are adopted pursuant to this subdivision, those changes may be line 6 implemented under any new contract for the production of driver’s line 7 licenses entered into after the adoption of those changes. line 8 (k)  The department shall include, on the face of the provisional line 9 driver’s license, the original issuance date of the provisional line 10 driver’s license in addition to any other issuance date. line 11 (l)  This section shall be known and may be cited as the line 12 Brady-Jared Teen Driver Safety Act of 1997.
line 13 SEC. 29.
line 14 SEC. 33. Section 21065 is added to the Vehicle Code, to read:
line 15 21065. Any incident report filed by a peace officer for an injury line 16 or crash involving an electric bicycle, moped, or motor-driven line 17 cycle shall include all of the information provided in subdivision line 18 (a) or (b) of Section 27850. If the electric bicycle, moped, or line 19 motor-driven cycle does not have the marking or label, the incident line 20 report shall indicate that a marking or label was not available. line 21 SEC. 30.
line 22 SEC. 34. Section 21113 of the Vehicle Code is amended to line 23 read:
line 24 21113. (a)  (1)  Except as provided in paragraph (2), a person line 25 shall not drive a vehicle or animal, or stop, park, or leave standing line 26 a vehicle or animal, whether attended or unattended, upon the line 27 driveways, paths, parking facilities, or the grounds of any of the line 28 following:
line 29 (A)  A public school, state university, state college, or an line 30 educational institution exempted, in whole or in part, from taxation. line 31 (B)  A unit of the state park system.
line 32 (C)  A county park.
line 33 (D)  A municipal airport.
line 34 (E)  A rapid transit district, transit development board, transit line 35 district, public transportation agency, county transportation line 36 commission created pursuant to Section 130050 of the Public line 37 Utilities Code, or a joint powers agency operating or managing a line 38 commuter rail system.
line 39 (F)  Any property under the direct control of the legislative body line 40 of a municipality.
94 SB 1167 — 42 —
line 1 (G)  A state, county, or hospital district institution or building. line 2 (H)  Any harbor improvement district or harbor district formed line 3 pursuant to Part 2 (commencing with Section 5800) or Part 3 line 4 (commencing with Section 6000) of Division 8 of the Harbors and line 5 Navigation Code.
line 6 (I)  A district organized pursuant to Part 3 (commencing with line 7 Section 27000) of Division 16 of the Streets and Highways Code. line 8 (J)  State grounds served by the Department of the California line 9 Highway Patrol.
line 10 (K)  Any property under the possession or control of a housing line 11 authority formed pursuant to Article 2 (commencing with Section line 12 34240) of Chapter 1 of Part 2 of Division 24 of the Health and line 13 Safety Code.
line 14 (2)  The activities described in paragraph (1) may be performed line 15 with the permission of, and upon and subject to any condition or line 16 regulation that may be imposed by, the legislative body of the line 17 municipality, or the governing board or officer of the public school, line 18 state university, state college, county park, municipal airport, rapid line 19 transit district, transit development board, transit district, public line 20 transportation agency, county transportation commission, joint line 21 powers agency operating or managing a commuter rail system, or line 22 state, county, or hospital district institution or building, or line 23 educational institution, or harbor district, or a district organized line 24 pursuant to Part 3 (commencing with Section 27000) of Division line 25 16 of the Streets and Highways Code, or housing authority, or the line 26 Director of Parks and Recreation regarding units of the state park line 27 system or the state agency with jurisdiction over the grounds served line 28 by the Department of the California Highway Patrol. line 29 (b)  A governing board, legislative body, or officer shall erect line 30 or place appropriate signs giving notice of any special conditions line 31 or regulations that are imposed under this section and the governing line 32 board, legislative body, or officer shall also prepare and keep line 33 available at the principal administrative office of the governing line 34 board, legislative body, or officer, for examination by all interested line 35 persons, a written statement of all those special conditions and line 36 regulations adopted pursuant to this section.
line 37 (c)  When a governing board, legislative body, or officer permits line 38 public traffic upon the driveways, paths, parking facilities, or line 39 grounds under their control then, except for those conditions line 40 imposed or regulations enacted by the governing board, legislative 94 — 43 — SB 1167
line 1 body, or officer applicable to the traffic, all the provisions of this line 2 code relating to traffic upon the highways shall be applicable to line 3 the traffic upon the driveways, paths, parking facilities, or grounds. line 4 (d)  A public transportation agency that imposes any condition line 5 or regulation upon a person who parks or leaves standing a vehicle, line 6 pursuant to subdivision (a), is authorized to do either of the line 7 following:
line 8 (1)  Enforce that condition or regulation in the manner provided line 9 in Article 3 (commencing with Section 40200) of Chapter 1 of line 10 Division 17 of this code. The public transportation agency shall line 11 be considered the issuing agency for that purpose. line 12 (2)  Designate regularly employed and salaried employees, who line 13 are engaged in directing traffic or enforcing parking laws and line 14 regulations, for the purpose of removing any vehicle in the same line 15 manner as a city, county, or jurisdiction of a state agency pursuant line 16 to Chapter 10 (commencing with Section 22650) of Division 11 line 17 of this code.
line 18 (e)  With respect to the permitted use of vehicles or animals on line 19 property under the direct control of the legislative body of a line 20 municipality, no change in the use of vehicles or animals on the line 21 property, that had been permitted on January 1, 1976, shall be line 22 effective unless and until the legislative body, at a meeting open line 23 to the general public, determines that the use of vehicles or animals line 24 on the property should be prohibited or regulated. line 25 (f)  A transit development board may adopt ordinances, rules, line 26 or regulations to restrict, or specify the conditions for, the use of line 27 bicycles, mopeds, electric bicycles, skateboards, electrically line 28 motorized boards, and roller skates on property under the control line 29 of, or any portion of property used by, the board. line 30 (g)  A public agency, including, but not limited to, the Regents line 31 of the University of California and the Trustees of the California line 32 State University, may adopt rules or regulations to restrict, or line 33 specify the conditions for, the use of bicycles, mopeds, electric line 34 bicycles, skateboards, electrically motorized boards, and roller line 35 skates on public property under the jurisdiction of that agency. line 36 (h)  “Housing authority,” for the purposes of this section, means line 37 a housing authority located within a county with a population of line 38 over 6,000,000 people, and any other housing authority that line 39 complies with the requirements of this section. 94 SB 1167 — 44 —
line 1 (i)  “Public transportation agency,” for purposes of this section, line 2 means a public agency that provides public transportation as line 3 defined in paragraph (1) of subdivision (f) of Section 1 of Article line 4 XIX A of the California Constitution or a county transportation line 5 commission created pursuant to Section 130050 of the Public line 6 Utilities Code.
line 7 SEC. 31.
line 8 SEC. 35. Section 21201.3 of the Vehicle Code is amended to line 9 read:
line 10 21201.3. (a)  A bicycle or moped used by a peace officer, as line 11 defined in Section 830.1 of, subdivision (a), (b), (c), (d), (e), (f), line 12 (g), or (i) of Section 830.2 of, subdivision (b) or (d) of Section line 13 830.31 of, subdivision (a) or (b) of Section 830.32 of, Section line 14 830.33 of, subdivision (a) of Section 830.36 of, subdivision (a) of line 15 Section 830.4 of, or Section 830.6 of, the Penal Code, in the line 16 performance of the peace officer’s duties, may display a steady or line 17 flashing blue warning light that is visible from the front, sides, or line 18 rear of the bicycle or moped.
line 19 (b)  No person shall display a steady or flashing blue warning line 20 light on a bicycle or moped except as authorized under subdivision line 21 (a).
line 22 SEC. 32.
line 23 SEC. 36. Section 21203 of the Vehicle Code is amended to line 24 read:
line 25 21203. No person riding upon any motorcycle, moped, bicycle, line 26 coaster, roller skates, sled, or toy vehicle shall attach the same or line 27 themselves to any streetcar or vehicle on the roadway. line 28 SEC. 33.
line 29 SEC. 37. Section 21207.5 of the Vehicle Code is amended to line 30 read:
line 31 21207.5. (a)  Notwithstanding Sections 21207 and 23127 of line 32 this code, or any other law, a moped shall not be operated on a line 33 bicycle path or trail, bikeway, bicycle lane established pursuant line 34 to Section 21207, equestrian trail, or hiking or recreational trail, line 35 unless it is within or adjacent to a roadway or unless the local line 36 authority or the governing body of a public agency having line 37 jurisdiction over the path or trail permits, by ordinance, that line 38 operation.
line 39 (b)  The local authority or governing body of a public agency line 40 having jurisdiction over an equestrian trail, or hiking or recreational 94 — 45 — SB 1167
line 1 trail, may prohibit, by ordinance, the operation of an electric line 2 bicycle or any class of electric bicycle on that trail. line 3 (c)  The Department of Parks and Recreation may prohibit the line 4 operation of an electric bicycle or any class of electric bicycle on line 5 any bicycle path or trail within the department’s jurisdiction. line 6 SEC. 34.
line 7 SEC. 38. Section 21209 of the Vehicle Code is amended to line 8 read:
line 9 21209. (a)  No person shall drive a motor vehicle in a bicycle line 10 lane established on a roadway pursuant to Section 21207 except line 11 as follows:
line 12 (1)  To park where parking is permitted.
line 13 (2)  To enter or leave the roadway.
line 14 (3)  To prepare for a turn within a distance of 200 feet from the line 15 intersection.
line 16 (b)  This section does not prohibit the use of a moped in a bicycle line 17 lane, pursuant to Section 21207.5, at a speed no greater than is line 18 reasonable or prudent, having due regard for visibility, traffic line 19 conditions, and the condition of the roadway surface of the bicycle line 20 lane, and in a manner which does not endanger the safety of line 21 bicyclists.
line 22 SEC. 35.
line 23 SEC. 39. Section 21712 of the Vehicle Code is amended to line 24 read:
line 25 21712. (a)  A person driving a motor vehicle shall not line 26 knowingly permit a person to ride on a vehicle or upon a portion line 27 of a vehicle that is not designed or intended for the use of line 28 passengers.
line 29 (b)  A person shall not ride on a vehicle or upon a portion of a line 30 vehicle that is not designed or intended for the use of passengers. line 31 (c)  A person driving a motor vehicle shall not knowingly permit line 32 a person to ride in the trunk of that motor vehicle. line 33 (d)  A person shall not ride in the trunk of a motor vehicle. line 34 (e)  A person violating subdivision (c) or (d) shall be punished line 35 as follows:
line 36 (1)  By a fine of one hundred dollars ($100).
line 37 (2)  For a second violation occurring within one year of a prior line 38 violation that resulted in a conviction, a fine of two hundred dollars line 39 ($200).
94 SB 1167 — 46 —
line 1 (3)  For a third or a subsequent violation occurring within one line 2 year of two or more prior violations that resulted in convictions, line 3 a fine of two hundred fifty dollars ($250).
line 4 (f)  Subdivisions (a) and (b) do not apply to an employee engaged line 5 in the necessary discharge of their duty or in the case of persons line 6 riding completely within or upon vehicle bodies in the space line 7 intended for a load on the vehicle.
line 8 (g)  A person shall not drive a motor vehicle that is towing a line 9 trailer coach, camp trailer, or trailer carrying a vessel, containing line 10 a passenger, except when a trailer carrying or designed to carry a line 11 vessel is engaged in the launching or recovery of the vessel. line 12 (h)  A person shall not knowingly drive a motor vehicle that is line 13 towing a person riding upon a motorcycle, moped, bicycle, coaster, line 14 roller skates, sled, skis, or toy vehicle.
line 15 (i)  Subdivision (g) does not apply to a trailer coach that is towed line 16 with a fifth-wheel device if the trailer coach is equipped with safety line 17 glazing materials wherever glazing materials are used in windows line 18 or doors, with an audible or visual signaling device that a passenger line 19 inside the trailer coach can use to gain the attention of the motor line 20 vehicle driver, and with at least one unobstructed exit capable of line 21 being opened from both the interior and exterior of the trailer line 22 coach.
line 23 SEC. 36.
line 24 SEC. 40. Section 21960 of the Vehicle Code is amended to line 25 read:
line 26 21960. (a)  The Department of Transportation and local line 27 authorities, by order, ordinance, or resolution, with respect to line 28 freeways, expressways, or designated portions thereof under their line 29 respective jurisdictions, to which vehicle access is completely or line 30 partially controlled, may prohibit or restrict the use of the freeways, line 31 expressways, or any portion thereof by pedestrians, bicycles or line 32 other nonmotorized traffic or by any person operating a line 33 motor-driven cycle, moped, motorized scooter, or electrically line 34 motorized board. A prohibition or restriction pertaining to bicycles, line 35 motor-driven cycles, motorized scooters, or electrically motorized line 36 boards shall be deemed to include mopeds. A person shall not line 37 operate a moped wherever that prohibition or restriction is in force. line 38 Notwithstanding any order, ordinance, or resolution to the contrary, line 39 the driver or passengers of a disabled vehicle stopped on a freeway line 40 or expressway may walk to the nearest exit, in either direction, on 94 — 47 — SB 1167
line 1 that side of the freeway or expressway upon which the vehicle is line 2 disabled, from which telephone or motor vehicle repair services line 3 are available.
line 4 (b)  The prohibitory regulation authorized by subdivision (a) line 5 shall be effective when appropriate signs giving notice thereof are line 6 erected upon any freeway or expressway and the approaches line 7 thereto. If any portion of a county freeway or expressway is line 8 contained within the limits of a city within the county, the county line 9 may erect signs on that portion as required under this subdivision line 10 if the ordinance has been approved by the city pursuant to line 11 subdivision (b) of Section 1730 of the Streets and Highways Code. line 12 (c)  No ordinance or resolution of local authorities shall apply line 13 to any state highway until the proposed ordinance or resolution line 14 has been presented to, and approved in writing by, the Department line 15 of Transportation.
line 16 (d)  An ordinance or resolution adopted under this section on or line 17 after January 1, 2005, to prohibit pedestrian access to a county line 18 freeway or expressway shall not be effective unless it is supported line 19 by a finding by the local authority that the freeway or expressway line 20 does not have pedestrian facilities and pedestrian use would pose line 21 a safety risk to the pedestrian.
line 22 SEC. 37.
line 23 SEC. 41. Section 22651.08 of the Vehicle Code is amended to line 24 read:
line 25 22651.08. (a)  A peace officer, as defined in Chapter 4.5 line 26 (commencing with Section 830) of Title 3 of Part 2 of the Penal line 27 Code, may remove a vehicle located within the territorial limits line 28 in which the officer may act, under either of the following line 29 circumstances:
line 30 (1)  A person is operating a vehicle with fewer than four wheels line 31 that does not meet the definition of an electric bicycle set forth in line 32 Section 312.5 and is both of the following:
line 33 (A)  Powered by an electric motor capable of exclusively line 34 propelling the vehicle in excess of 20 miles per hour on a highway. line 35 (B)  Being operated by an operator who is not licensed to operate line 36 the vehicle.
line 37 (2)  A person is operating a vehicle that is a class 3 electric line 38 bicycle in violation of subdivision (a) of Section 21213. 94 SB 1167 — 48 —
line 1 (3)  A person is operating an unauthorized device, pursuant to line 2 Article 9 (commencing with Section 21310) of Chapter 1 of line 3 Division 11, on a highway or public right-of-way. line 4 (b)  (1)  A city, county, or city and county may adopt at a public line 5 meeting a regulation, ordinance, or resolution imposing charges line 6 equal to its administrative costs relating to the removal, seizure, line 7 and storage costs. The charges shall not exceed the actual costs line 8 incurred for the expenses directly related to removing, seizing, line 9 and storing the vehicle.
line 10 (2)  A local jurisdiction that has adopted a regulation, ordinance, line 11 or resolution pursuant to paragraph (1) shall publicly and line 12 conspicuously post the schedule of charges on their internet line 13 website.
line 14 (c)  An agency shall release a seized vehicle to the owner, line 15 violator, or their agent after a minimum of 48 hours, if both of the line 16 following conditions are met:
line 17 (1)  The owner, violator, or authorized agent’s request is made line 18 during normal business hours.
line 19 (2)  The applicable removal, seizure, and storage costs have been line 20 paid.
line 21 (d)  If a peace officer removes a vehicle pursuant to paragraph line 22 (2) of subdivision (a), an agency may, as a condition of release, line 23 require the owner, violator, or the parent or legal guardian of the line 24 owner or violator to deliver proof that the violator has completed line 25 an electric bicycle safety and training program, as described in line 26 Section 894 of the Streets and Highways Code, or a related local line 27 bicycle safety course, if one is available, as prescribed by line 28 authorities in the local jurisdiction.
line 29 SEC. 38.
line 30 SEC. 42. Section 23135 of the Vehicle Code is amended to line 31 read:
line 32 23135. (a)  It is unlawful for any person to operate upon a line 33 highway any vehicle which was originally manufactured as a line 34 moped, as defined in Section 406, and which has been modified line 35 in such a manner that it no longer conforms to the definition of a line 36 moped.
line 37 (b)  (1)  Notwithstanding moped. Notwithstanding any other law, line 38 a person shall not operate a two-wheeled or three-wheeled device line 39 powered by an electric motor that is capable of propelling the line 40 device at a speed greater than 20 miles per hour on level ground 94 — 49 — SB 1167
line 1 on a highway or public right-of-way when powered solely by the line 2 motor unless the device meets a definition of a class of motor line 3 vehicle device that is explicitly defined in Division 1 (commencing line 4 with Section 100), complies with all applicable requirements for line 5 that motor vehicle, and is explicitly authorized for use on a highway line 6 or public right-of-way pursuant to this code.
line 7 (2)  A code. A vehicle described in paragraph (1) this section line 8 includes, without limitation, any device that has multiple speed line 9 modes or settings, notwithstanding that one or more of the settings line 10 limit the maximum speed of the device to 20 miles per hour when line 11 powered solely by the motor, and devices that are designed or line 12 designated by the manufacturer for off-road use or for use on line 13 private land.
line 14 SEC. 39.
line 15 SEC. 43. Section 23330 of the Vehicle Code is amended to line 16 read:
line 17 23330. Except where a special permit has been obtained from line 18 the Department of Transportation under the provisions of Article line 19 6 (commencing with Section 35780) of Chapter 5 of Division 15, line 20 none of the following shall be permitted on any vehicular crossing:
line 21 (a)  Animals while being led or driven, even though tethered or line 22 harnessed.
line 23 (b)  Bicycles, mopeds, or motorized scooters, unless the line 24 department by signs indicates that bicycles, mopeds, or motorized line 25 scooters, or any combination thereof, are permitted upon all or any line 26 portion of the vehicular crossing.
line 27 (c)  Vehicles having a total width of vehicle or load exceeding line 28 102 inches.
line 29 (d)  Vehicles carrying items prohibited by regulations line 30 promulgated by the Department of Transportation. line 31 SEC. 40.
line 32 SEC. 44. Section 24015 of the Vehicle Code is amended to line 33 read:
line 34 24015. (a)  Mopeds shall comply with those federal motor line 35 vehicle safety standards established pursuant to Chapter 301 line 36 (commencing with Section 30101) of Part A of Subtitle VI of Title line 37 49 of the United States Code that apply to a motor-driven cycle, line 38 as that term is defined in regulations adopted pursuant to those line 39 provisions. These standards include, but are not limited to, 94 SB 1167 — 50 —
line 1 provisions requiring a headlamp, taillamp, stoplamp, side and rear line 2 reflex reflectors, and adequate brakes.
line 3 (b)  In addition to equipment required in subdivision (a), all line 4 mopeds operated upon a highway shall be equipped with a mirror line 5 as required in subdivision (a) of Section 26709, a horn as required line 6 in Section 27000, and mopeds powered by a liquid fuel shall be line 7 equipped with an adequate muffler as required in subdivision (a) line 8 of Section 27150.
line 9 (c)  Except as provided in subdivisions (a) and (b), none of the line 10 provisions of this chapter relating to motorcycles and motor-driven line 11 cycles, as defined in this code, shall apply to a moped. line 12 SEC. 41.
line 13 SEC. 45. Section 24951 of the Vehicle Code is amended to line 14 read:
line 15 24951. (a)  Any vehicle may be equipped with a lamp-type line 16 turn signal system capable of clearly indicating any intention to line 17 turn either to the right or to the left.
line 18 (b)  The following vehicles shall be equipped with a lamp-type line 19 turn signal system meeting the requirements of this chapter. line 20 (1)  Motortrucks, truck tractors, buses and passenger vehicles, line 21 other than motorcycles, manufactured and first registered on or line 22 after January 1, 1958.
line 23 (2)  Trailers and semitrailers manufactured and first registered line 24 between December 31, 1957, and January 1, 1969, having a gross line 25 weight of 6,000 pounds or more.
line 26 (3)  Trailers and semitrailers 80 or more inches in width line 27 manufactured on or after January 1, 1969.
line 28 (4)  Motorcycles manufactured and first registered on or after line 29 January 1, 1973.
line 30 (5)  Motor-driven cycles and mopeds propelled by an electric line 31 motor and manufactured after January 1, 2027.
line 32 The requirements of this subdivision shall not apply to special line 33 mobile equipment, or auxiliary dollies.
line 34 (c)  Turn signal lamps on vehicles manufactured on or after line 35 January 1, 1969, shall be mounted not lower than 15 inches. line 36 SEC. 42.
line 37 SEC. 46. Section 25650 of the Vehicle Code is amended to line 38 read:
line 39 25650. Every motorcycle, motor-driven cycle, and moped line 40 during darkness shall be equipped with at least one and not more 94 — 51 — SB 1167
line 1 than two lighted headlamps which shall conform to the line 2 requirements and limitations of this division.
line 3 SEC. 43.
line 4 SEC. 47. Section 27800 of the Vehicle Code is amended to line 5 read:
line 6 27800. It is unlawful for a driver of a motorcycle or a moped line 7 to carry any other person thereon, except on a seat securely fastened line 8 to the machine at the rear of the driver and provided with footrests, line 9 or in a sidecar attached to a motorcycle and designed for the line 10 purpose of carrying a passenger. Every passenger on a motorcycle line 11 or a moped shall keep their feet on the footrests while such vehicle line 12 is in motion.
line 13 SEC. 44.
line 14 SEC. 48. Section 27802 of the Vehicle Code is amended to line 15 read:
line 16 27802. (a)  The department may adopt reasonable regulations line 17 establishing specifications and standards for safety helmets offered line 18 for sale, or sold, for use by drivers and passengers of motorcycles line 19 and mopeds as it determines are necessary for the safety of those line 20 drivers and passengers. The regulations shall include, but are not line 21 limited to, the requirements imposed by Federal Motor Vehicle line 22 Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include line 23 compliance with that federal standard by incorporation of its line 24 requirements by reference. Each helmet sold or offered for sale line 25 for use by drivers and passengers of motorcycles and mopeds shall line 26 be conspicuously labeled in accordance with the federal standard line 27 which shall constitute the manufacturer’s certification that the line 28 helmet conforms to the applicable federal motor vehicle safety line 29 standards.
line 30 (b)  No person shall sell, or offer for sale, for use by a driver or line 31 passenger of a motorcycle or moped any safety helmet which is line 32 not of a type meeting requirements established by the department. line 33 SEC. 45.
line 34 SEC. 49. Section 27803 of the Vehicle Code is amended to line 35 read:
line 36 27803. (a)  A driver and any passenger shall wear a safety line 37 helmet meeting requirements established pursuant to Section 27802 line 38 when riding on a motorcycle, motor-driven cycle, or moped. 94 SB 1167 — 52 —
line 1 (b)  It is unlawful to operate a motorcycle, motor-driven cycle, line 2 or moped if the driver or any passenger is not wearing a safety line 3 helmet as required by subdivision (a).
line 4 (c)  It is unlawful to ride as a passenger on a motorcycle, line 5 motor-driven cycles, or moped if the driver or any passenger is line 6 not wearing a safety helmet as required by subdivision (a). line 7 (d)  This section applies to persons who are riding on line 8 motorcycles, motor-driven cycles, or mopeds operated on the line 9 highways.
line 10 (e)  For the purposes of this section, “wear a safety helmet” or line 11 “wearing a safety helmet” means having a safety helmet meeting line 12 the requirements of Section 27802 on the person’s head that is line 13 fastened with the helmet straps and that is of a size that fits the line 14 wearing person’s head securely without excessive lateral or vertical line 15 movement.
line 16 (f)  This section does not apply to a person operating, or riding line 17 as a passenger in, a fully enclosed three-wheeled motor vehicle line 18 that is not less than seven feet in length and not less than four feet line 19 in width, and has an unladen weight of 900 pounds or more, if the line 20 vehicle meets or exceeds all of the requirements of this code, the line 21 Federal Motor Vehicle Safety Standards, and the rules and line 22 regulations adopted by the United States Department of line 23 Transportation and the National Highway Traffic Safety line 24 Administration.
line 25 (g)  In enacting this section, it is the intent of the Legislature to line 26 ensure that all persons are provided with an additional safety line 27 benefit while operating or riding a motorcycle, motor-driven cycle, line 28 or mopeds.
line 29 SEC. 46.
line 30 SEC. 50. Article 7.5 (commencing with Section 27850) is added line 31 to Chapter 5 of Division 12 of the Vehicle Code, to read:
line 32
line 33 Article 7.5. Electric Modes of Transportation
line 34
line 35 27850. (a)  Manufacturers and distributors of electric bicycles line 36 shall securely affix the following information on or to the frame line 37 or fork of each electric bicycle, subject to the specifications line 38 described in subdivision (c):
line 39 (1)  The name of the brand.
94 — 53 — SB 1167
line 1 (2)  The manufacturer, importer, or distributor of the electric line 2 bicycle.
line 3 (3)  The classification number of the electric bicycle. line 4 (4)  The top assisted speed and motor wattage of the electric line 5 bicycle.
line 6 (b)  Manufacturers and distributors of mopeds and motor-driven line 7 cycles shall securely affix the following information on or to the line 8 frame or fork of each moped or motor-driven cycle, subject to the line 9 specifications described in subdivision (c): a certification label line 10 that conforms to Part 567 (commencing with Section 567.1) of line 11 Title 49 of the Code of Federal Regulations on or to the permanent line 12 member of the vehicle as close as is practicable to the intersection line 13 of the steering post with the handle bars in a location such that it line 14 is easily readable without moving any part of the vehicle except line 15 its steering system.
line 16 (1)  The name of the brand.
line 17 (2)  The manufacturer, importer, or distributor of the moped or line 18 motor-driven cycle.
line 19 (3)  The word “moped” or “motor-driven cycle.”
line 20 (4)  The top assisted speed and motor wattage, if applicable, of line 21 the moped or motor-driven cycle.
line 22 (c)  The information required by subdivisions (a) and (b) shall line 23 be permanently affixed on or to the electric bicycle, moped, or line 24 motor-driven cycle, by means of a marking or labeling that is line 25 readily visible without inverting the electric bicycle, moped, or line 26 motor-driven cycle, and that cannot be removed without the line 27 marking or labeling being defaced or destroyed. The information line 28 shall be printed in Arial font in at least 9-point type. type or lettered line 29 in block capitals and numerals not less than four millimeters high. line 30 (d)  (1)  A person shall not sell or install an electric bicycle line 31 classification label unless the classification label is sold and line 32 installed in a physical retailer or bicycle repair shop. line 33 (2)  A retailer and bicycle repair shop of electric bicycles shall line 34 verify that the classification label matches the electric bicycle line 35 class, pursuant to Section 312.5, before installing the classification line 36 label on an electric bicycle.
line 37 27851. Every manufacturer, importer, or seller of a line 38 motor-driven cycle, a moped, or an off-highway electric motorcycle line 39 that is powered by an electric motor shall provide a disclosure to line 40 all potential buyers in any advertising, including any online 94 SB 1167 — 54 —
line 1 advertising on internet websites or social media, that advises buyers line 2 that the vehicle is a motor vehicle subject to registration, their line 3 existing insurance policies may not provide coverage for the line 4 vehicle, and that they should contact their insurance company or line 5 insurance agent to determine if coverage is provided. line 6 (a)  (1)  A written disclosure shall be provided to the buyer and line 7 printed in not less than 14-point boldface type on a single sheet of line 8 paper that contains no information other than the statement line 9 specified in subdivision (d).
line 10 (2)  Any disclosure provided through online advertising or on a line 11 website offering the vehicle for sale shall be in a font size no line 12 smaller than the largest font size used in such advertising or website line 13 content and require the buyer to affirmatively acknowledge having line 14 had the opportunity to read the disclosure before completing the line 15 purchase.
line 16 (b)  The disclosure shall include the following language in capital line 17 letters:
line 18 “THIS VEHICLE IS A MOTOR VEHICLE AND SUBJECT
line 19 TO APPLICABLE MOTOR VEHICLE LAWS INCLUDING
line 20 USE OF A DOT-APPROVED MOTORCYCLE HELMET,
line 21 REGISTRATION, OPERATOR LICENSE, AND INSURANCE
line 22 REQUIREMENTS IF USED ON A HIGHWAY. YOUR
line 23 INSURANCE POLICIES MAY NOT PROVIDE COVERAGE
line 24 FOR CRASHES INVOLVING THE USE OF THIS VEHICLE.
line 25 TO DETERMINE IF COVERAGE IS PROVIDED, YOU
line 26 SHOULD CONTACT YOUR INSURANCE COMPANY OR
line 27 AGENT.”
line 28 (c)  In addition to any penalties imposed under this code, a line 29 violation of the disclosure requirements described in this section line 30 by a manufacturer, importer, or seller of a motor-driven cycle, line 31 moped, or electric off-road motorcycle shall constitute a misleading line 32 statement pursuant to Sections 17200 and 17500 of the Business line 33 and Professions Code.
line 34 27852. It is unlawful for a person to sell an electric bicycle, line 35 moped, or motor-driven cycle in violation of the labeling and line 36 disclosure requirements of Sections 27850 and 27851. line 37 SEC. 47.
line 38 SEC. 51. Section 38012 of the Vehicle Code is amended to line 39 read:
94 — 55 — SB 1167
line 1 38012. (a)  As used in this division, “off-highway motor vehicle line 2 subject to identification” means a motor vehicle subject to line 3 subdivision (a) of Section 38010.
line 4 (b)  As used in this division, “off-highway motor vehicle” line 5 includes, but is not limited to, the following:
line 6 (1)  A moped, motorcycle, or motor-driven cycle, except for any line 7 motorcycle that is eligible for a special transportation identification line 8 device issued pursuant to Section 38088.
line 9 (2)  A snowmobile or other vehicle designed to travel over snow line 10 or ice, as defined in Section 557.
line 11 (3)  A motor vehicle commonly referred to as a sand buggy, line 12 dune buggy, or all-terrain vehicle.
line 13 (4)  A motor vehicle commonly referred to as a jeep. line 14 (5)  A recreational off-highway vehicle as defined in Section line 15 500.
line 16 (6)  An off-highway electric motorcycle as defined in Section line 17 436.1.
line 18 SEC. 48.
line 19 SEC. 52. Section 38366 of the Vehicle Code is amended to line 20 read:
line 21 38366. (a)  Notwithstanding Section 4442 of the Public line 22 Resources Code, and except for vehicles with mufflers as provided line 23 in Article 2 (commencing with Section 27150) of Chapter 5 of line 24 Division 12, no person shall use, operate, or allow to be used or line 25 operated, any off-highway motor vehicle, as defined in Section line 26 38006, on any forest-covered land, brush-covered land, or line 27 grass-covered land unless the vehicle is equipped with a spark line 28 arrester maintained in effective working order. line 29 (b)  A spark arrester affixed to the exhaust system of a vehicle line 30 subject to this section shall not be placed or mounted in such a line 31 manner as to allow flames or heat from the exhaust system to ignite line 32 any flammable material.
line 33 (c)  A spark arrester is a device constructed of nonflammable line 34 materials specifically for the purpose of removing and retaining line 35 carbon and other flammable particles over 0.0232 of an inch in line 36 size from the exhaust flow of an internal combustion engine or line 37 which is qualified and rated by the United States Forest Service. line 38 (d)  Subdivision (a) is not applicable to an off-highway electric line 39 motorcycle or to any vehicle being operated off the highway in an line 40 organized racing or competitive event upon a closed course, which 94 SB 1167 — 56 —
line 1 is conducted under the auspices of a recognized sanctioning body line 2 and by permit issued by the fire protection authority having line 3 jurisdiction.
line 4 (e)  A person shall not use, operate, or allow to be used or line 5 operated, any off-highway electric motorcycle, or any motorcycle, line 6 motor-driven cycle, or moped powered by an electric motor, on line 7 any forest-covered land, brush-covered land, or grass-covered land line 8 unless the vehicle has been certified by its manufacturer for line 9 compliance with SAE J2929 or another applicable SAE, ISO, line 10 UNECE, or IEC electrical safety standard and the name of the line 11 manufacturer and the test standard used are permanently marked line 12 on the vehicle or on its drive system. complies with the standards line 13 for mopeds and off-highway electric motorcycles provided in line 14 Chapter 23 (commencing with Section 26300) of Division 20 of line 15 the Health and Safety Code.
line 16 SEC. 49.
line 17 SEC. 53. Section 38505 of the Vehicle Code is amended to line 18 read:
line 19 38505. A person shall not operate, ride, or be otherwise line 20 propelled on an all-terrain vehicle on public lands, as described in line 21 Section 38001, unless the person wears a safety helmet meeting line 22 requirements established for motorcycles and mopeds, pursuant line 23 to Section 27802.
line 24 SEC. 50.
line 25 SEC. 54. Section 38601 of the Vehicle Code is amended to line 26 read:
line 27 38601. A person shall not operate, or allow a passenger in, a line 28 recreational off-highway vehicle on public lands, as described in line 29 Section 38001, unless the person and the passenger are wearing line 30 safety helmets meeting the requirements established for line 31 motorcycles and mopeds pursuant to Section 27802. line 32 SEC. 51.
line 33 SEC. 55. No reimbursement is required by this act pursuant to line 34 Section 6 of Article XIIIB of the California Constitution because line 35 the only costs that may be incurred by a local agency or school line 36 district will be incurred because this act creates a new crime or line 37 infraction, eliminates a crime or infraction, or changes the penalty line 38 for a crime or infraction, within the meaning of Section 17556 of line 39 the Government Code, or changes the definition of a crime within 94 — 57 — SB 1167
line 1 the meaning of Section 6 of Article XIII B of the California line 2 Constitution.

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94 SB 1167 — 58 —

Town Council Legislative CommitteeJuly 28, 2026

Town Council Legislative Committee
July 28, 2026