Health and Safety Code
Part 58 of 87 · provisions 11,401–11,600
This section says the act is to be known as the Health and Safety Code.
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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.
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- 25988. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.5. Horses and Other Equine Animals [25988 - 25988.5] ( Chapter 13.5 added by Stats. 1987, Ch. 757, Sec. 1. )
Operators keeping horses or other equine animals for hire must meet humane-treatment standards, keep certain records, and may be barred from using an equine for hire if required records are not provided.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.5. Horses and Other Equine Animals [25988 - 25988.5] ( Chapter 13.5 added by Stats. 1987, Ch. 757, Sec. 1. ) ## 25988. A peace officer, officer of a humane society as qualified under Section 14502 or 14503 of the Corporations Code, or officer of an animal control or animal regulation department of a public agency, as qualified under Section 830.9 of the Penal Code, may issue a citation as prescribed in Section 25988.5, to a person or entity keeping horses or other equine animals for hire, if the person or entity fails to meet any of the following standards of humane treatment regarding the keeping of horses or other equine animals: (a) Any enclosure where an equine is primarily kept shall be of sufficient size to enable the equine to comfortably stand up, turn around, and lie down, and shall be kept free of excessive urine and waste matter. (b) Paddocks and corrals shall be of adequate size for the equine to move about freely. (c) Buildings, premises, and conveyances used in conjunction with equines shall be kept free of sharp objects, protrusions, or other materials that are likely to cause injury. (d) Equines shall be supplied with nutritionally adequate feed and clean water, in accordance with standards in “A Guide: Minimum Standards of Horse Care in the State of California” published by the Center for Equine Health of the School of Veterinary Medicine of the University of California, Davis. (e) Tack and equipment shall be appropriate and fit properly. (f) After use, the equine shall be cooled out to a normal condition at rest. (g) When not being ridden, a saddled equine shall have available adequate shelter from the elements and have loosened saddle straps and girths. (h) An equine shall not be available for hire or use if the equine has any conditions that violate subdivision (b) of Section 597 or Section 597.1 of the Penal Code or any of the following conditions: (1) Sores or abrasions caused or likely to be irritated by the surfaces of saddles, girths, harnesses, or bridles. (2) Blindness in both eyes. (3) Improperly or inadequately trimmed and shod feet contrary to the standards regarding hoof care included in “A Guide: Minimum Standards of Horse Care in the State of California” published by the Center for Equine Health of the School of Veterinary Medicine of the University of California, Davis. (i) Each equine shall be individually identified through the use of humane methods, such as a detailed description, including, but not limited to, name, breed, color, markings, size, age, sex, and photograph. (j) Farrier and veterinary receipts shall be kept, and shall identify each equine treated. (k) Veterinary, farrier, and feed records shall be made available during normal business hours to the law enforcement officer. Upon failure to provide these records, the equine or equines in question may not be used for hire until the records are produced or an equine veterinarian certifies that the equine or equines are fit for labor. (Amended by Stats. 2019, Ch. 331, Sec. 2.5. (SB 787) Effective January 1, 2020.) - 25988.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.5. Horses and Other Equine Animals [25988 - 25988.5] ( Chapter 13.5 added by Stats. 1987, Ch. 757, Sec. 1. )
A person cited under Section 25988 must pay a $100 civil penalty for each violation and for each day the violation continues.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.5. Horses and Other Equine Animals [25988 - 25988.5] ( Chapter 13.5 added by Stats. 1987, Ch. 757, Sec. 1. ) ## 25988.5. (a) Citations issued pursuant to Section 25988 shall require the person cited to pay a civil penalty in the amount of one hundred dollars ($100) for each violation, and one hundred dollars ($100) for each day the violation continues. (b) Any person who violates Section 25988 may be prosecuted by the district attorney of the county in which the violation occurred or the city attorney of the city in which the violation occurred. (Amended by Stats. 1991, Ch. 747, Sec. 5.) - 25989.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.6. Wild or Domestic Animals in Traveling Circuses and Carnivals [25989.1- 25989.1.] ( Chapter 13.6 added by Stats. 1998, Ch. 579, Sec. 2. )
Traveling circuses and carnivals in California must notify local animal control service entities before performing and provide their performance schedule.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.6. Wild or Domestic Animals in Traveling Circuses and Carnivals [25989.1- 25989.1.] ( Chapter 13.6 added by Stats. 1998, Ch. 579, Sec. 2. ) ## 25989.1. (a) Any traveling circus or carnival that performs in this state shall do both of the following: (1) Notify each entity that provides animal control services for a city, county, or city and county in which the traveling circus or carnival intends to perform of its intent to perform within that jurisdiction. Notice shall be given at least 14 days prior to the first performance in that city, county, or city and county. (2) Provide each entity that provides animal control services for a city, county, or city and county in which the traveling circus or carnival intends to perform with a schedule of its performances in California. (b) For the purposes of this chapter, “traveling circus or carnival” does not include any fair regulated under Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code, or any rodeo, horse, or school event. (c) Any violation of subdivision (a) shall be punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a first violation, and not less than one thousand five hundred dollars ($1,500) and not more than five thousand dollars ($5,000) for any subsequent violation. (Amended by Stats. 1999, Ch. 83, Sec. 109. Effective January 1, 2000.) - 25990. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. )
Farm owners and business owners in the state must not cause covered animals to be confined cruelly, or sell specified products from covered animals confined cruelly.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. ) ## 25990. Prohibitions.In addition to other applicable provisions of law: (a) A farm owner or operator within the state shall not knowingly cause any covered animal to be confined in a cruel manner. (b) A business owner or operator shall not knowingly engage in the sale within the state of any of the following: (1) Whole veal meat that the business owner or operator knows or should know is the meat of a covered animal who was confined in a cruel manner. (2) Whole pork meat that the business owner or operator knows or should know is the meat of a covered animal who was confined in a cruel manner, or is the meat of immediate offspring of a covered animal who was confined in a cruel manner. (3) Shell egg that the business owner or operator knows or should know is the product of a covered animal who was confined in a cruel manner. (4) Liquid eggs that the business owner or operator knows or should know are the product of a covered animal who was confined in a cruel manner. (Amended November 6, 2018, by initiative Proposition 12, Sec. 3. Effective December 19, 2018.) - 25991. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. )
This section defines key terms used in the farm animal cruelty chapter.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. ) ## 25991. Definitions. For the purposes of this chapter, the following terms have the following meanings: (a) “Breeding pig” means any female pig of the porcine species kept for the purpose of commercial breeding who is six months or older or pregnant. (b) “Business owner or operator” means any person who owns or controls the operations of a business. (c) “Cage-free housing system” means an indoor or outdoor controlled environment for egg-laying hens within which hens are free to roam unrestricted; are provided enrichments that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and within which farm employees can provide care while standing within the hens’ usable floorspace. Cage-free housing systems include, to the extent they comply with the requirements of this subdivision, the following: (1) Multitiered aviaries, in which hens have access to multiple elevated platforms that provide hens with usable floorspace both on top of and underneath the platforms. (2) Partially slatted systems, in which hens have access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below. (3) Single-level all-litter floor systems bedded with litter, in which hens have limited or no access to elevated flat platforms. (4) Any future systems that comply with the requirements of this subdivision. (d) “Calf raised for veal” means any calf of the bovine species kept for the purpose of producing the food product described as veal. (e) “Confined in a cruel manner” means any one of the following acts: (1) Confining a covered animal in a manner that prevents the animal from lying down, standing up, fully extending the animal’s limbs, or turning around freely. (2) After December 31, 2019, confining a calf raised for veal with less than 43 square feet of usable floorspace per calf. (3) After December 31, 2021, confining a breeding pig with less than 24 square feet of usable floorspace per pig. (4) After December 31, 2019, confining an egg-laying hen with less than 144 square inches of usable floorspace per hen. (5) After December 31, 2021, confining an egg-laying hen with less than the amount of usable floorspace per hen required by the 2017 edition of the United Egg Producers’ Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing or in an enclosure other than a cage-free housing system. (f) “Covered animal” means any calf raised for veal, breeding pig, or egg-laying hen who is kept on a farm. (g) “Egg-laying hen” means any female domesticated chicken, turkey, duck, goose, or guineafowl kept for the purpose of egg production. (h) “Enclosure” means a structure used to confine a covered animal or animals. (i) “Farm” means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber; and does not include live animal markets, establishments at which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or official plants at which mandatory inspection is maintained under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.). (j) “Farm owner or operator” means any person who owns or controls the operations of a farm. (k) “Fully extending the animal’s limbs” means fully extending all limbs without touching the side of an enclosure, or another animal. (l) “Liquid eggs” means eggs of an egg-laying hen broken from the shells, intended for human food, with the yolks and whites in their natural proportions, or with the yolks and whites separated, mixed, or mixed and strained. Liquid eggs do not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, ice cream, or similar processed or prepared food products, that are comprised of more than liquid eggs, sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, and similar food additives. (m) “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate. (n) “Pork meat” means meat, as defined in Section 900 of Title 3 of the California Code of Regulations as of August 2017, of a pig of the porcine species, intended for use as human food. (o) “Sale” means a commercial sale by a business that sells any item covered by this chapter, but does not include any sale undertaken at an establishment at which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or any sale undertaken at an official plant at which mandatory inspection is maintained under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.). For purposes of this section, a sale shall be deemed to occur at the location where the buyer takes physical possession of an item covered by Section 25990. (p) “Shell egg” means a whole egg of an egg-laying hen in its shell form, intended for use as human food. (q) “Turning around freely” means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure or another animal. (r) “Uncooked” means requiring cooking prior to human consumption. (s) “Usable floorspace” means the total square footage of floorspace provided to each covered animal, as calculated by dividing the total square footage of floorspace provided to the animals in an enclosure by the number of animals in that enclosure. In the case of egg-laying hens, usable floorspace shall include both groundspace and elevated level flat platforms upon which hens can roost, but shall not include perches or ramps. (t) “Veal meat” means meat, as defined in Section 900 of Title 3 of the California Code of Regulations as of August 2017, of a calf raised for veal intended for use as human food. (u) “Whole pork meat” means any uncooked cut of pork, including bacon, ham, chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin, or cutlet, that is comprised entirely of pork meat, except for seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives. Whole pork meat does not include combination food products, including soups, sandwiches, pizzas, hotdogs, or similar processed or prepared food products, that are comprised of more than pork meat, seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives. (v) “Whole veal meat” means any uncooked cut of veal, including chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin, or cutlet, that is comprised entirely of veal meat, except for seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives. Whole veal meat does not include combination food products, including soups, sandwiches, pizzas, hotdogs, or similar processed or prepared food products, that are comprised of more than veal meat, seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives. (Amended November 6, 2018, by initiative Proposition 12, Sec. 4. Effective December 19, 2018.) - 25992. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. )
This chapter does not apply in listed situations such as medical research, veterinary care, transportation, certain exhibitions, slaughter under humane slaughter laws, breeding pigs near birth, and short temporary animal husbandry periods.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. ) ## 25992. Exceptions. This chapter shall not apply: (a) During medical research. (b) During examination, testing, individual treatment, or operation for veterinary purposes. (c) During transportation. (d) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions. (e) During the slaughter of a covered animal in accordance with the provisions of Chapter 6 (commencing with Section 19501) of Part 3 of Division 9 of the Food and Agricultural Code, relating to humane methods of slaughter, and other applicable law and regulations. (f) To a breeding pig during the five-day period prior to the breeding pig’s expected date of giving birth, and any day that the breeding pig is nursing piglets. (g) During temporary periods for animal husbandry purposes for no more than six hours in any 24-hour period, and no more than 24 hours total in any 30-day period. (Amended November 6, 2018, by initiative Proposition 12, Sec. 5. Effective December 19, 2018.) - 25993. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. )
The Department of Food and Agriculture and the State Department of Public Health must jointly issue implementing rules by September 1, 2019. Violations of this chapter are misdemeanors and can lead to fines, jail, or both.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. ) ## 25993. Enforcement. (a) The Department of Food and Agriculture and the State Department of Public Health shall jointly promulgate rules and regulations for the implementation of this act by September 1, 2019. (b) Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment. In addition, a violation of subdivision (b) of Section 25990 constitutes unfair competition, as defined in Section 17200 of the Business and Professions Code, and is punishable as prescribed in Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (c) The provisions of this chapter relating to cruel confinement of covered animals and sale of products shall supersede any conflicting regulations, including conflicting regulations in Chapter 6 (commencing with Section 40601) of Subdivision 6 of Division 2 of Title 22 of the California Code of Regulations. (Amended November 6, 2018, by initiative Proposition 12, Sec. 6. Effective December 19, 2018.) - 25993.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. )
A business owner or operator has a defense against enforcement of Section 25990(b) if they relied in good faith on a supplier’s written certification.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. ) ## 25993.1. It shall be a defense to any action to enforce subdivision (b) of Section 25990 that a business owner or operator relied in good faith upon a written certification by the supplier that the whole veal meat, whole pork meat, shell egg, or liquid eggs at issue was not derived from a covered animal who was confined in a cruel manner, or from the immediate offspring of a breeding pig who was confined in a cruel manner. (Added November 6, 2018, by initiative Proposition 12, Sec. 7. Effective December 19, 2018.) - 25994. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. )
This chapter does not limit other animal-welfare laws and does not stop local governments from adopting and enforcing their own animal-welfare laws.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.8. Farm Animal Cruelty [25990 - 25994] ( Chapter 13.8 added November 4, 2008, by initiative Proposition 2, Sec. 3. ) ## 25994. Construction of Chapter. The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare, including the California Penal Code. This chapter shall not be construed to limit any state law or regulations protecting the welfare of animals, nor shall anything in this chapter prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations. (Added November 4, 2008, by initiative Proposition 2, Sec. 3. Operative January 1, 2015, by Sec. 5 of Prop. 2.) - 25995. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. )
The Legislature states that well-treated food animals are healthier, stressed hens can increase pathogen risk, and California consumers should be protected from eggs from heavily stressed hens.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. ) ## 25995. The Legislature finds and declares all of the following: (a) According to the Pew Commission on Industrial Farm Production, food animals that are treated well and provided with at least minimum accommodation of their natural behaviors and physical needs are healthier and safer for human consumption. (b) A key finding from the World Health Organization and Food and Agricultural Organization of the United Nations Salmonella Risk Assessment was that reducing flock prevalence results in a directly proportional reduction in human health risk. (c) Egg-laying hens subjected to stress are more likely to have higher levels of pathogens in their intestines and the conditions increase the likelihood that consumers will be exposed to higher levels of food-borne pathogens. (d) Salmonella is the most commonly diagnosed food-borne illness in the United States. (e) It is the intent of the Legislature to protect California consumers from the deleterious, health, safety, and welfare effects of the sale and consumption of eggs derived from egg-laying hens that are exposed to significant stress and may result in increased exposure to disease pathogens including salmonella. (Added by Stats. 2010, Ch. 51, Sec. 1. (AB 1437) Effective January 1, 2011.) - 25996. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. )
A seller must not sell or contract to sell shelled eggs for human consumption in California if the seller knows or should know the eggs came from hens kept on a farm that does not meet the listed animal care standards.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. ) ## 25996. Commencing January 1, 2015, a shelled egg shall not be sold or contracted for sale for human consumption in California if the seller knows or should have known that the egg is the product of an egg-laying hen that was confined on a farm or place that is not in compliance with animal care standards set forth in Chapter 13.8 (commencing with Section 25990). (Amended by Stats. 2013, Ch. 625, Sec. 1. (SB 667) Effective January 1, 2014.) - 25996.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. )
A person who violates this chapter commits a misdemeanor and may be fined up to $1,000, jailed up to 180 days, or both.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. ) ## 25996.1. A person who violates this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both that fine and imprisonment. (Added by renumbering Section 25997 (as added by Stats. 2010, Ch. 51, Sec. 1) by Stats. 2015, Ch. 303, Sec. 317. (AB 731) Effective January 1, 2016.) - 25996.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. )
This chapter adds to, and does not replace, other animal-welfare laws. It also does not limit state animal-welfare laws or prevent local governments from adopting and enforcing their own animal-welfare rules.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 14. Shelled Eggs [25995 - 25996.3] ( Chapter 14 added by Stats. 2010, Ch. 51, Sec. 1. ) ## 25996.3. The provisions of this chapter are in addition to, and not in lieu of, any other laws protecting animal welfare, including the Penal Code. This chapter shall not be construed to limit any state law or regulation protecting the welfare of animals, nor shall anything in this chapter prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations. (Added by renumbering Section 25997.1 by Stats. 2015, Ch. 303, Sec. 318. (AB 731) Effective January 1, 2016.) - 25997. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. )
Glazing materials subject to human impact in certain buildings must comply with specified building-code standards, unless federal law preempts the requirement.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. ) ## 25997. Glazing materials subject to human impact in residential, commercial, and public buildings shall, to the extent not preempted by federal law, comply with the provisions of Section 5406 of the 1982 edition of the Uniform Building Code. Those glazing materials shall be subject to the requirements specified in Standard No. 54-2 of the 1982 edition of the Uniform Building Code Standards, or subject to comparative requirements which are determined by the local building official, responsible for enforcement of such standards, to produce at least equivalent performance. (Repealed and added by Stats. 1982, Ch. 215, Sec. 2. Effective May 26, 1982.) - 25997.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. )
Safety glazing material installed in hazardous locations must be labeled.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. ) ## 25997.3. Each light of safety glazing material installed in hazardous locations, as specified by subdivision (d) of Section 5406 of the 1982 edition of the Uniform Building Code, shall be identified by a label, as specified by subdivision (b) of Section 5406 of that code. (Amended by Stats. 1982, Ch. 215, Sec. 3. Effective May 26, 1982.) - 25997.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. )
It is unlawful to knowingly install, consent to, or cause the installation of glazing materials in a hazardous location unless the chapter permits it.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. ) ## 25997.4. It shall be unlawful within the state to knowingly install, consent, or cause to be installed, glazing materials in any hazardous location other than as permitted by this chapter. (Amended by Stats. 1982, Ch. 215, Sec. 4. Effective May 26, 1982.) - 25997.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. )
This section says the chapter does not create liability for certain workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. ) ## 25997.6. No liability under this chapter shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with this chapter. (Added by Stats. 1970, Ch. 329.) - 25997.8. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. )
A person who knowingly violates any provision of this chapter is guilty of a misdemeanor and may be fined up to $500, imprisoned for up to six months, or both.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. ) ## 25997.8. Any person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six months, or both. (Amended by Stats. 1971, Ch. 581.) - 25998. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. )
This chapter applies in all parts of the state.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. ) ## 25998. The provisions of this chapter shall apply in all parts of the state. (Added by Stats. 1970, Ch. 329.) - 25998.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. )
This section says the chapter is administered and enforced under Chapter 5, starting with Section 17960, of Part 1.5 of Division 13.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 15. Safety Glazing Materials [25997 - 25998.2] ( Chapter 15 added by Stats. 1970, Ch. 329. ) ## 25998.2. The provisions of this chapter shall be administered and enforced pursuant to Chapter 5 (commencing with Section 17960) of Part 1.5 of Division 13. (Added by Stats. 1970, Ch. 329.) - 25999. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 17. Air Duct Systems [25999- 25999.] ( Chapter 17 added by Stats. 1971, Ch. 382. )
If asbestos-containing materials are used in an air duct system in a building in the state on or after this chapter’s effective date, the material must be overcoated with a sealant that prevents erosion of asbestos fibers.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 17. Air Duct Systems [25999- 25999.] ( Chapter 17 added by Stats. 1971, Ch. 382. ) ## 25999. If asbestos-containing materials are used in an air duct system which is installed in any building in the state on or after the effective date of this chapter, such material shall be overcoated with a sealant adequate to preclude erosion of asbestos fibers. (Added by Stats. 1971, Ch. 382.) - 26100. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
This chapter is named the Toxic Mold Protection Act of 2001 and may be cited by that name.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26100. This chapter shall be known, and may be cited, as the Toxic Mold Protection Act of 2001. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26101. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
This section defines terms used in the toxic mold chapter.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26101. For purposes of this chapter, the following definitions apply: (a) “Affect” means to cause a condition by the presence of mold in the dwelling unit, building, appurtenant structure, common wall, heating system, or ventilating and air-conditioning system that affects the indoor air quality of a dwelling unit or building. (b) “Authoritative bodies” means any recognized national or international entities with expertise on public health, mold identification and remediation, or environmental health, including, but not limited to, other states, the United States Environmental Protection Agency, the World Health Organization, the American Conference of Governmental Industrial Hygienists, the New York City Department of Health, the Centers for Disease Control and Prevention, and the American Industrial Hygiene Association. (c) “Certified Industrial Hygienist” means a person who has met the education, experience, and examination requirements of an industrial hygiene certification organization as defined in Section 20700 of the Business and Professions Code. (d) “Code enforcement officer” means a local official responsible for enforcing housing codes and maintaining public safety in buildings using an interdepartmental approach at the local government level. (e) “Department” means the State Department of Health Services, designated as the lead agency in the adoption of permissible exposure limits to mold in indoor environments, mold identification and remediation efforts, and the development of guidelines for the determination of what constitutes mold infestation. (f) “Indoor environments” means the affected dwelling unit or affected commercial or industrial building. (g) “Mold” means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum, often found in water-damaged building materials. (h) “Person” means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution. (i) “Public health officer” means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26101.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must develop standards under this chapter in line with existing administrative law procedures for making regulations.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26101.5. All standards that the department develops pursuant to this chapter shall be in accordance with existing administrative law procedures applicable to the development of regulations. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26101.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must convene a task force to advise on standards development, and task force members serve voluntarily and pay their own participation costs.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26101.7. The department shall convene a task force which shall advise the department on the development of standards pursuant to Sections 26103, 26105, 26106, 26120, and 26130. The task force shall be comprised of representatives of public health officers, environmental health officers, code enforcement officers, experts on the health effects of molds, medical experts, certified industrial hygienists, mold abatement experts, representatives of government-sponsored enterprises, representatives from school districts or county offices of education, representatives of employees and representatives of employers, and affected consumers, which include, but are not limited to, residential, commercial and industrial tenants, homeowners, environmental groups, and attorneys, and affected industries, which include, but are not limited to, residential, commercial and industrial building proprietors, managers or landlords, builders, realtors, suppliers of building materials and suppliers of furnishings, and insurers. Task force members shall serve on a voluntary basis and shall be responsible for any costs associated with their participation in the task force. The department shall not be responsible for travel costs incurred by task force members or otherwise compensating task force members for costs associated with their participation in the task force. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26102. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must consider whether it would be feasible to adopt permissible exposure limits for mold in indoor environments.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26102. The department shall consider the feasibility of adopting permissible exposure limits to mold in indoor environments. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26103. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must, if feasible, adopt mold exposure limits for indoor environments and report progress to the Legislature by July 1, 2003.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26103. (a) If the department finds that adopting permissible exposure limits to mold in indoor environments is feasible, the department, in consultation with the task force convened pursuant to Section 26101.7, shall: (1) Adopt permissible exposure limits to mold for indoor environments that avoid adverse effects on health, with an adequate margin of safety, and avoid any significant risk to public health. (2) Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility when it adopts permissible exposure limits. (3) Utilize and include the latest scientific data or existing standards adopted by authoritative bodies. (4) Develop permissible exposure limits that target the general population. (b) The department shall consider all of the following criteria when it adopts permissible exposure limits for molds in indoor environments: (1) The adverse health effects of exposure to molds on the general population, including specific effects on members of subgroups that comprise a meaningful portion of the general population, which may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, immune compromised individuals, or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to molds. (2) The standards for molds, if any, adopted by authoritative bodies. (3) The technological and economic feasibility of compliance with the proposed permissible exposure limit for molds. For the purposes of determining economic feasibility pursuant to this paragraph, the department shall consider the costs of compliance to tenants, landlords, homeowners, and other affected parties. (4) Toxicological studies and any scientific evidence as it relates to mold. (c) The department may develop alternative permissible exposure limits applicable for facilities, which may include hospitals, child care facilities, and nursing homes, whose primary business is to serve members of subgroups that comprise a meaningful portion of the general population and are at greater risk of adverse health effects from molds than the general population. These subgroups may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, or immune compromised individuals. (d) The department shall report to the Legislature on its progress in developing the permissible exposure limit for molds by July 1, 2003. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26104. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must post notice when it begins preparing mold exposure limits, include supporting information and submission details, and review and update the limits on a five-year cycle or when specified changes occur.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26104. (a) (1) The department shall, at the time it commences preparation of the permissible exposure limits to mold, provide notice electronically by posting on its Internet Web site a notice that informs interested persons that the department has initiated work on the permissible exposure limits to mold. (2) The notice shall also include a brief description or a bibliography of the technical documents or other information the department has identified to date as relevant to the preparation of the permissible exposure limits. (3) The notice shall inform persons who wish to submit information concerning exposure to molds of the name and address of the person in the department to whom the information may be sent, the date by which the information must be received in order for the department to consider it in the preparation of the permissible exposure limits, and that all information submitted will be made available to any member of the public who makes the request. (b) The department may amend the permissible exposure limits to molds to make the limits less stringent if the department shows clear and convincing evidence that the permissible exposure limits to molds should be made less stringent and the amendment is made consistent with Section 26103. (c) The department may review, and consider adopting by reference, any information prepared by, or on behalf of the United States Environmental Protection Agency or other authoritative bodies, for the purpose of adopting national permissible exposure limits to molds. (d) At least once every five years, after adoption of permissible exposure limits to molds, the department shall review the adopted limits and shall, consistent with the criteria set forth in subdivisions (a) and (b) of Section 26103, amend the permissible exposure limits if any of the following occur: (1) Changes in technology or treatment techniques that permit a materially greater protection of public health. (2) New scientific evidence that indicates that molds may present a materially different risk to public health than was previously determined. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26105. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must adopt mold assessment standards, consider specified health and feasibility factors, avoid requiring air or surface testing for the determination, and report progress to the Legislature by July 1, 2003.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26105. (a) The department, in consultation with the task force convened pursuant to Section 26101.7, shall adopt practical standards to assess the health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment. (b) The department shall adopt assessment standards for molds that do the following: (1) Protect the public’s health. (2) Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility when it adopts assessment standards. (3) Utilize and include the latest scientific data or existing standards for the assessment of molds adopted by authoritative bodies. (4) Develop standards that target the general population. (5) The department shall ensure that air or surface testing is not required to determine whether the presence of mold constitutes a health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment. (c) The department shall consider all of the following criteria when it adopts standards for the assessment of molds in indoor environments: (1) The adverse health effects of exposure to molds on the general population, including specific effects on members of subgroups that comprise a meaningful portion of the general population, which may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, immune compromised individuals, or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to molds. (2) The standards for assessment of molds, if any, adopted by authoritative bodies. (3) The technological and economic feasibility of compliance with the proposed permissible exposure limit for molds. For the purposes of determining economic feasibility pursuant to this paragraph, the department shall consider the costs of compliance to tenants, landlords, homeowners, and other affected parties. (4) Any toxicological studies or additional scientific evidence. (d) The department shall report to the Legislature on its progress in developing the assessment standards for molds by July 1, 2003. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26106. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department may develop alternative assessment standards for certain facilities with higher mold-related health risk populations.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26106. The department may develop alternative assessment standards applicable for facilities, which may include hospitals, child care facilities, and nursing homes, whose primary business is to serve members of subgroups that comprise a meaningful portion of the general population and are at greater risk of adverse health effects to molds than the general population. These subgroups may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, or immune compromised individuals. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26107. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must give public notice when it starts preparing mold assessment standards, include background material in that notice, and later review the standards at least every five years and amend them when specified changes occur.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 1. General Provisions [26100 - 26107] ( Article 1 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26107. (a) (1) The department shall, at the time it commences preparation of standards for the assessment of molds, provide notice electronically by posting on its Internet Web site a notice that informs interested persons that the department has initiated work on the assessment standards. (2) The notice shall also include a brief description, or a bibliography, of the technical documents or other information the department has identified to date as relevant to the preparation of the assessment standards. (3) The notice shall inform persons who wish to submit information concerning the assessment of molds in indoor environments of the name and address of the person in the department to whom the information may be sent, the date by which the information must be received in order for the department to consider it in the preparation of the assessment standards, and that all information submitted will be made available to any member of the public who makes the request. (b) The department may review, and consider adopting by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency or other authoritative bodies, for the purpose of adopting national assessment standards for molds. (c) At least once every five years, after adoption of assessment standards for molds, the department shall review the adopted standards and shall, consistent with the criteria set forth in subdivisions (a), (b), and (c) of Section 26105, amend the standards if any of the following occur: (1) Changes in technology or treatment techniques that permit a materially greater protection of public health. (2) New scientific evidence that indicates that molds may present a materially different risk to public health than was previously determined. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26120. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must adopt mold identification guidelines for indoor environments, after consulting the task force named in Section 26101.7.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26120. The department, in consultation with the task force convened pursuant to Section 26101.7, shall adopt mold identification guidelines for the recognition of mold, water damage, or microbial volatile organic compounds in indoor environments. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26121. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. )
Identification guidelines must include scientifically valid methods for identifying mold, including sampling, visual and olfactory checks, laboratory analysis, moisture measurements, and other recognized analytical methods.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26121. Identification guidelines shall include scientifically valid methods to identify the presence of mold including elements for collection of air, surface and bulk samples, visual identification, olfactory identification, laboratory analysis, measurements of amount of moisture, and presence of mold and other recognized analytical methods used for the identification of molds. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26122. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must develop mold identification guidelines, consider specified scientific and practical criteria, may develop a building-inspection reporting form, and must report its progress to the Legislature by July 1, 2003. It may not require certain landlords or public entities to perform air or surface tests for mold exposure limits.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26122. (a) Identification guidelines developed by the department shall do all of the following: (1) Avoid adverse effects on the health of the general population, with an adequate margin of safety, and avoid any significant risk to public health. (2) Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility. (3) Utilize and include the latest scientific data or existing standards for the assessment of molds adopted by authoritative bodies. (b) The department shall consider all of the following criteria when it develops identification guidelines for mold: (1) Permissible exposure limits to molds developed by the State Department of Health Services pursuant to subdivisions (a) and (b) of Section 26103, or what constitutes a health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment, according to the department’s standards as developed pursuant to Section 26105. (2) Standards for mold identification, if any, adopted by authoritative bodies. (3) Professional judgment and practicality. (4) Toxicological reports or additional scientific evidence. (c) The department shall not require a commercial, industrial, or residential landlord or a public entity that rents or leases a unit or building to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to mold established by subdivisions (a), (b), and (c) of Section 26103. (d) The department shall develop a reporting form for building inspection that may be used to document the presence of mold. (e) The department shall report to the Legislature on its progress in developing identification guidelines for mold by July 1, 2003. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26123. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. )
The department may review and consider adopting by reference EPA or other authoritative mold information to support national mold identification standards.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26123. The department may review, and consider adopting by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency or other authoritative bodies, for the purpose of adopting national identification standards for molds. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26124. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. )
When the department starts preparing mold identification guidelines, it must post a notice on its website.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26124. (a) The department shall, at the time it commences preparation of identification guidelines for mold, electronically post on its Internet Web site a notice that informs interested persons that it has initiated work on the identification guidelines. (b) The notice shall include a brief description, or a bibliography, of the technical documents or other information the department has identified to date as relevant to the preparation of the identification guidelines for mold. (c) The notice shall inform persons who wish to submit mold identification information of the name and address of the person in the office to whom the information may be sent, the date by which the information must be received for the department to consider it in the preparation of the identification guidelines, and that all information submitted will be made available to any member of the public who makes the request. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26125. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must review its mold identification guidelines at least every five years and revise them when needed.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 2. Guidelines for Identification of Molds [26120 - 26125] ( Article 2 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26125. All identification guidelines for mold published by the department shall be reviewed at least once every five years and revised, as necessary, based upon the availability of new scientific data or information on effective mold identification. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26130. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must develop and disseminate remediation guidelines for molds in indoor environments, working in consultation with the task force under Section 26101.7.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26130. The department, in consultation with the task force convened pursuant to Section 26101.7, shall develop and disseminate remediation guidelines for molds in indoor environments. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26131. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must develop mold remediation guidelines, consider specified criteria, avoid requiring certain property holders to use special training or testing, and report progress to the Legislature by July 1, 2003.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26131. (a) Remediation guidelines for mold developed by the department shall do all of the following: (1) Provide practical guidance for the removal of mold and abatement of the underlying cause of mold and associated water intrusion and water damage in indoor environments. (2) Protect the public’s health. (3) Notwithstanding paragraph (2), balance the protection of public health with technological and economic feasibility. (4) Utilize and include toxicological reports, the latest scientific data, or existing standards for the remediation of molds adopted by authoritative bodies. (5) Provide practical guidance for the removal or cleaning of contaminated materials in a manner that protects the health of the person performing the abatement. (6) Include criteria for personal protective equipment. (7) Not require a landlord, owner, seller, or transferor, to be specially trained or certified or utilize the services of a specially qualified professional to conduct the mold remediation. (b) The department shall consider all of the following criteria when it develops remediation guidelines for mold: (1) Permissible exposure limits to molds developed by the department pursuant to subdivisions (a) and (b) of Section 26103, or what constitutes a health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment, according to the department’s guidelines as developed pursuant to Section 26105. (2) Guidelines for mold remediation, if any, adopted by authoritative bodies. (3) Professional judgment and practicality. (c) The department shall not require a commercial, industrial, or residential landlord, or a public entity that rents or leases a unit or building to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to mold established by subdivisions (a), (b), and (c) of Section 26103. (d) The department shall report to the Legislature on its progress in developing remediation standards for mold by July 1, 2003. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26132. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. )
When the department starts preparing mold remediation guidelines, it must post a notice online, include a brief description or bibliography of identified technical materials, and tell people how and by when to submit information. Submitted information must be made available to the public on request.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26132. (a) The department shall, at the time it commences preparation of remediation guidelines for mold, electronically post on its Internet Web site, a notice that informs interested persons that it has initiated work on the remediation standards. (b) The notice shall also include a brief description, or a bibliography, of the technical documents or other information the department has identified to date in the preparation of remediation guidelines for mold. (c) The notice shall inform persons who wish to submit information concerning mold remediation of the name and the address of the person in the office to whom the information may be sent, the date by which the information must be received in order for the department to consider it in the preparation of remediation standards, and that all information submitted will be made available to any member of the public who makes the request. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26133. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. )
The department may review and consider adopting by reference information from the EPA or other authoritative bodies for national mold remediation standards.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26133. The department may review, and consider adopting by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency or other authoritative bodies, for the purpose of adopting national remediation standards for molds. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26134. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. )
The department must provide mold-removal contracting information on request, review published mold remediation guidelines every five years, and develop and publish public education materials about mold.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 3. Guidelines for Remediation [26130 - 26134] ( Article 3 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26134. (a) The department shall make available to the public upon request, information about contracting for the removal of mold in a building or surrounding environment, including all of the following: (1) Recommended steps to take when contracting with a company to remove mold. (2) Existing laws, regulations, and guidelines developed by the department, pertaining to permissible exposure limits to mold infestation, identification, and remediation. (3) Basic health information as contained in existing mold publications. (b) All mold remediation guidelines published by the department shall be reviewed at least once every five years and revised, as necessary based upon the availability of new scientific data. (c) (1) The State Department of Health Services shall develop public education materials and resources to inform the public about the health effects of molds, methods to prevent, identify and remediate mold growth, resources to obtain information about molds, and contact information for individuals, organizations, or government entities to assist with public concerns about molds. (2) The department shall make its public education materials available to public health officers, environmental health officers, commercial and residential landlord organizations, homeowners’ organizations, and tenants’ organizations. These materials shall be readily available to the general public. (3) These materials shall be comprehensible to the general public. (4) These materials shall be produced to include other languages, in addition to English, to accommodate the diverse multicultural population of California. (5) These materials shall be made available on the department’s Internet Web site. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26140. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
A commercial or industrial property seller must give prospective buyers written disclosure about known mold conditions before title transfer, unless the mold has been remediated under the department’s guidelines.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26140. (a) Subject to subdivisions (b), (c), and (d), a seller or transferor of commercial or industrial real property shall provide written disclosure to prospective buyers as soon as practicable before the transfer of title when the seller or transferor knows of the presence of mold, both visible and invisible or hidden, that affects the unit or building and the mold either exceeds permissible exposure limits to molds established by subdivisions (a), (b), and (c) of Section 26103 or poses a health threat, according to the department’s guidelines as developed pursuant to Section 26105. (b) A seller or transferor of commercial or industrial real property shall be exempt from providing written disclosure pursuant to this subdivision if the presence of mold was remediated according to the mold remediation guidelines developed by the department pursuant to Section 26130. (c) A commercial or industrial real property seller shall not be required to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to molds established by subdivisions (a) and (b) of Section 26103. (d) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Amended by Stats. 2002, Ch. 386, Sec. 2. Effective January 1, 2003.) - 26141. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
Commercial and industrial landlords must give written mold disclosure to prospective and current tenants when they know mold is present and it exceeds limits or poses a health threat, subject to exceptions and delayed application rules.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26141. (a) Subject to subdivisions (c), (d), and (e), commercial and industrial landlords shall provide written disclosure to prospective and current tenants of the affected units as specified in subdivision (b), when the landlord knows that mold, both visible and invisible or hidden, is present that affects the unit or the building and the mold either exceeds the permissible exposure limits to molds established by subdivisions (a) and (b) of Section 26103 or poses a health threat according to the department’s guidelines as developed pursuant to Section 26105. (b) The written notice required by subdivision (a) shall be provided: (1) To prospective tenants as soon as practicable and prior to entering into the rental agreement. (2) To current tenants in affected units as soon as is reasonably practical. (c) A commercial and industrial landlord shall be exempt from providing written disclosure to prospective tenants pursuant to this section if the presence of mold was remediated according to the mold remediation guidelines developed by the department pursuant to Section 26130. (d) A commercial or industrial landlord shall not be required to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to molds established by subdivisions (a) and (b) of Section 26103. (e) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26142. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
Commercial or industrial tenants who know about mold or chronic water intrusion/flood must tell the landlord in writing within a reasonable time, and must let the property be available for assessment or remediation when the landlord is responsible for maintenance.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26142. (a) Any tenant of a commercial or industrial real property who knows that mold is present in the building, heating system, ventilating or air-conditioning system, or appurtenant structures, or that there is a condition of chronic water intrusion or flood, shall inform the landlord of this knowledge in writing within a reasonable period of time. The tenant shall make the property available to the landlord or his or her agents for appropriate assessment or remedial action as soon as is reasonably practicable if the landlord is responsible for maintenance of the property. Nothing in this section is intended to any way affect existing duties and obligations of residential tenants and landlords. (b) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Amended by Stats. 2002, Ch. 386, Sec. 3. Effective January 1, 2003.) - 26143. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
Commercial and industrial landlords with notice of mold or chronic water intrusion/flood conditions must assess for mold and do needed remediation within a reasonable time.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26143. (a) Commercial and industrial landlords, who know or have notice that mold is present in the building, heating system, ventilating or air-conditioning system, or appurtenant structures, or that there is a condition of chronic water intrusion or flood, have an affirmative duty, within a reasonable period of time, to assess the presence of mold or condition likely to result in the presence of mold and conduct any necessary remedial action. (b) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Amended by Stats. 2002, Ch. 386, Sec. 4. Effective January 1, 2003.) - 26144. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
This article does not apply to properties if the tenant is contractually responsible for maintenance, including remedial action.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26144. The requirements of this article shall not apply to properties where the tenant is contractually responsible for maintenance of the property, including any remedial action. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26145. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
A qualifying commercial or industrial tenant must promptly give the landlord written notice of mold or chronic water intrusion/flood conditions known to the tenant and must fix the condition under the lease terms.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26145. (a) Any tenant of a commercial or industrial real property who knows or is informed that mold is present in the building, heating system, ventilating or air-conditioning system, or appurtenant structures, or that there is a condition of chronic water intrusion or flood, and is responsible for maintenance of the property shall inform the landlord in writing of that knowledge as soon as is reasonably practicable and shall correct the condition in compliance with the terms of the contract with the landlord. (b) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Amended by Stats. 2002, Ch. 386, Sec. 5. Effective January 1, 2003.) - 26146. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
A public entity that owns, leases, or operates a building must give written mold/water-intrusion disclosure to occupants and prospective tenants when it knows or has reason to believe the building has chronic water intrusion, flood, or qualifying mold conditions.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26146. (a) A public entity that owns, leases, or operates a building shall provide written disclosure to all building occupants and prospective tenants as specified in subdivision (b) when the public entity knows, or has reasonable cause to believe, that a condition of chronic water intrusion or flood exists, or that mold, both visible and invisible or hidden, is present that affects the building or unit and the mold either exceeds the permissible exposure limits to molds established by subdivisions (a) and (b) of Section 26103, or poses a health threat according to the department’s guidelines developed pursuant to Section 26105. (b) The written notice required by subdivision (a) shall be provided: (1) To prospective tenants as soon as practicable and prior to entering into the rental agreement. (2) To current building occupants in affected units or buildings as soon as is reasonably practical. (c) A public entity shall be exempt from providing written disclosure to prospective tenants pursuant to subdivision (a) if the presence of mold was remediated according to the mold remediation guidelines developed by the department pursuant to Section 26130. (d) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26147. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
Residential landlords must give written mold disclosure to prospective and current tenants when they know or have reason to believe mold is present and the mold meets the stated threshold or health-threat condition.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26147. (a) Subject to subdivisions (b), (d), and (e), residential landlords shall provide written disclosure to prospective and current tenants of the affected units as specified in subdivision (b) when the residential landlord knows, or has reasonable cause to believe, that mold, both visible and invisible or hidden, is present that affects the unit or the building and the mold either exceeds the permissible exposure limits to molds established by subdivisions (a), (b), and (c) of Section 26103 or poses a health threat according to the department’s guidelines as developed pursuant to Section 26105. (b) Notwithstanding subdivision (a), a residential landlord shall not be required to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to molds established by subdivisions (a) and (b) of Section 26103. (c) The written disclosure required by subdivision (a) shall be provided: (1) To prospective tenants prior to entering into the rental or lease agreement. (2) To current tenants in affected units as soon as is reasonably practical. (d) A residential landlord shall be exempt from providing written disclosure to prospective tenants pursuant to this section if the presence of mold was remediated according to the mold remediation guidelines developed by the department pursuant to Section 26130. (e) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26148. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
Residential landlords must give prospective tenants a written mold-health disclosure using the department’s consumer booklet, and it must be provided before the rental or lease agreement is signed.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26148. (a) Residential landlords shall provide written disclosure to prospective tenants of the potential health risks and the health impact that may result from exposure to mold by distributing a consumer-oriented booklet developed and disseminated by the department. (b) The requirements of this section shall be provided to prospective residential tenants prior to entering the rental or lease agreement. (c) The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department approves the consumer-oriented booklet, as described in subdivision (a). (Amended by Stats. 2002, Ch. 664, Sec. 134. Effective January 1, 2003.) - 26149. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
This section says the article does not remove other legal duties or change existing rights, remedies, or defenses.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26149. (a) Nothing in this article shall relieve a seller, transferor, lessor, agent, landlord, or tenant from any responsibility for compliance with other obligations, laws, ordinances, codes, or regulations, including but not limited to the duties outlined in Sections 1941 and 1941.1 of the Civil Code and any other duties provided for under common law. (b) Nothing in this article shall alter or modify any right, remedy, or defense otherwise available under law. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26150. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
This section says the article does not change existing disclosure and inspection duties in real estate transactions.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26150. (a) Nothing in this article shall affect the existing obligations of the parties or transferor to a real estate contract, or their agents, to disclose any facts materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a of the Civil Code. (b) Nothing in this article shall be construed to change the existing inspection and disclosure duties of a real estate broker or salesperson including, but not limited to, those duties imposed by Section 2079 of the Civil Code. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26151. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
The section says the disclosure list in this article does not limit other disclosure duties that may apply, including duties needed to avoid fraud, misrepresentation, or deceit in a transfer transaction.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26151. The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law, or which may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26152. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
Items subject to disclosure requirements under this article are subject to enforcement under Article 5.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26152. All items subject to disclosure requirements pursuant to this article shall be subject to enforcement pursuant to Article 5 (commencing with Section 26154). (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26153. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. )
Transferors and listing or selling agents are generally not liable for certain errors, inaccuracies, or omissions in information delivered under this article if specified conditions are met.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 4. Disclosures [26140 - 26153] ( Article 4 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26153. Neither the transferor nor any listing or selling agent shall be held liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or omission was not within the personal knowledge of the transferor, or the listing or selling agent, or was based on information timely provided by public agencies, or by other persons providing relevant information by delivery of a report or opinion prepared by an expert dealing with matters within the relevant scope of the professional’s license or expertise, and ordinary care was exercised in obtaining and transmitting it. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26154. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 5. Enforcement [26154 - 26155] ( Article 5 added by Stats. 2001, Ch. 584, Sec. 2. )
Certain local and other government entities may respond to mold complaints and enforce specified mold standards and disclosure rules; no penalty may be assessed for a Section 26147 disclosure failure if the owner gives tenants disclosure using a substantially conforming department form.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 5. Enforcement [26154 - 26155] ( Article 5 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26154. Public health officers, code enforcement officers, environmental health officers, city attorneys, and any other appropriate government entities may respond to complaints about mold and may enforce standards adopted by the department, pursuant to subdivisions (a), (b), and (c) of Section 26103 and subdivisions (a), (b), and (c) of Section 26105, and enforce the disclosure requirements of Sections 26147 and 26148 that are developed by the department in consultation with the task force. The disclosure enforcement guidelines established by the department pursuant to this section shall include development of a form for disclosure and the penalties, if any, that may be imposed for failure to disclose. No penalty shall be assessed against an owner for failure to disclose under Section 26147 where the owner provides disclosure to the tenants in a form that substantially conforms to the disclosure form developed by the department. Local authority to enforce disclosure requirements pursuant to this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts disclosure enforcement guidelines for compliance with Sections 26147 and 26148. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26155. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 5. Enforcement [26154 - 26155] ( Article 5 added by Stats. 2001, Ch. 584, Sec. 2. )
After the State Department of Health Services submits proposed regulations, the Department of Consumer Affairs must consider and report on whether standards are needed for mold testing professionals and mold remediation specialists.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 5. Enforcement [26154 - 26155] ( Article 5 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26155. After the State Department of Health Services, pursuant to administrative law procedures, submits the proposed regulations developed pursuant to this chapter, the Department of Consumer Affairs, in consultation with representatives from the State Department of Health Services, the Department of Industrial Relations, and members of the task force convened by the department pursuant to Section 26101.7, shall consider and report on the need for standards for mold testing professionals and mold remediation specialists. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26156. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 6. Implementation [26156 - 26157] ( Article 6 added by Stats. 2001, Ch. 584, Sec. 2. )
This chapter is implemented only if the department determines that funds are available.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 6. Implementation [26156 - 26157] ( Article 6 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26156. This chapter shall be implemented only to the extent that the department determines that funds are available for the implementation of this chapter. (Added by Stats. 2001, Ch. 584, Sec. 2. Effective January 1, 2002.) - 26157. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 6. Implementation [26156 - 26157] ( Article 6 added by Stats. 2001, Ch. 584, Sec. 2. )
The department may accept voluntary contributions to support indoor mold hazard activities, and the money must go into a newly created state treasury fund.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 18. Toxic Mold [26100 - 26157] ( Chapter 18 added by Stats. 2001, Ch. 584, Sec. 2. ) ## ARTICLE 6. Implementation [26156 - 26157] ( Article 6 added by Stats. 2001, Ch. 584, Sec. 2. ) ## 26157. (a) The department may receive voluntary contributions to support the department’s activities in providing guidance, developing standards and guidelines and permissible exposure limits, and adopting regulations relating to indoor mold hazards, including, but not limited to, duties included under this chapter. (b) The contributions shall be deposited in the Public Health Protection from Indoor Mold Hazards Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department without regard to fiscal years and shall be used to support the department’s activities in providing guidance, developing standards and guidelines and permissible exposure limits, and adopting regulations relating to indoor mold hazards, including, but not limited to, duties included under this chapter to the extent that funding is available. (Added by Stats. 2002, Ch. 1161, Sec. 5.5. Effective September 30, 2002.) - 26200. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. )
The California Research Bureau must study fungal contamination in indoor environments, publish its findings, work with the State Department of Health Services, organize review panel meetings, and appoint a diverse panel of listed experts.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. ) ## 26200. (a) The California Research Bureau, in consultation with the State Department of Health Services, shall perform a study and publish findings on fungal contamination affecting indoor environments, in accordance with this chapter. (b) The California Research Bureau shall organize meetings of a review panel to assist in the preparation of appropriate content for the study. (c) The California Research Bureau shall appoint to the review panel a diverse group of professionals including, but not limited to, representatives of the following: (1) Health officers. (2) Environmental health directors. (3) Experts on the health effects of fungi. (4) Medical experts. (5) Mold testing experts. (6) Industrial hygienists. (7) Engineers. (Added by Stats. 2001, Ch. 550, Sec. 2. Effective January 1, 2002.) - 26201. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. )
The review panel must examine specified areas related to fungal contamination in indoor environments.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. ) ## 26201. The review panel shall examine the following areas relating to fungal contamination in indoor environments: (a) Medical and public health. (b) Evaluation and monitoring. (c) Remediation and prevention. (d) Educational materials. (e) Hazard communication. (f) Any other area identified by the review panel. (Added by Stats. 2001, Ch. 550, Sec. 2. Effective January 1, 2002.) - 26202. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. )
The panel must review fungal contamination topics and make findings, as resources and expertise allow.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. ) ## 26202. The panel shall review and, to the extent resources and expertise permit, make findings on all of the following: (a) The health effects of exposure to fungi, based on a review of the literature addressing immunology, infectious disease, and medical evaluation. (b) The practices for assessing fungal contamination, including the use of visual inspection, surface sampling, air monitoring, and the proper analysis of environmental samples. (c) To the extent feasible, the appropriateness of commercially available methods for identifying fungal contamination of building components including, but not limited to, walls, ventilation systems, and support beams. (d) The options for preventing and remediating fungal contamination in indoor environments. The findings are intended as a practical guide regarding options for building managers, homeowners, and members of the general public who may have concerns about fungal contamination in living and working environments. (e) Recommendations on hazard communication for distinct subpopulations, including workers employed in high-risk occupations. (f) The development of a recommended reading list related to molds, their health effects, their impacts on indoor air quality, and related topics for local government officials, including environmental health officers. (g) Any additional topical areas deemed appropriate by the review panel. (Added by Stats. 2001, Ch. 550, Sec. 2. Effective January 1, 2002.) - 26203. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. )
The California Research Bureau must submit the published study findings to the Legislature and the Director of Health Services by January 1, 2003.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. ) ## 26203. (a) By January 1, 2003, the California Research Bureau shall submit to the Legislature and the Director of Health Services the published findings of the study. (b) (1) The findings may provide relevant information to the State Department of Health Services for the purpose of establishing standards and guidelines on fungal contamination affecting indoor environments pursuant to Chapter 18 (commencing with Section 26100). (2) This subdivision may serve as a source of information for department programs relating to fungal contamination, including those provisions that become operative if Senate Bill 732 is enacted and adds Chapter 18 (commencing with Section 26100). (Added by Stats. 2001, Ch. 550, Sec. 2. Effective January 1, 2002.) - 26204. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. )
$25,000 from the identified Budget Act funds must be made available for contracts with outside researchers under this chapter.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 19. Fungal Contamination Review Panel and Research Program [26200 - 26204] ( Chapter 19 added by Stats. 2001, Ch. 550, Sec. 2. ) ## 26204. Of the funds identified in provision (2) of Item 6120-011-0001 of the Budget Act of 2001, twenty-five thousand dollars ($25,000) shall be made available to be used for contracts for outside researchers pursuant to this chapter. (Added by Stats. 2001, Ch. 550, Sec. 2. Effective January 1, 2002.) - 26205. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
This chapter is named the Code Enforcement Officer Standards Act and may be cited by that name.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26205. This chapter shall be known, and may be cited, as the Code Enforcement Officer Standards Act. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26206. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
This section defines several terms used in the chapter.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26206. For purposes of this chapter, the following terms have the following meanings: (a) “Board” means the duly elected Board of Directors of the California Association of Code Enforcement Officers. (b) “CACEO” means the California Association of Code Enforcement Officers, a public benefit corporation domiciled in California. (c) “Certified Code Enforcement Officer” or “CCEO” means a person registered or certified as described in this chapter. (d) “Code enforcement officer” has the same meaning as defined in Section 829.5 of the Penal Code. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26207. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
The board must set and maintain standards for CCEOs, review education-program applications, and enforce renewal and approval rules for program providers. CCEOs cannot have arrest power unless local law authorizes it, cannot access summary criminal history information, and disqualified persons cannot be designated or certified.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26207. (a) The board shall develop and maintain standards for the various classes of CCEOs that it designates. The standards for education, training, and certification shall be adopted by administrative rule of the board, and they shall be no less than as described in this chapter. CCEOs shall not have the power of arrest except as authorized by the city, county, or city and county charter, code, or regulation in which they operate. CCEOs shall not have access to summary criminal history information pursuant to this section, but persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105 of the Penal Code if the criteria specified in that section is otherwise met. A person may not be designated or certified as a CCEO under this section if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. (b) The board shall review all applications from cities, counties, cities and counties, and accredited educational institutions who seek to develop and provide education designed to qualify their students, participants, or employees as CCEOs. All applications that are submitted on approved forms that, subject to the board’s review and approval, demonstrate the equivalency of the standards adopted under the rules of the board shall qualify as Certified Code Enforcement Officer Education Program Providers (program providers). All program providers are subject to ongoing program review and evaluation under the board’s administrative rules. A program provider shall renew its program provider application and obtain approval under the board’s administrative rules no later than 36 months from the date of the last approval or else it shall lapse and be subject to renewal under the board’s administrative rules. All students, participants, or employees who successfully pass the minimum education and certification requirements of the program providers approved curriculum shall, subject to the same fees as other registered CCEOs under the board’s administrative rules, be granted status as CCEOs in an equivalent manner as applicants who attained certification or registration status through the CACEO educational and certification programs and academies. (c) The development and perpetual advancement of code enforcement officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priority for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of code enforcement officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26208. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
The board must set minimum training, qualification, and experience requirements for CCEO applicants, and may add more certification classes by administrative rule.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26208. The board’s administrative rules shall designate minimum training, qualifications, and experience requirements for applicants to qualify for the CCEO designation, including, but not limited to, training and competency requirements in the areas of land use and zoning laws, health and safety codes, substandard housing abatement, environmental regulations, sign standards, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement. The board may, by administrative rule, designate additional classes of certifications to help meet its mission. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26209. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
The board must continually publish its CCEO list on the CACEO website, including specified registrant details, but a residential business address must be kept confidential.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26209. The board shall conspicuously and continually publish its list of CCEOs on the CACEO Internet Web site, containing the registrant’s full name, summary status as to individual disciplinary concerns, active or inactive status, date of active CCEO expiration, and business address, unless the business address is a residence, which shall be treated as confidential. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26210. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
A CCEO must have a valid CACEO certificate, stay a member in good standing of the CACEO, and comply with continuing education and registration requirements set by the board’s administrative rules.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26210. A CCEO shall hold a valid certificate designating the person as a CCEO issued by the CACEO, shall at all times remain a member in good standing of the CACEO, and shall be subject to ongoing continuing education and registration requirements as designated by the board’s administrative rules. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26211. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
If continuing education requirements are not maintained, certification lapses and becomes inactive CCEO status unless redeemed.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26211. Failure to maintain the continuing education requirements shall cause the certification status to lapse, subject to redemption as specified by the board’s administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CCEO status unless it is redeemed. The rights, privileges, and procedures or limitations on redemption of inactive CCEOs shall be specified in the board’s administrative rules. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26212. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
The board must set annual fees that are reasonably related to and necessary for administering this chapter, and it must publish and maintain the fees on the CACEO website and at headquarters.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26212. The board shall annually set fees in amounts that are reasonably related and necessary to cover the cost of administering this chapter. The fees shall be set by the board and published on the CACEO Internet Web site and maintained at the CACEO’s headquarters. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26213. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
The board must keep a register of each application for a certificate of registration under this chapter.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26213. The board shall maintain a register of each application for a certificate of registration under this chapter. The register shall include all of the following: (a) The name, residence, date of birth, and driver’s license number (including state or country of origin) of the applicant. (b) The name and address of the employer or business of the applicant. (c) The date of the application. (d) The education and experience qualifications of the applicant. (e) The action taken by the board regarding the application and the date of the action. (f) The serial number of any certificate of registration issued to an applicant. (g) Any other information required by board rule. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26214. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
A person may not claim to be, or use the title of, a Certified Code Enforcement Officer in this state unless the person holds the required certificate of registration.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26214. A person may not hold himself or herself out to be a Certified Code Enforcement Officer in this state or use the title “Certified Code Enforcement Officer” in this state unless the person holds a certificate of registration pursuant to this chapter. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26215. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
The board must create a timely review process for applicants certified by another agency and let them seek review for possible CCEO recognition. If full recognition is denied, the board must give written reasons and required next steps. Recognition fees must follow Section 26212.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26215. The board shall, by administrative rule, create a process to timely consider and review all applicants who hold certification from any other agency, and allow them to seek review and potential approval of the qualifications to potentially be recognized as a CCEO in this state. A denial of full recognition as a CCEO shall be accompanied by written justification and a list of required steps that may be required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26212. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26216. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
The board must adopt rules and procedures for handling false or missing registration information, imposing discipline or certification sanctions for cause, and giving notice and a hearing before adverse action.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26216. (a) The board shall adopt administrative rules to process information, investigate allegations or suspicions of applicants or licensees providing false information, failing to disclose material information on the registration application, or not providing any information that may, either before or during the certification process, disqualify the applicant or certificant under subdivision (a) of Section 26207. The board shall adopt procedures and guidelines to impose any discipline, revocation of certification, or sanction, for cause, against any applicant, registrant, or certificant. (b) The administrative rules shall provide the applicant or registrant with adequate and fair notice and hearing opportunities prior to the board taking any adverse action against the applicant or certificant. (c) Any factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against a registration or certification shall result in an order after hearing that meets the fair notification requirements of this section. (d) All orders after hearing shall be deemed final under the board’s authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26217. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. )
This chapter must not be read to duplicate, overlap with, or conflict with certain certification and continuing education requirements for construction inspectors, plans examiners, and building officials.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20. Certified Code Enforcement Officers [26205 - 26217] ( Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2. ) ## 26217. This chapter shall not be construed to duplicate, overlap, or otherwise conflict with the certification and continuing education requirements for construction inspectors, plans examiners, and building officials established pursuant to Chapter 7 (commencing with Section 18949.25) of Part 2.5 of Division 13. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) - 26220. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
This section says chapter 20.5 is called the Animal Control Officer Standards Act and may be cited by that name.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26220. This chapter shall be known, and may be cited, as the Animal Control Officer Standards Act. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26221. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
This section defines key terms used in the chapter.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26221. (a) “Board” means the Board of Directors of the California Animal Welfare Association. (b) “CalAnimals” means the California Animal Welfare Association, a public benefit corporation domiciled in California. (c) “Certified animal control officer” or “CACO” means a person certified as described in this chapter. (d) “Animal control officer” has the same meaning as defined in paragraph (8) of subdivision (d) of Section 241 of the Penal Code. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26222. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
The board must set and maintain standards for certified animal control officers, and certain training and continuing education requirements apply.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26222. (a) The board shall develop and maintain standards for various classes of CACOs. The standards for education, training, and certification shall be adopted by administrative rule of the board, and shall not be less rigorous than those described in this chapter. A CalAnimals training committee shall review the standards and provide input to the board for adoption. (b) The development and perpetual advancement of animal control officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priorities for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of animal control officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount. (c) The minimum standards to become a certified animal control officer are as follows: (1) Completion of at least 20 hours of a course of training in animal care sponsored or provided by an accredited postsecondary institution or any other provider approved by the California Veterinary Medical Association, the focus of which is the identification of disease, injury, and neglect in domestic animals and livestock. (2) Completion of at least 40 hours of a course of training on state laws relating to the powers and duties of an officer charged with enforcing laws relating to the humane treatment of animals sponsored or provided by an accredited postsecondary institution, law enforcement agency, or CalAnimals. Training required pursuant to Section 830.9 of the Penal Code, as prescribed in Section 832 of the Penal Code, does not satisfy the minimum of 40 hours of training required by this paragraph. The course shall include, but not be limited to, training and competency requirements in the areas of administrative inspection, relevant food and agricultural laws, Penal Code provisions governing the treatment of animals and animal-related crimes, state and local health and safety codes, environmental regulations, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement. (3) During each three-year period following the date on which the certification was earned, completion of 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which shall be sponsored or provided by an accredited postsecondary institution, law enforcement agency, or CalAnimals. Documentation shall be served to CalAnimals no later than 21 days after the expiration of each three-year period. (4) An individual who has become a CACO in accordance with paragraph (1) shall complete the continuing education and training as required in this section from the date their certification is granted by the board. (d) If an applicant has, before January 1, 2020, successfully completed the training required by paragraphs (1) and (2) of subdivision (c) within the previous 10 years of the applicant’s employment as an animal control officer, the board shall deem the applicant to have satisfied the training requirements of those paragraphs. (e) The board may, by administrative rule, designate additional levels of certification. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26223. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
The board must keep a registry for each certificate-of-registration application and include specified application details in it.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26223. The board shall maintain a registry of each application for a certificate of registration under this chapter. The registry shall include all of the following: (a) The name, residence, date of birth, and driver’s license number, including state or country of origin, of the applicant. (b) The name and address of the employer or business of the applicant. (c) The date of the application. (d) The education and experience qualifications of the applicant. (e) The action taken by the board regarding the application and the date of the action. (f) The serial number of a certificate of registration issued to the applicant. (g) Any other information required by board rule. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26224. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
The board must create a process to promptly review certain applicants and let them seek recognition as a CACO; denials must include written reasons and required next steps, and recognition fees are set under Section 26229.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26224. The board shall, by administrative rule, create a process to promptly consider and review all applicants who hold certification from any other agency, and allow them to seek review and approval of the qualifications to be recognized as a CACO in this state. A denial of full recognition as a CACO shall be accompanied by written justification and a list of steps that are required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26229. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26225. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
The board must continuously publish its list of CACOs on the CalAnimals website with each CACO’s name, active/inactive status, expiration date, and business address, except a residence address must be kept confidential.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26225. The board shall conspicuously and continually publish its list of CACOs on the CalAnimals internet website containing the CACO’s full name, summary status as to active or inactive status, date of active CACO expiration, and business address, unless the business address is a residence, which shall be treated as confidential. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26226. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
A CACO must hold a valid CalAnimals certificate, have recent qualifying employment in California, and stay current with continuing education and registration requirements.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26226. A CACO shall hold a valid certificate designating the person as a CACO issued by CalAnimals, shall be currently employed or previously employed within a three-year period in an animal control officer job classification in California, and shall be current and compliant with ongoing continuing education and registration requirements as designated by the board’s administrative rules. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26227. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
If a CACO does not maintain continuing education requirements, the active certification lapses and becomes inactive unless it is redeemed.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26227. Failure to maintain the continuing education requirements shall cause a CACO’s active certification status to lapse, subject to redemption as specified by the board’s administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CACO status unless it is redeemed. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26228. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
A person may not claim to be a CACO or use the title “certified animal control officer” in this state unless they hold a valid certificate of registration under the chapter.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26228. A person may not purport to be a CACO in this state or use the title “certified animal control officer” in this state unless the person holds a valid certificate of registration pursuant to this chapter. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26229. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
The board must annually set and impose fees, and publish the fee schedule on the CalAnimals website.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26229. The board shall annually set and impose fees in amounts that do not exceed the reasonable amount necessary to cover the costs of administering those services pursuant to this chapter. The schedule of fees shall be published on the CalAnimals internet website. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26230. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. )
The board must adopt rules and procedures for investigating false or missing information in registration applications and for disciplining, revoking, or sanctioning applicants or CACOs for cause.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 20.5. Animal Control Officer Standards Act [26220 - 26230] ( Chapter 20.5 added by Stats. 2019, Ch. 622, Sec. 2. ) ## 26230. (a) The board shall adopt administrative rules to process information and investigate allegations or suspicions of an applicant or a CACO providing false information, failing to disclose material information on the registration application, or failing to provide information that may, either before or during the certification process, disqualify the applicant or CACO. The board shall adopt procedures and guidelines to impose discipline, revocation of certification, or sanction, for cause, against an applicant or CACO. (b) The administrative rules shall provide the applicant or CACO with adequate and fair notice and an opportunity for a hearing before the board takes adverse action against the applicant or CACO. (c) A factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against an applicant or a CACO shall result in an order after hearing that meets the fair notification requirements of this section. (d) An order after notice and an opportunity for a hearing shall be deemed final under the board’s authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure. (Added by Stats. 2019, Ch. 622, Sec. 2. (AB 1125) Effective January 1, 2020.) - 26250. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections [26250- 26250.] ( Chapter 21 added by Stats. 2018, Ch. 263, Sec. 1. )
Local officials inspecting commercial properties generally may not be accompanied by someone with a potential financial interest, and certain contract inspectors may not seek remediation compensation from the owner.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections [26250- 26250.] ( Chapter 21 added by Stats. 2018, Ch. 263, Sec. 1. ) ## 26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business. (2) The agent or representative of the owner of the property or business. (3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business. (4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection. (b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection. (c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local official’s designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations. (d) For purposes of this section, the following definitions shall apply: (1) “Agent or representative” may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection. (2) “Local government” means a city, including a charter city, county, or city and county. (3) “Local official” means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers. (4) “Person with a potential financial interest in the outcome of the inspection” is any of the following: (A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official. (B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services. (e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law. (Added by Stats. 2018, Ch. 263, Sec. 1. (AB 2485) Effective January 1, 2019.) - 26275. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 22. Trash Receptacles and Storage Containers [26275- 26275.] ( Chapter 22 added by Stats. 2022, Ch. 244, Sec. 2. )
Manufacturers and certain owners must mark qualifying trash receptacles and storage containers with reflectors and labels, and violations can lead to escalating fines.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 22. Trash Receptacles and Storage Containers [26275- 26275.] ( Chapter 22 added by Stats. 2022, Ch. 244, Sec. 2. ) ## 26275. (a) (1) A manufacturer who sells or provides for compensation a trash receptacle or storage container that is on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side. (2) An owner, other than a manufacturer, of a trash receptacle or storage container that is on a roadway or the curb of a roadway in order to be emptied or picked up shall mark the trash receptacle or storage container with a reflector on each side. (b) (1) Subject to paragraphs (2), (3), and (4), a trash receptacle or storage container subject to subdivision (a) shall have at least eight strips of reflective tape, each a minimum of two inches wide and two feet long. One tape strip shall be applied horizontally to each of the top and bottom portions of the four corners where the vertical walls of the trash receptacle or storage container meet, and be oriented so that approximately 12 inches of each tape strip is visible on each of the two outside walls to which it is applied. The reflective tape shall be fluorescent yellow and be made of high-performance retroreflective sheeting of American Society for Testing and Materials D4956-13 Type V, VIII, IX, or XI. (2) If reflective tape cannot be applied to a trash receptacle or storage container in the manner prescribed in paragraph (1) because of the design or a physical characteristic of the trash receptacle or storage container, the reflective tape shall be placed as close to the top and bottom of the trash receptacle or storage container as possible or on the center of the smaller outside facing walls of the trash receptacle or storage container. (3) A trash receptacle or storage container subject to subdivision (a) shall not be required to comply with the requirements in paragraphs (1) and (4) if the reflectors were applied to the trash receptacle or storage container before January 1, 2025. (4) For a storage container transported by truck and trailer, the reflective tape shall be fluorescent yellow, red, white, or alternating red and white, and be made of high-performance retroreflective sheeting of American Society for Testing and Materials D4956-13 Type IX or XI. (c) An owner of a trash receptacle or storage container that is on a roadway or the curb of a roadway in order to be emptied or picked up shall clearly label the trash receptacle or storage container with the owner’s name and current telephone number. (d) (1) A manufacturer or an owner who violates this section shall be guilty of an infraction punishable by a fine of one hundred dollars ($100) for the first violation of this section if not corrected within 14 days of notice, five hundred dollars ($500) for the second violation of this section if not corrected within 14 days of notice, and one thousand dollars ($1,000) for the third violation, or any subsequent violation, of this section if not corrected within 14 days of notice. The fines shall be deposited into the Accident Prevention and Road Safety Fund, which is hereby created in the State Treasury. Moneys in the fund are available upon appropriation by the Legislature. (2) The Attorney General, or the district attorney or city attorney in the location where the violation is observed, may enforce this section. (3) For purposes of this subdivision, a violation means the failure to mark an individual trash receptacle or storage container as required pursuant to subdivision (a), (b), or (c). (4) For purposes of this subdivision, “owner” shall not mean a local governmental entity. (e) This section only applies to trash receptacles and storage containers that are longer than three feet in length and taller than four feet in height. (f) For purposes of this section, “provides for compensation” includes containers that are rented or provided as part of a service for which the owner or manufacturer receives compensation. (Amended by Stats. 2025, Ch. 232, Sec. 1. (SB 731) Effective January 1, 2026.) - 26300. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. )
This section defines key terms used in Chapter 23 about battery standards for electric bicycles, powered mobility devices, and storage batteries.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. ) ## 26300. For purposes of this chapter, the following terms have the following meanings: (a) “Accredited testing laboratory” means an independent laboratory accredited by an accreditation body to ISO 17025 or ISO 17065, or a Nationally Recognized Testing Laboratory (NRTL). (b) “Certification” means the attestation by an accredited testing laboratory that the equipment, device, or product has been evaluated and tested and found to conform to the standards specified in this chapter. (c) “Charging system” means dedicated chargers used for charging an electric bicycle, a powered mobility device, or storage batteries that are either in place or removed from electric bicycles or powered mobility devices for charging. (d) “Complete electrical system” means all electric components of an electric bicycle or powered mobility device, including, but not limited to, drive units, batteries, battery management systems, interconnected wiring, charging systems, and power inlets. (e) (1) “Electric bicycle” means a bicycle with electric assistance as defined in Section 312.5 of the Vehicle Code. (2) Devices advertised as “e-bikes,” “e-bicycles,” “electric bikes,” or other variations that are substantially similar to an electric bicycle are subject to the same standards as an electric bicycle. (f) “Nationally recognized testing laboratory” (NRTL) means an organization that meets the qualifications provided in Section 1910(b) of Title 29 of the Code of Federal Regulations and is recognized as an NRTL by the United States Department of Labor, Occupational Safety and Health Administration’s (OSHA) Nationally Recognized Testing Laboratory Program. (g) “Office” means the Office of the State Fire Marshal. (h) (1) “Powered mobility device” includes any of the following: (A) A motorized scooter as defined in subdivision (a) of Section 407.5 of the Vehicle Code. (B) A motorized bicycle or moped as defined in subdivision (a) of Section 406 of the Vehicle Code. (C) An off-highway motorcycle as defined in Section 436 of the Vehicle Code. (D) Any other personal mobility device powered by a lithium-ion storage battery. (2) “Powered mobility device” does not include electric bicycles, wheelchairs, or other mobility devices designed for use by persons with disabilities, a vehicle that is powered by an internal combustion engine, or a vehicle required to be registered with the Department of Motor Vehicles. (i) “Storage battery” means any of the following: (1) A rechargeable lithium-ion traction battery that supplies electrical power to the motor that propels an electric bicycle or powered mobility device, and includes a replacement original equipment traction battery for those devices. (2) A battery sold as part of a kit intended to convert a bicycle into an electric bicycle or powered mobility device. (3) A lithium-ion battery advertised as suitable for use with an electric bicycle or powered mobility device. (Added by Stats. 2024, Ch. 791, Sec. 1. (SB 1271) Effective January 1, 2025. Operative January 1, 2026, pursuant to Section 26305.) - 26301. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. )
The State Fire Marshal must prepare and adopt California Fire Code regulations that promote fire and electrical safety for electric bicycles, powered mobility devices, and storage batteries.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. ) ## 26301. The State Fire Marshal shall prepare and adopt regulations in the California Fire Code (Part 9 of Title 24 of the California Code of Regulations) in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) that promote the fire and electrical safety of electric bicycles, powered mobility devices, and storage batteries. (Added by Stats. 2024, Ch. 791, Sec. 1. (SB 1271) Effective January 1, 2025. Operative January 1, 2026, pursuant to Section 26305.) - 26302. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. )
This section generally prohibits selling, leasing, or offering covered electric bicycles, powered mobility devices, charging systems, and storage batteries unless specified testing, certification, and labeling requirements are met.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. ) ## 26302. (a) A person shall not distribute, sell, lease, or offer for sale or lease an electric bicycle unless the storage battery for the electric bicycle has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849 or EN 15194, or other safety standard for electric bicycles as the office has established by rule. (b) A person shall not distribute, sell, lease, or offer for sale or lease 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. (c) A person shall not distribute, sell, lease, or offer for sale or lease a storage battery unless the storage battery meets either of the following: (1) The storage battery is designed for a powered mobility device and has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271 or other safety standard for powered mobility devices as the office has established by rule. (2) The storage battery is designed for an electric bicycle and has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard as the office has established by rule, or is part of a complete electrical system for an electric bicycle that has been tested by an accredited laboratory for compliance with ANSI/CAN/UL 2849, EN 15194, or other safety standard as the office has established by rule. (d) Charging systems advertised, distributed, sold, leased, or offered for sale or lease for use with a particular electric bicycle, powered mobility device, or storage battery shall be certified for use with that electric bicycle, powered mobility device, or storage battery. (e) (1) A person shall not distribute, sell, lease, or offer for sale or lease an electric bicycle, powered mobility device, charging system, or storage battery unless the logo, wordmark, label, or name of an accredited testing laboratory and the applicable certification standard used to show compliance is permanently affixed directly on the electric bicycle or its electrical system, the powered mobility device, the charging system, or the battery of the electric bicycle or powered mobility device. (2) A person shall not be required to display the logo, wordmark, label, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, charging system, or storage battery is being sold or leased secondhand. (Added by Stats. 2024, Ch. 791, Sec. 1. (SB 1271) Effective January 1, 2025. Operative January 1, 2026, pursuant to Section 26305.) - 26303. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. )
A person may not rent electric bicycles, charging systems, powered mobility devices, storage batteries, or related charging systems unless the items have the required testing or certification; rental of the items also does not require displaying a testing-lab logo or label.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. ) ## 26303. (a) A person shall not rent or offer for rental an electric bicycle unless the battery for the electric bicycle has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard for electric bicycles the office has established by rule. (b) A person shall not rent or offer for rental an electric bicycle charging system unless the charging system has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard for electric bicycle charging systems the office has established by rule, and, if it is being rented for use with a specific electric bicycle, it is certified for use with that electric bicycle’s battery. (c) A person shall not rent or offer for rental a powered mobility device unless the powered mobility device has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272. (d) A person shall not rent or offer for rental a powered mobility device charging system unless the charging system has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272 and, if it is being rented for use with a specific powered mobility device, it is certified for use with that powered mobility device’s battery. (e) A person shall not rent or offer for rental a storage battery unless the storage battery meets either of the following: (1) The storage battery is designed for a powered mobility device and has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2271. (2) The storage battery is designed for an electric bicycle and has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849, EN 15194, or other safety standard as the office has established by rule, or is part of a complete electrical system for an electric bicycle that has been tested by an accredited laboratory for compliance with ANSI/CAN/UL 2849, EN 15194, or other safety standard as the office has established by rule. (f) A person shall not rent or offer for rental a storage battery charging system unless the charging system has been tested by an accredited testing laboratory for compliance with a charger standard referenced in UL 2272, UL 2849, EN 15194, or other safety standard for storage battery charging systems the office has established by rule and, if it is being rented for use with a specific storage battery, it is certified for use with that storage battery. (g) A person shall not be required to display the logo, wordmark, label, or name of an accredited testing laboratory if the electric bicycle, powered mobility device, or storage battery is being rented. (h) This section shall become operative on January 1, 2028. (Added by Stats. 2024, Ch. 791, Sec. 1. (SB 1271) Effective January 1, 2025. Operative January 1, 2028, by its own provisions.) - 26304. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. )
Specified sellers and suppliers must give a true and accurate copy of the product’s test report when requested.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. ) ## 26304. A manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, or storage battery subject to testing under this chapter shall provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. (Added by Stats. 2024, Ch. 791, Sec. 1. (SB 1271) Effective January 1, 2025. Operative January 1, 2026, pursuant to Section 26305.) - 26305. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. )
This chapter, except Section 26303, becomes operative on January 1, 2026.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 23. Battery Standards for Electric Bicycles, Powered Mobility Devices, and Storage Batteries [26300 - 26305] ( Chapter 23 added by Stats. 2024, Ch. 791, Sec. 1. ) ## 26305. This chapter, except Section 26303, shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 791, Sec. 1. (SB 1271) Effective January 1, 2025.) - 27. Verify source ↗
## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )
This section defines several act names by listing the code sections that each name refers to.
## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 27. For purposes of this code: (a) “Communicable Disease Prevention and Control Act” means Sections 104730, 104830 to 104860, inclusive, 113150, 113155, Part 1 (commencing with Section 120100) of, Chapter 1 (commencing with Section 120325, but excluding Section 120380) of Part 2 of, Part 3 (commencing with Section 120500) of, and Part 5 (commencing with Section 121350) of, Division 105. (b) “Hereditary Disorders Act” means Article 1 (commencing with Section 124975) of Chapter 1 of Part 5 of Division 106, and Sections 125050, 125055, 125060, and 125065. (c) “Maternal and Child Health Program Act” means Section 120380, Chapter 4 (commencing with Section 103925) of Part 2 of Division 102, Article 4 (commencing with Section 116875) of Chapter 5 of Part 12 of Division 104, Article 1 (commencing with Section 123225) of Chapter 1 of Part 2 of Division 106, Article 2 (commencing with Section 125000) of Chapter 1 of Part 5 of Division 106, and Sections 125075 to 125110, inclusive. (d) “Miscellaneous Food, Food Facility, and Hazardous Substances Act” means Chapter 4 (commencing with Section 108100), Chapter 6 (commencing with Section 108675), and Chapter 7 (commencing with Section 108750) of Part 3 of, Chapter 3 (commencing with Section 111940), Chapter 4 (commencing with Section 111950), Chapter 5 (commencing with Section 112150), Chapter 6 (commencing with Section 112350), Chapter 7 (commencing with Section 112500), Chapter 8 (commencing with Section 112650), Chapter 9 (commencing with Section 112875), Chapter 10 (commencing with Section 113025), and Article 3 (commencing with Section 113250) of Chapter 11, of Part 6 of, and Chapter 4 (commencing with Section 113700) of Part 7 of, Division 104. (e) “Primary Care Services Act” means Chapter 1 (commencing with Section 124400), Chapter 2 (commencing with Section 124475), Chapter 3 (commencing with Section 124550), Chapter 4 (commencing with Section 124575), Chapter 5 (commencing with Section 124600), Chapter 6 (commencing with Section 124800), and Article 1 (commencing with Section 124875) of Chapter 7 of, Part 4 of Division 106. (f) “Radiologic Technology Act” means Sections 106965 to 107115, inclusive, and Chapter 6 (commencing with Section 114840) of Part 9 of Division 104. (Amended by Stats. 2023, Ch. 42, Sec. 11. (AB 118) Effective July 10, 2023.) - 27000. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
This chapter is named the Protecting Our Kids from Social Media Addiction Act and may be cited by that name.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27000. This chapter shall be known, and may be cited, as the Protecting Our Kids from Social Media Addiction Act. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27000.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
This section defines key terms used in the chapter, including “addictive feed,” “addictive internet-based service or application,” “media,” “minor,” “operator,” “parent,” and “user.”
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27000.5. For purposes of this chapter, the following terms have the following meanings: (a) “Addictive feed” means an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users are, either concurrently or sequentially, recommended, selected, or prioritized for display to a user based, in whole or in part, on information provided by the user, or otherwise associated with the user or the user’s device, unless any of the following conditions are met, alone or in combination with one another: (1) The information is not persistently associated with the user or user’s device, and does not concern the user’s previous interactions with media generated or shared by others. (2) The information consists of search terms that are not persistently associated with the user or user’s device. (3) The information consists of user-selected privacy or accessibility settings, technical information concerning the user’s device, or device communications or signals concerning whether the user is a minor. (4) The user expressly and unambiguously requested the specific media or media by the author, creator, or poster of the media, or the blocking, prioritization, or deprioritization of such media, provided that the media is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the user or the user’s device, except as otherwise permitted by this chapter and, in the case of audio or video content, is not automatically played. (5) The media consists of direct, private communications between users. (6) The media recommended, selected, or prioritized for display is exclusively the next media in a preexisting sequence from the same author, creator, poster, or source and, in the case of audio or video content, is not automatically played. (7) The recommendation, selection, or prioritization of the media is necessary to comply with this chapter or any regulations promulgated pursuant to this chapter. (b) (1) “Addictive internet-based service or application” means an internet website, online service, online application, or mobile application, including, but not limited to, a “social media platform” as defined in Section 22675 of the Business and Professions Code, that offers users or provides users with an addictive feed as a significant part of the service provided by that internet website, online service, online application, or mobile application. (2) “Addictive internet-based service or application” does not apply to either of the following: (A) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof. (B) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage. (c) “Media” means text, audio, an image, or a video. (d) “Minor” means an individual under 18 years of age who is located in the State of California. (e) “Operator” means a person who operates or provides an internet website, an online service, an online application, or a mobile application. (f) “Parent” means a parent or guardian, including as defined in regulations promulgated pursuant to this chapter. (g) “User” means a person who uses an internet website, online service, online application, or mobile application. “User” does not include the operator or a person acting as an agent of the operator. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27001. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
Operators of addictive internet-based services or apps must not provide an addictive feed to a user unless they meet the listed age or parental-consent conditions.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27001. (a) It shall be unlawful for the operator of an addictive internet-based service or application to provide an addictive feed to a user unless either of the following is met: (1) (A) Except as provided in subparagraph (B), the operator does not have actual knowledge that the user is a minor. (B) Commencing January 1, 2027, the operator has reasonably determined that the user is not a minor, including pursuant to regulations promulgated by the Attorney General. (2) The operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor. (b) Information collected for the purpose of determining a user’s age or verifying parental consent pursuant to this chapter shall not be used for any purpose other than compliance with this chapter or with another applicable law. The information collected shall be deleted immediately after it is used to determine a user’s age or to verify parental consent, except as necessary to comply with state or federal law. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27002. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
Operators of addictive internet-based services or apps must block or limit certain notifications and provide parental control settings for minor users.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27002. (a) (1) Except as provided in paragraph (2), it shall be unlawful for the operator of an addictive internet-based service or application, between the hours of 12 a.m. and 6 a.m., in the user’s local time zone, and between the hours of 8 a.m. and 3 p.m., from Monday through Friday from September through May in the user’s local time zone, to send notifications to a user if the operator has actual knowledge that the user is a minor unless the operator has obtained verifiable parental consent to send those notifications. (2) Commencing January 1, 2027, it shall be unlawful for the operator of an addictive internet-based service or application, between the hours of 12 a.m. and 6 a.m., in the user’s local time zone, and between the hours of 8 a.m. and 3 p.m., from Monday through Friday from September through May in the user’s local time zone, to send notifications to a user whom the operator has not reasonably determined is not a minor, including pursuant to regulations promulgated by the Attorney General, unless the operator has obtained verifiable parental consent to send those notifications. (b) The operator of an addictive internet-based service or application shall provide a mechanism through which the verified parent of a user who is a minor may do any of the following: (1) Prevent their child from accessing or receiving notifications from the addictive internet-based service or application between specific hours chosen by the parent. This setting shall be set by the operator as on by default, in a manner in which the child’s access is limited between the hours of 12 a.m. and 6 a.m., in the user’s local time zone. (2) Limit their child’s access to any addictive feed from the addictive internet-based service or application to a length of time per day specified by the verified parent. This setting shall be set by the operator as on by default, in a manner in which the child’s access is limited to one hour per day unless modified by the verified parent. (3) Limit their child’s ability to view the number of likes or other forms of feedback to pieces of media within an addictive feed. This setting shall be set by the operator as on by default. (4) Require that the default feed provided to the child when entering the internet-based service or application be one in which pieces of media are not recommended, selected, or prioritized for display based on information provided by the user, or otherwise associated with the user or the user’s device, other than the user’s age or status as a minor. (5) Set their child’s account to private mode, in a manner in which only users to whom the child is connected on the addictive internet-based service or application may view or respond to content posted by the child. This setting shall be set by the operator as on by default. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27003. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
This section says the chapter does not require service operators to give parents extra access to or control over a child’s data or accounts, and it does not stop good-faith actions to restrict media access or availability.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27003. (a) This chapter shall not be construed as requiring the operator of an addictive internet-based service or application to give a parent any additional or special access to, or control over, the data or accounts of their child. (b) This chapter shall not be construed as preventing any action taken in good faith to restrict access to, or availability of, media. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27004. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
An operator may refuse services to minors, but an addictive internet-based service or application may not punish users or parents by reducing quality or raising prices because they use chapter rights or protections.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27004. (a) An operator may choose not to provide services to minors. However, the operator of an addictive internet-based service or application shall not withhold, degrade, lower the quality of, or increase the price of, any product, service, or feature, other than as required by this chapter, due to a user or parent availing themselves of the rights provided by this chapter, or due to the protections required by this chapter. (b) A parent’s provision of consent as described in Section 27001 or 27002, or the use by a parent of a mechanism as described in Section 27002, does not waive, release, otherwise limit, or serve as a defense to, any claim that the parent, or that the user who is a minor or was a minor at the time of using the internet-based service or application, might have against the operator of an addictive internet-based service or application regarding any harm to the mental health or well-being of the user. (c) The protections provided by this chapter are in addition to those provided by any other applicable law, including, but not limited to, the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28) of Part 4 of Division 3 of the Civil Code). (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27005. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
Operators of addictive internet-based services or applications must publicly disclose certain minor-user counts every year.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27005. An operator of an addictive internet-based service or application shall publicly disclose, on an annual basis, the number of minor users of its addictive internet-based service or application, and of that total the number for whom the operator has received verifiable parental consent to provide an addictive feed, and the number of minor users as to whom the controls set forth in Section 27002 are or are not enabled. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27006. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
The Attorney General is the only person who may enforce this chapter in a civil action, and must adopt regulations by January 1, 2027.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27006. (a) This chapter may only be enforced in a civil action brought in the name of the people of the State of California by the Attorney General. (b) The Attorney General shall adopt regulations to further the purposes of this chapter, including regulations regarding age assurance and parental consent by January 1, 2027. The Attorney General may adopt regulations that provide for exceptions to this chapter, but only if those exceptions further the purpose of protecting minors. (c) In promulgating the regulations described in subdivision (b), the Attorney General shall solicit public comment regarding the impact that any regulation might have based on the nondiscrimination characteristics set forth in Section 51 of the Civil Code or in any other applicable law. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 27007. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. )
If part of this chapter is invalid, the rest of the chapter still applies if it can work without the invalid part.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 24. Protecting Our Kids from Social Media Addiction Act [27000 - 27007] ( Chapter 24 added by Stats. 2024, Ch. 321, Sec. 2. ) ## 27007. If any provision of this chapter, or application thereof, to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Added by Stats. 2024, Ch. 321, Sec. 2. (SB 976) Effective January 1, 2025.) - 28. Verify source ↗
## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )
This section says “recycled water” and “reclaimed water” mean the same thing as recycled water defined in the Water Code.
## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 28. For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code. (Added by renumbering Section 27 (as added by Stats. 1995, Ch. 28) by Stats. 1996, Ch. 1023, Sec. 105. Effective September 29, 1996.) - 2800. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This section defines “pest” for this chapter.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 2800. “Pest,” as used in this chapter, includes any plant, animal, insect, fish, or other matter or material, not under human control, which is offensive to the senses or interferes with the comfortable enjoyment of life, or which is detrimental to the agricultural industry of the State, and is not protected under any other provision of law. (Amended by Stats. 1945, Ch. 957.) - 2800.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This section defines “public nuisance” for this chapter to include certain pest-related conditions and water breeding places.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 2800.5. As used in this chapter, “public nuisance” includes, but is not limited to, both of the following: (a) Any breeding place or place of growth of a pest for which a district may be initiated under Section 2822, which exists by reason of any use made of the land on which it is found, or which exists by reason of any artificial change in the natural condition of the land on which it is found. The presence of any immature stages of any pest, or the rooted stages of any plant pest, shall constitute prima facie evidence the place is a breeding place for the pest. (b) Water which is a breeding place for any pest for which a district may be initiated under Section 2822. (Repealed and added by Stats. 1984, Ch. 911, Sec. 43. Effective September 7, 1984.) - 28000. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 25. Social Media Warning Law [28000 - 28002] ( Chapter 25 added by Stats. 2025, Ch. 671, Sec. 2. )
This chapter is named the Social Media Warning Law.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 25. Social Media Warning Law [28000 - 28002] ( Chapter 25 added by Stats. 2025, Ch. 671, Sec. 2. ) ## 28000. This chapter shall be known as the Social Media Warning Law. (Added by Stats. 2025, Ch. 671, Sec. 2. (AB 56) Effective January 1, 2026. Operative January 1, 2027, pursuant to Section 28002.) - 28001. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 25. Social Media Warning Law [28000 - 28002] ( Chapter 25 added by Stats. 2025, Ch. 671, Sec. 2. )
This section defines “covered platform” for this chapter and excludes several types of services from that term.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 25. Social Media Warning Law [28000 - 28002] ( Chapter 25 added by Stats. 2025, Ch. 671, Sec. 2. ) ## 28001. (a) For purposes of this chapter, “covered platform” has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. (b) “Covered platform” does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization. (Added by Stats. 2025, Ch. 671, Sec. 2. (AB 56) Effective January 1, 2026. Operative January 1, 2027, pursuant to Section 28002.) - 28002. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 25. Social Media Warning Law [28000 - 28002] ( Chapter 25 added by Stats. 2025, Ch. 671, Sec. 2. )
Covered platforms must show a black-box warning to users when they first access the platform and again after three hours of active use, then at least hourly, subject to an over-17 exception.
## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 25. Social Media Warning Law [28000 - 28002] ( Chapter 25 added by Stats. 2025, Ch. 671, Sec. 2. ) ## 28002. (a) (1) (A) For each calendar day in which a user uses a covered platform, the covered platform shall display, pursuant to subparagraph (B), the black box warning described in subdivision (b) to the user when the user initially accesses the covered platform. (B) The black box warning required by this paragraph shall be displayed clearly and continuously for a duration of at least 10 seconds, unless the user affirmatively dismisses the warning by clicking on a conspicuous “X” icon. That black box warning shall be displayed in a manner that occupies at least 25 percent of the screen or window that the user is using to access the covered platform. (C) A covered platform shall not be required to display the black box warning required by this paragraph to a user if it has reasonably determined that the user is over 17 years of age. (2) (A) For each calendar day in which a user uses a covered platform, the covered platform shall display, pursuant to subparagraph (B), the black box warning described in subdivision (b) after three hours of cumulative active use and thereafter at least once per hour of cumulative active use. (B) The black box warning required by this paragraph shall be displayed clearly and continuously for a duration of at least 30 seconds, without providing the ability to bypass or click through the warning, in a manner that occupies at least 75 percent of the screen or window that the user is using to access the covered platform. (C) A covered platform shall not be required to display the black box warning required by this paragraph to a user if it has reasonably determined that the user is over 17 years of age. (b) The black box warning consists of the following text displayed clearly, conspicuously, and legibly in black text on a white background: “The Surgeon General has warned that while social media may have benefits for some young users, social media is associated with significant mental health harms and has not been proven safe for young users.” (c) The provision of the notice required by this section or a user affirmatively dismissing the notice do not waive, release, otherwise limit, or serve as a defense to, any claim, including claims premised on failure to warn, other than a claim premised on a violation of this section. (d) Nothing in this chapter shall be interpreted to serve as the basis for a private right of action under this chapter or any other law. (e) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) This chapter shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 671, Sec. 2. (AB 56) Effective January 1, 2026.) - 2801. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This chapter is additional to other laws on pest or nuisance abatement.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 2801. This chapter is supplemental to any other provision of law relating to the abatement of pests or nuisances. (Enacted by Stats. 1939, Ch. 60.) - 2802. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. )
This section defines “district” for this chapter as a pest abatement district formed under this chapter or under a superseded law.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 2802. “District,” as used in this chapter, means any pest abatement district formed pursuant to this chapter or pursuant to any law which it supersedes. (Enacted by Stats. 1939, Ch. 60.) - 2803. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. )
A person must not restrain, hinder, obstruct, threaten, or interfere with district officers or employees doing their duties, or with work done by or under the district’s direction; violating this is a misdemeanor.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 2803. Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in the performance of that person’s duties as an officer or employee, or any person who interferes with any work done by, or under the direction of, the district, is guilty of a misdemeanor. (Amended by Stats. 1984, Ch. 911, Sec. 44. Effective September 7, 1984.) - 2804. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. )
If governmental agencies dispute how to abate or prevent a public nuisance, the matter may be appealed to the State Director of Health Services within 10 days. The director must take testimony, decide the appeal, and send the decision to the parties within 30 days.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 2804. In case of a dispute between governmental agencies on the need, or the methods and materials to be used, to abate or prevent a public nuisance under this chapter, the matter shall be subject to appeal to the State Director of Health Services within 10 days from the date the dispute arises. The director shall take testimony on the issue, shall decide the matter on appeal, and shall convey his decision to the parties within 30 days of the receipt of the appeal. The decision of the director shall be final and conclusive. (Added by Stats. 1984, Ch. 911, Sec. 45. Effective September 7, 1984.) - 2805. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. )
Certain pest abatement district employees who handle pesticides for public health must be certified as vector control technicians, and the state department must set related rules, records, fees, and suspension procedures.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Definitions and General Provisions [2800 - 2805] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 2805. (a) Except as otherwise provided in subdivision (b), every pest abatement district employee who handles, applies, or supervises the use of any pesticide for public health purposes, shall be certified by the state department as a vector control technician in at least one of the following categories commensurate with assigned duties: (1) Mosquito control. (2) Terrestrial invertebrate vector control. (3) Vertebrate vector control. (b) The state department may establish by regulation exemptions from the requirements of this section that are deemed reasonably necessary to further the purposes of this section. (c) The state department shall establish by regulation minimum standards for continuing education for any government agency employee certified under Section 116110 and regulations adopted pursuant thereto, who handles, applies, or supervises the use of any pesticide for public health purposes. (d) An official record of the completed continuing education units shall be maintained by the state department. If a certified technician fails to meet the requirements set forth under subdivision (c), the state department shall suspend the technician’s certificate or certificates and immediately notify the technician and the employing district. The state department shall establish by regulation procedures for reinstating a suspended certificate. (e) The state department shall charge and collect a nonreturnable renewal fee of one hundred twenty dollars ($120) to be paid by each continuing education certificant on or before the first day of July, or on any other date that is determined by the state department. Each person employed on September 29, 1996, in a position that requires certification shall first pay the annual fee the first day of the first July following that date. All new certificants shall first pay the annual fee the first day of the first July following their certification. (f) The state department shall collect and account for all money received pursuant to this section and shall deposit it in the Vectorborne Disease Account provided for in Section 116112. Notwithstanding Section 116112, fees deposited in the Vectorborne Disease Account pursuant to this section shall be available for expenditure, upon appropriation by the Legislature, to implement this section. (g) Fees collected pursuant to this section shall be subject to the annual fee increase provisions of Section 100425. (Amended by Stats. 2008, Ch. 758, Sec. 8. Effective September 30, 2008.) - 2822. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
A pest abatement district may be started by petition that describes the proposed district’s boundaries and the pests to be controlled or abated.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2822. The organization of a pest abatement district may be initiated by a petition, describing the exterior boundaries of the proposed district, and the nature of the pest or pests to be controlled or abated. (Enacted by Stats. 1939, Ch. 60.) - 2822.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
A petition must state how property in the district will be taxed for district purposes.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2822.5. The petition shall state the basis on which the property in the district shall be taxed for district purposes. The petition may include a plan for zones of benefit or other proposal which would provide equity in financing the district’s purposes. (Amended by Stats. 1984, Ch. 911, Sec. 46. Effective September 7, 1984.) - 2823. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
A petition may set the maximum assessment rate the district can levy.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2823. The petition may fix the maximum rate of assessments that may be levied by the district. (Enacted by Stats. 1939, Ch. 60.) - 2824. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
A petition must be signed by registered voters who live in the proposed district, in a number equal to 10% of the votes cast there for Governor at the last gubernatorial election. Each signer must also state their address.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2824. The petition shall be signed by registered voters residing in the proposed district equal in number to ten per cent of the votes cast in the proposed district for Governor at the last preceding gubernatorial election. The petition may consist of any number of separate instruments, which shall be duplicates, except for the signatures and addresses of the signers. Each person who signs the petition shall also state his address. (Enacted by Stats. 1939, Ch. 60.) - 2825. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
A petition for a proposed pest abatement district must be presented to the county clerk, who must compare the petition signatures with voter records.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2825. The petition shall be presented to the clerk of the county in which the land in the proposed district is situated. The clerk shall compare the signatures on the petition with the signatures of the registered voters on his records for the purpose of ascertaining whether the petition meets the signature requirements of this article. (Enacted by Stats. 1939, Ch. 60.) - 2826. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
If a petition lacks enough signatures, the county clerk must certify that fact. More signatures can be submitted within 60 days, and the clerk must compare them the same way as the originals.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2826. If the petition lacks sufficient signatures the county clerk shall certify that fact, and at any time within sixty days thereafter additional signatures may be presented to supplement the signatures on the original petition. The additional signatures shall be compared by the clerk in the same manner as the original signatures. If sufficient additional signatures are not presented, proceedings under the petition shall be terminated, without prejudice to the right to file a new petition. (Enacted by Stats. 1939, Ch. 60.) - 2827. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
If a petition has the required number of signatures, the clerk must certify that fact and submit the petition and certificate to the board of supervisors.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2827. If the petition contains the requisite number of signatures the clerk shall make a certificate to that effect, and shall present the petition and his certificate to the board of supervisors. (Enacted by Stats. 1939, Ch. 60.) - 2828. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
If a petition is properly presented, the board of supervisors must set a hearing date by resolution and publish notice of the hearing.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2828. If the board of supervisors finds that the petition has been properly presented, the board shall, by resolution, fix a time for hearing the petition, which shall be not less than two nor more than five weeks from the time of its presentation. It shall also publish a notice of the time and place of the hearing in a newspaper of general circulation, printed and published in the county, for not less than two weeks prior to the time of the hearing. (Enacted by Stats. 1939, Ch. 60.) - 2829. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
At the hearing, the board of supervisors must hear and consider relevant testimony or evidence about forming the district and the proposed financing method.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2829. At the time of the hearing, or at any time to which it may be adjourned, the board of supervisors shall hear and consider all competent and relevant testimony or evidence offered in support of, or in opposition to, the formation of the district, and the proposed method of financing. (Amended by Stats. 1984, Ch. 911, Sec. 47. Effective September 7, 1984.) - 2830. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The board of supervisors may change proposed district boundaries, and may exclude or include land in certain cases.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2830. The board of supervisors may make such changes in the proposed boundaries of the district as it may consider advisable. It may exclude any land in the proposed district upon the application of the owner, or it may include any land outside and contiguous to the proposed district upon the application of the owner, if it determines that the exclusion or inclusion is proper. (Enacted by Stats. 1939, Ch. 60.) - 2831. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
If the board of supervisors finds the proposed territory’s public interest or welfare requires a district, it must adopt a resolution declaring its findings and ordering the territory formed as a district.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2831. If, upon the hearing, the board of supervisors determines that the public interest or welfare of the proposed territory and its inhabitants requires the formation of the district, it shall, by resolution, declare its findings and order that the territory within the boundaries determined by it is a district, under an appropriate name to be selected by it. (Enacted by Stats. 1939, Ch. 60.) - 2832. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The clerk of the board of supervisors must immediately record and file a certified copy of the order, and the district is then formed as a pest abatement district.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2832. The clerk of the board of supervisors shall immediately record a certified copy of the order in the office of the county recorder in which the district is situated and also file a certified copy with the Secretary of State. The district is then formed as a pest abatement district, with all of the rights, privileges, and powers set forth in this chapter, and those necessarily incident thereto. (Amended by Stats. 1959, Ch. 504.) - 2833. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The district board may change the district’s name by a two-thirds vote, and must send a certified copy of the resolution to the county board of supervisors.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2833. If at any time after the board of supervisors has entered its order for organization good cause appears therefor, the district board may, by a two-thirds vote of its members, adopt a resolution reciting the facts, declaring the advisability for a change of the district’s name, and setting forth therein a new name for the district. A certified copy of such resolution shall be transmitted to the board of supervisors of the county in which the district is situated. (Added by Stats. 1971, Ch. 276.) - 2834. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
After receiving the certified resolution, the board of supervisors must change the district’s name and file certified copies of the order with specified offices.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2834. Upon receipt of the certified copy of the resolution the board of supervisors shall: (a) Enter an order changing the district’s name to the name set forth in the resolution. (b) Record a certified copy of the order in the office of the county recorder of the county in which the district is situated. (c) File a certified copy of the order in the office of the Secretary of State. (d) File a certified copy of the order in the office of the State Board of Equalization. From and after the date of the filing of the certified copy with the Secretary of State the new name shall be the official name of the district. (Added by Stats. 1971, Ch. 276.) - 2835. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. )
The board of supervisors may add to or delete from the pests the district may control, but only with district board concurrence and after the stated petition, notice, and public hearing steps. It may also change the district taxation method at the hearing as authorized by Section 2822.5.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Formation [2822 - 2835] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 2835. Upon a petition adopted by a four-fifths vote of the district board, or upon its own motion following the notice the board of supervisors deems sufficient and a public hearing, the board of supervisors, may, with the concurrence of the district board, add to, or delete from, the list of pests which the district may control. The board of supervisors at the hearing may also consider, and make changes in, the method of district taxation, as authorized by Section 2822.5, as though a new district were being formed. (Added by Stats. 1984, Ch. 911, Sec. 48. Effective September 7, 1984.) - 2850. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. )
After incorporation, the board of supervisors must appoint a board of trustees with 5 to 9 members.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 2850. Within 30 days after incorporation the board of supervisors shall appoint a board of trustees, consisting of not less than five nor more than nine members to act as the governing body of the district. At any time after the appointment of the initial board of trustees the board of supervisors may, at the request of the existing board of trustees of the district, increase or decrease the number of members of the board of trustees, but such board shall under no circumstances consist of less than five nor more than nine members. (Amended by Stats. 1947, Ch. 890.) - 2851. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. )
District board members serve without compensation, but they may be reimbursed for necessary expenses, and the board may set a business-meeting expense allowance by resolution up to $100 per meeting.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 2851. The members of the district board shall hold office at the pleasure of the board of supervisors. They shall serve without compensation, but shall be allowed their necessary traveling and other expenses incurred in performance of their official duties. In lieu of expenses, the district board may, by resolution, provide for the allowance and payment to each member of the board of a sum not exceeding one hundred dollars ($100) as expenses incurred in attending each business meeting of the board. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 9. Effective January 1, 2006.) - 2852. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. )
The district board may take necessary or proper steps to exterminate the pests named in the district petition, but its actions remain subject to control by the city or other public authorities with jurisdiction.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 2852. The district board may take all necessary or proper steps for the extermination of the pest or pests mentioned in the petition for the organization of the district, subject to the control of city or other public authorities having jurisdiction in the matter. (Enacted by Stats. 1939, Ch. 60.) - 2853. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. )
A district may destroy a record if it does so under the cited Government Code chapter.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Administration [2850 - 2853] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 2853. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 20. Effective January 1, 2006.) - 2855. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
The district board may carry out listed district powers, including purchasing property, hiring labor, acquiring and selling property, entering property for pest-related purposes, and assessing civil penalties up to $500 per day for noncompliance.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2855. The district board may do all of the following: (a) Purchase supplies and other personal property. (b) Employ necessary labor. (c) Acquire by purchase, condemnation, or otherwise, in the name of the district, any lands, rights-of-way, easements, or other real property necessary for the district. (d) Sell or lease any lands, rights-of-way, easements, material, or other property, real or personal, acquired by the district. (e) Make contracts to indemnify or compensate any owner of land or other property for any injury or damage caused by the exercise of the powers conferred by this chapter or of powers incident to those powers. (f) Sue and be sued. (g) Enter upon, without hindrance or notice, any property, either within the district or so reasonably adjacent that pests may disperse into the district, for any of the following purposes: (1) To inspect to ascertain the presence of pests or their breeding places. (2) To abate public nuisances in accordance with this article through direct control or through notice to the property owner to abate the public nuisance. (3) To ascertain if a notice to abate a public nuisance has been complied with. (4) To treat the property with any physical, chemical, or biological control measures deemed appropriate by the district board. (h) Assess civil penalties, as determined in the discretion of the district board, but not to exceed five hundred dollars ($500) per day for each day that a notice or hearing order to abate a nuisance has not been complied with. (i) Exercise the powers authorized by Section 2270 if the pests the district is empowered to control fall within the meaning of “vector,” as defined in subdivision (f) of Section 2200. (j) Do everything necessary to carry out the powers conferred by this chapter and carry out the objects of the formation of the district. (Amended by Stats. 1984, Ch. 911, Sec. 50. Effective September 7, 1984.) - 2855.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
For certain real property sales, the district board must set the sale location within the district, and the property must be sold to the highest bidder at public auction with the required public notice.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2855.3. Every sale of real property made pursuant to subdivision (d) of Section 2855 shall be made at such place within the district as the district board shall specify, and such real property shall be sold to the highest bidder at public auction, after notice of sale is published once a week for two successive weeks in a newspaper of general circulation published in the district or county. If a newspaper of general circulation is not printed and published within such district or county, public notice of the sale shall be given for at least two weeks by notices posted in three public places in the district. (Added by Stats. 1974, Ch. 465.) - 2855.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
The district board may borrow money and issue warrants, but borrowing cannot exceed the fiscal year’s anticipated revenue, must be repaid in the same fiscal year, and interest cannot exceed 6% annually or semiannually.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2855.7. The district board may borrow money in any fiscal year, which shall not exceed the anticipated revenue of that fiscal year and which shall be repaid in the same fiscal year. Such money shall be borrowed upon such other terms as the board shall fix; provided, that interest shall not exceed 6 percent, computed annually or semiannually. The district board may also issue warrants payable upon a future date in the same fiscal year as issued, which shall be evidentiary of the obligation to repay the money so borrowed and interest thereon, and for that purpose such warrant may bear such interest as is fixed by the terms of the agreement to repay. (Added by Stats. 1974, Ch. 465.) - 2856. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
A nuisance may be abated in an action or proceeding using any remedy provided by this article or any other law.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2856. Any nuisance may be abated in any action or proceeding by any remedy provided by this article or any other law. (Added by Stats. 1974, Ch. 465.) - 2857. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
If a nuisance exists in or near the district and pests may migrate into it, the district board may give written notice to the owner, possessor, or their agent.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2857. Whenever a nuisance exists upon any property, either in the district or in territory not in the district but so situated with respect to the district that pests from the territory migrate into, or otherwise encroach upon, the district, the district board may notify in writing the owner or party in possession, or the agent of either, of the existence of the nuisance. The contents of the written notice shall conform to the requirements of Section 2858. (Amended by Stats. 1984, Ch. 911, Sec. 51. Effective September 7, 1984.) - 2858. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
A pest abatement notice must include the nuisance finding, the nuisance location, abatement instructions, recurrence-prevention work, a penalty warning, and hearing/service information.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2858. The notice required by Section 2857 shall include all of the following: (a) State the finding of the district that a public nuisance exists on the property and the location of the nuisance on the property. (b) Direct the owner or party in possession to abate the nuisance within a specified time by destroying the pests which are present. (c) Direct the owner or party in possession to perform, within a specified time, any work necessary to prevent the recurrence of the pests in the places specified in the notice. (d) Inform the owner or party in possession that failure to comply with the requirements of subdivision (b) shall subject the owner or party in possession to civil penalties of not more than five hundred dollars ($500) per day for each day the nuisance continues after the time specified for the abatement of the nuisance in the notice. (e) Inform the owner or party in possession that before complying with the requirements of the notice, the owner or party in possession may appear at a hearing before the district board at a time and place stated in the notice. The notice shall be served upon the owner of record and the person having charge or possession, if other than the owner of record, of the property upon which the nuisance exists, and may be served by any person authorized by the district board in the same manner as a summons in a civil action. (Amended by Stats. 1984, Ch. 911, Sec. 52. Effective September 7, 1984.) - 2860. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
When the owner is hard to find or not present, notice may be served by posting it on the property for 10 days and mailing a copy to the owner of record.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2860. If the property is owned by a person who is not a resident of the district, and is not in charge or possession of any person, and there is no tenant or agent of the owner upon whom service can be made, who can after diligent search be found; or if the owner of record of the property cannot after diligent search be found, the notice may be served by posting a copy in a conspicuous place upon the property for a period of 10 days, and by mailing a copy to the owner of record addressed to his address as given on the last completed assessment roll of the county in which the property is situated, or, in the absence of an address on the roll, to his last known address. (Added by Stats. 1974, Ch. 465.) - 2861. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
An owner or person in possession may ask for a hearing before the board before complying with a notice, and the board must decide whether the notice’s initial finding is correct and allow testimony. If the board finds a nuisance, it must order compliance, and noncompliance can lead to civil penalties of up to $500 per day.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2861. Before complying with the requirements of the notice, the owner or party in possession may appear at a hearing before the board at a time and place fixed by the board and stated in the notice. At the hearing the district board shall determine whether the initial finding as set forth in the notice is correct and shall permit the owner or party in possession to present testimony in his behalf. If, after hearing all the facts, the board makes a determination that a nuisance exists on the property, the board shall order compliance with the requirements of the notice or with alternate instructions issued by the board. Any failure to comply with any such order of the board issued pursuant to this section shall subject the owner or party in possession, if other than the owner of record, to civil penalties of not to exceed five hundred dollars ($500) per day for each day such order is not complied with. (Added by Stats. 1974, Ch. 465.) - 2861.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
Judicial review of administrative procedure under this chapter must follow Section 1094.5 of the Code of Civil Procedure.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2861.5. Any judicial review of administrative procedure provided for in this chapter shall be pursuant to Section 1094.5 of the Code of Civil Procedure. (Added by Stats. 1974, Ch. 465.) - 2861.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
If a nuisance happens again, it may be treated as continuing the original nuisance.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2861.7. Any recurrence of the nuisance may be deemed to be a continuation of the original nuisance. (Amended by Stats. 1984, Ch. 911, Sec. 53. Effective September 7, 1984.) - 2862. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
If a nuisance is not abated within the time stated in the notice or in an order after the hearing, the district board may abate it.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2862. If the nuisance is not abated within the time specified in the notice or an order following the hearing, the district board may abate the nuisance. (Amended by Stats. 1984, Ch. 911, Sec. 54. Effective September 7, 1984.) - 2862.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
A property owner must repay the district for nuisance abatement costs, unless the statute’s hearing and finding conditions for requiring payment are not met.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2862.5. The cost of abating a nuisance shall be repaid to the district by the owner of the property. However, the owner shall not be required to pay for the costs unless, either prior to or subsequent to the abatement by the district, a hearing is held by the district board, at which the property owner is afforded an opportunity to be heard, and the district board determines that a nuisance actually exists or that a nuisance existed prior to the abatement by the district. (Added by Stats. 1984, Ch. 911, Sec. 55. Effective September 7, 1984.) - 2863. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
If a nuisance is found on property controlled by a state or local agency, the district must notify that agency, and the district may abate the nuisance if the agency does not. The agency can appeal certain board decisions within 10 days, and the director must decide the appeal within 30 days.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2863. When any nuisance is found to exist on any property subject to the control of any state or local agency, the district shall notify the state or local agency of the existence of the nuisance. Sections 2858, 2860, 2861, 2861.5, and 2862 shall govern the contents of the notice and the manner of serving it, the right of the state or local agency to a hearing before the board, the hearing before the board, and the power of the district to abate the nuisance if it is not abated by the state or local agency. If the state or local agency determines that the order to prevent recurrence of the breeding specified in the notice to abate the nuisance is excessive or inappropriate for the intended use of the land, or if the state or local agency determines that a nuisance, as specified in Section 2800.5, does not exist, the agency may appeal the decision of the board to the State Director of Health Services within 10 days subsequent to the hearing. The director shall decide the matters on appeal and convey his or her decision to the agency and district within 30 days of the receipt of the appeal. The decision of the director shall be final and conclusive. If the control of the nuisance is performed by the district, the cost for that control is a charge against, and shall be paid from, the maintenance fund or from other funds for the support of the state or local agency. Any state or local agency and a district may enter into contractual agreements to provide control of nuisances. The authority which is granted by this paragraph is in addition to any other authority which a state or local agency and a district may have to enter into contractual agreements for the control of public nuisances, as defined in Section 2800.5. As used in this section, “state agency” means an agency defined in Section 11000 of the Government Code, and “local agency” means a city, county, city and county, district, or other public corporation. (Amended by Stats. 1984, Ch. 911, Sec. 56. Effective September 7, 1984.) - 2864. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
If the property owner or possessor does not pay the district’s abatement costs or civil penalties, those amounts can become a lien on the property once notice is filed and recorded.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2864. Upon the failure of the property owner or the person in possession of the property to pay the district for all sums expended by the district in abating a nuisance or preventing its recurrence, or upon the failure to pay all civil penalties, the costs or penalties, or both, shall become a lien upon the property on which the nuisance was abated or its recurrence prevented when notice of the lien is filed and recorded. However, if the property has been conveyed prior to the recordation of the lien, the lien shall not attach to the real property, but shall remain the debt of the person who owned the land at the time the costs were incurred, and the debt may be recovered by the district board against the debtor, as provided in Section 2866. (Repealed and added by Stats. 1984, Ch. 911, Sec. 58. Effective September 7, 1984.) - 2864.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
When the lien is received, the county assessor and tax collector must add the lien amount to the next regular tax bill for the parcel.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2864.7. A copy of the filed and recorded lien may be given to the county assessor and tax collector, who, upon receipt of the lien, shall add the amount of the lien to the next regular tax bill levied against the parcel for district purposes. (Amended by Stats. 1984, Ch. 911, Sec. 59. Effective September 7, 1984.) - 2865. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
When the county assessor and tax collector assess property and collect district taxes, a certified copy of the lien must be filed with the county auditor by August 10, and parcel descriptions must match the county assessor’s current-year map books.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2865. If the county assessor and the tax collector assess property and collect taxes for the district, a certified copy of the lien shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year. (Amended by Stats. 1984, Ch. 911, Sec. 60. Effective September 7, 1984.) - 2865.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
The county auditor must enter each lien on the county tax roll next to the relevant parcel of land.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2865.5. The county auditor shall enter each lien on the county tax roll opposite the parcel of land. (Amended by Stats. 1984, Ch. 911, Sec. 61. Effective September 7, 1984.) - 2866. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
The lien is collected like ordinary county taxes, including the same penalties and delinquency procedures. If the property was transferred to a bona fide purchaser or encumbered before the first tax installment becomes delinquent, the abatement cost is moved to the unsecured roll instead of becoming a lien on the property.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2866. The amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency, as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to the lien, except that if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection. (Amended by Stats. 1985, Ch. 48, Sec. 4. Effective May 20, 1985.) - 2867. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
Lien provisions do not apply to property of counties, cities, districts, or other public corporations, but those governing bodies must reimburse a district for amounts it spent on their property when the district board submits a verified claim or bill.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2867. The lien provisions of this article do not apply to the property of any county, city, district, or other public corporation. However, the governing body of the county, city, district, or other public corporation shall repay to a district the amount expended by the district upon any of its property under this article upon presentation by the district board of a verified claim or bill. (Added by Stats. 1974, Ch. 465.) - 2868. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. )
A county must pay collected lien amounts to the district, except amounts requested for the county general fund under Government Code Section 29304.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3.5. District Powers [2855 - 2868] ( Article 3.5 added by Stats. 1974, Ch. 465. ) ## 2868. Any amounts collected by a county on account of a lien authorized by this article, other than the amounts requested to be paid into the county general fund pursuant to Section 29304 of the Government Code, shall be paid to the district. (Amended by Stats. 1984, Ch. 911, Sec. 63. Effective September 7, 1984.) - 2870. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The district board must prepare a written estimate of the money needed for the district each year before July 10.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2870. The district board shall annually before July 10 prepare a written estimate of the amount of money necessary for the purposes of the district during the ensuing fiscal year. (Amended by Stats. 1984, Ch. 911, Sec. 64. Effective September 7, 1984.) - 2871. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The county auditor must allocate a district’s share of property tax revenue under the referenced Revenue and Taxation Code chapter.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2871. The county auditor shall allocate to a district its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (Repealed and added by Stats. 1984, Ch. 911, Sec. 66. Effective September 7, 1984.) - 2871.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
For certain pest abatement district taxes, the rate must be based on land area if the petition says so, and the county assessor must prepare an assessment roll.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2871.5. (a) If the petition for formation of the district states that the property shall be taxed on the basis of area, the rate shall be based on area of land, regardless of assessed valuation. (b) If the petition for formation of the district states that property shall be taxed on the basis of a combination of area and some other basis, the district board shall, after a public hearing, determine the proportion of each source of revenue, and may consider zones of benefit or other equitable methods of establishing the rate to be charged based on area. (c) The county assessor of each county shall prepare an assessment roll showing the names and addresses and the acreage owned by each person owning land within a district, which roll shall be the basis for the tax provided for in this section. (Amended by Stats. 1984, Ch. 911, Sec. 67. Effective September 7, 1984.) - 2871.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
After a public hearing, the district board must determine the tax rate.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2871.7. After a public hearing, the district board shall determine the rate of the tax. (Repealed and added by Stats. 1984, Ch. 911, Sec. 69. Effective September 7, 1984.) - 2871.8. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If the district board finds that next year’s funds will be short, it may call an election on a special tax, and then must publish notice, canvass the vote, and report the result if the tax passes by two-thirds.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2871.8. (a) Whenever it appears to the district board that the amount of funds required during an ensuing fiscal year will exceed the amount available, the district board may call an election to submit to the electors of the district the question of whether a special tax shall be voted for raising the additional funds, pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. (b) Notice of the election shall be published for at least four weeks prior to the election. (c) No particular form of ballot shall be required, nor shall any informalities in conducting the election invalidate it if it is otherwise fairly conducted. (d) At the election the ballots shall contain the words “Shall the district vote a tax to raise the additional sum of ____ ?” or words equivalent thereto. (e) The district board shall canvass the votes cast at the election, and, if two-thirds of the votes cast are in favor of the imposition of the tax, shall report the result to the board of supervisors of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county, the additional amount shall be prorated for each county by the district board in the same way that the district’s original total estimate of funds is prorated. The district board shall furnish the board of supervisors and auditor of each county a written statement of the apportionment for each county. (Added by Stats. 1984, Ch. 911, Sec. 70. Effective September 7, 1984.) - 2871.9. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
A district formed before January 1, 1985, may ask the board of supervisors to change how the district is financed, and the board must accept that petition and consider the requested financing changes.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2871.9. Any district formed prior to January 1, 1985, may petition the board of supervisors for a change in the method of financing the district’s operations, as provided in this chapter. The board of supervisors shall accept the petition, in lieu of the petition required by Section 2822.5, and shall proceed to consider changes in the method of district financing consistent with Article 2 (commencing with Section 2210) of Chapter 5. (Added by Stats. 1984, Ch. 911, Sec. 71. Effective September 7, 1984.) - 2872. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
Taxes and assessments under this chapter must be assessed and collected like county taxes, and paid into the county treasury for the district’s credit.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2872. All taxes and assessments levied under this chapter shall be assessed and collected at the same time and in the same manner as other taxes are collected for county purposes, and shall be paid into the county treasury to the credit of the district. (Amended by Stats. 1984, Ch. 911, Sec. 72. Effective September 7, 1984.) - 2873. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
District funds must be withdrawn from the treasury only on a warrant of the district board.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2873. The funds of the district shall be withdrawn from the treasury upon the warrant of the district board. (Enacted by Stats. 1939, Ch. 60.) - 2874. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
The board of supervisors may authorize a temporary transfer of money from other county treasury funds to the district fund, subject to limits and timing rules.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2874. The board of supervisors, from time to time, may order a temporary transfer of money from other available funds in the county treasury to the credit of the district fund. The transfer shall be made only upon resolution adopted by the board of supervisors directing the treasurer to make the transfer. It shall not exceed eighty-five per cent of the taxes accruing to the district, and shall not be made prior to the first day of the fiscal year nor after the last Monday in April of the current fiscal year. Any funds transferred shall be replaced from the taxes accruing to the district before any other obligation of the district is met from those taxes. (Enacted by Stats. 1939, Ch. 60.) - 2876. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. )
If a pest abatement district is organized too late to levy taxes, the board of supervisors may transfer unused county funds to the district, and later must levy enough tax to repay the county; transferred amounts must then be sent back to the county treasury from the first tax receipts.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Taxation [2870 - 2876] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 2876. Notwithstanding the basis upon which property in the district is taxed, if a district is organized in any year too late for the levy of a tax in that year or in the next ensuing year, the board of supervisors is authorized to transfer funds of the county not immediately needed for county purposes to the district fund to be used for the payment of the expenses of the district until the district’s special assessment tax receipts are available to it. The board of supervisors shall include, in the levy of taxes for the district for the first fiscal year in which a tax may be levied, a sum sufficient to repay to the county the amounts transferred to the district for the portion or portions of the preceding fiscal year or years for which no levy of taxes was made for that purpose. The amounts transferred shall be retransferred to the county treasury from the district fund out of the first available receipts from the tax levy. (Amended by Stats. 1984, Ch. 911, Sec. 74. Effective September 7, 1984.) - 2877. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. Standby Charges for Public Health Emergencies [2877 - 2878] ( Article 4.1 added by Stats. 1983, Ch. 1055, Sec. 5. )
Public agencies, including pest abatement districts, must be ready to abate extraordinary mosquito outbreaks.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. Standby Charges for Public Health Emergencies [2877 - 2878] ( Article 4.1 added by Stats. 1983, Ch. 1055, Sec. 5. ) ## 2877. The Legislature finds that unabated outbreaks of mosquitoes pose a serious threat to the public health and safety. The Legislature further finds that public agencies, including pest abatement districts, must be prepared to abate extraordinary outbreaks of mosquitoes. The Legislature further finds and declares that to protect the public health and safety from unabated outbreaks of mosquitoes, it is necessary to enact this article to provide pest abatement districts with the ability to abate mosquitoes. (Added by Stats. 1983, Ch. 1055, Sec. 5.) - 2878. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. Standby Charges for Public Health Emergencies [2877 - 2878] ( Article 4.1 added by Stats. 1983, Ch. 1055, Sec. 5. )
A pest abatement district may adopt an ordinance to set an emergency mosquito abatement standby charge, subject to Article 5.1 and this chapter’s conflict rule.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.1. Standby Charges for Public Health Emergencies [2877 - 2878] ( Article 4.1 added by Stats. 1983, Ch. 1055, Sec. 5. ) ## 2878. A pest abatement district may adopt an ordinance to fix an emergency mosquito abatement standby charge pursuant to the provisions of Article 5.1 (commencing with Section 2315) of Chapter 5, except to the extent that the provisions of that article conflict with the provisions of this chapter, in which case the provisions of this chapter shall be in addition to the provisions of that article. (Added by Stats. 1983, Ch. 1055, Sec. 5.) - 2880. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Claims [2880- 2880.] ( Article 4.5 added by Stats. 1959, Ch. 1727. )
Claims for money or damages against the district are governed by specified Government Code claim procedures, except where other applicable statutes or regulations say otherwise.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4.5. Claims [2880- 2880.] ( Article 4.5 added by Stats. 1959, Ch. 1727. ) ## 2880. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.) - 2900. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [2900 - 2901] ( Article 5 enacted by Stats. 1939, Ch. 60. )
After a district is incorporated, contiguous land may be annexed if the board of trustees finds the annexation benefits both the land and the district.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [2900 - 2901] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 2900. At any time after the incorporation of a district, land contiguous to it may be annexed, if the board of trustees finds that the annexation will benefit both the land to be annexed and the district. (Amended by Stats. 1965, Ch. 2043.) - 2901. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [2900 - 2901] ( Article 5 enacted by Stats. 1939, Ch. 60. )
Annexations may proceed under Article 2 as if the territory were a new district, but the pests to be controlled must be the same as those the annexing district is already authorized to control.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Annexation [2900 - 2901] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 2901. Annexations may proceed under Article 2 (commencing with Section 2822), as though territory to be annexed were a new district, except that the pest or pests to be controlled shall be the same as those which the annexing district is authorized to control. (Added by Stats. 1984, Ch. 911, Sec. 75. Effective September 7, 1984.) - 2910. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5a. Consolidation [2910- 2910.] ( Article 5a added by Stats. 1947, Ch. 1458. )
Two or more contiguous pest abatement districts may be consolidated.
## Health and Safety Code - HSC ## DIVISION 3. PEST ABATEMENT [2000 - 2910] ( Heading of Division 3 amended by Stats. 1957, Ch. 205. ) ## CHAPTER 8. Pest Abatement Districts [2800 - 2910] ( Chapter 8 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5a. Consolidation [2910- 2910.] ( Article 5a added by Stats. 1947, Ch. 1458. ) ## 2910. Two or more contiguous pest abatement districts may be consolidated. (Amended by Stats. 1965, Ch. 2043.) - 3. Verify source ↗
## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )
People who already hold offices under repealed acts continue in those offices if the code keeps the offices in place.
## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 3. All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure. (Enacted by Stats. 1939, Ch. 60.) - 32000. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
This section says Division 23 may be cited as “The Local Health Care District Law” and states that certain older references should be read as references to the new name or to a health care district.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32000. This division shall be known and may be cited as “The Local Health Care District Law.” Any reference in any statute to the Local Hospital District Law shall be deemed a reference to the Local Health Care District Law, and any reference in any statute to a hospital district shall be deemed to be a reference to a health care district. (Amended by Stats. 1994, Ch. 696, Sec. 1. Effective January 1, 1995.) - 32000.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
This section defines certain terms used in the division.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32000.1. For purposes of this division, both of the following shall apply: (a) Any reference to “hospital district” or “district” shall mean “health care district,” and any reference to “hospital administrator” or “administrator” shall mean “chief executive officer.” (b) “Health care facility” shall mean a health facility as defined in Section 1250 and a clinic as defined in Section 1204. (Amended by Stats. 1995, Ch. 35, Sec. 1. Effective January 1, 1996.) - 32001. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
A local hospital district may be organized, incorporated, managed, and exercise granted or implied powers, subject to rules on what territory may be included.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32001. A local hospital district may be organized, incorporated and managed, as provided in this division and may exercise the powers herein granted or necessarily implied. Such a district may include incorporated or unincorporated territory, or both, or territory in any one or more counties. The territory comprising this district need not be contiguous but the territory of a municipal corporation shall not be divided; provided, that land either in a municipal corporation or in unincorporated territory which the supervising authority finds will not be benefited shall not be included. (Amended by Stats. 1965, Ch. 2043.) - 32002. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
Before a hospital district formation hearing, the required health planning comments and recommendations must be filed with the supervising authority.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32002. The manner of formation of local hospital districts, and the conducting of all hospital district elections, unless otherwise provided in this division shall be as in the manner provided, respectively, by Chapter 1 (commencing with Section 58000) of Division 2 of Title 6 of the Government Code, and Part 3 (commencing with Section 10400) and Part 4 (commencing with Section 10500) of Division 10 of the Elections Code. Except as provided in this division, these provisions are hereby incorporated in this division by reference and shall have the same effect and force as if fully set forth herein. In addition to all other requirements regarding formation of hospital districts, no hearing upon the petition to form a hospital district shall be held until comments and recommendations of the Office of Statewide Health Planning and Development and each area health planning agency having territory within the proposed district, concerning the need for new or additional health facilities in the area to be served by the proposed district have been filed with the supervising authority. The Office of Statewide Health Planning and Development and the area health planning agency or agencies shall submit these comments and recommendations to the supervising authority within 60 days after receiving a request therefor from the proponents. Failure to submit these comments to the supervising body within 60 days shall be deemed to constitute a “no comment” response. (Amended by Stats. 1994, Ch. 923, Sec. 145. Effective January 1, 1995.) - 32002.31. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
The calling legislative body must send written notice of a district formation election to the local agency formation commission executive officer within five days, and the executive officer and commission must act on the impartial analysis on short deadlines.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32002.31. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.) - 32002.32. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
Certain voters, board members, and citizen associations may file a written argument for or against the proposed district formation, but it must be filed with election officials at least 54 days before the election and must not exceed 300 words.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32002.32. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.) - 32002.33. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
If multiple arguments for or against the proposed district are filed on time, election officials must choose one for printing and voter distribution.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32002.33. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.) - 32002.34. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
Elections officials must print and mail a ballot pamphlet about the district formation proposition to each eligible voter.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32002.34. The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following, in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition, prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 146. Effective January 1, 1995.) - 32003. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. )
A petition to form a local hospital district may be presented to the county supervising authority, but it must be signed by enough registered voters in the proposed district, and the district is organized only if the vote passes.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 1. Formation of District [32000 - 32003] ( Chapter 1 added by Stats. 1945, Ch. 932. ) ## 32003. Whenever the formation of a local hospital district is desired, a petition may be presented at a regular meeting of the supervising authority of the county in which the land, or a greater portion of the land, in the proposed district is situated, said petition to be signed by the registered voters residing within the boundaries of the proposed district, equal in number to at least 12 percent of the voters registered within the boundaries of the proposed district 30 days prior to the date the petition is filed. The number of written protests required to terminate the proceedings shall be a majority of the registered voters residing in the proposed district. If a majority of all the votes cast in the proposed district are in favor of organization, the supervising authority by resolution entered on its minutes shall declare the district duly organized under this act, shall give the name of the district as theretofore designated and shall describe the boundaries of such district. The county whose supervising authority declares the district organized shall be designated the “organizing county.” (Amended by Stats. 1963, Ch. 1232.) - 32100. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
A local hospital district must have a five-member board of hospital directors; each member must be a registered voter in the district, and the regular term is four years.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100. The elective officers of a local hospital district shall be a board of hospital directors consisting of five members, each of whom shall be a registered voter residing in the district and whose term shall be four years, with the exception of the first board. The first board of directors shall be appointed, upon the formation of the district, by the board of supervisors of the county in which the land or a greater part of the land in the district is situated. Upon appointment, the first board shall, by lot, designate two members who shall leave office when their successors take office pursuant to Section 10554 of the Elections Code, and three members who shall leave office two years thereafter. Any vacancy upon the board shall be filled by the methods prescribed in Section 1780 of the Government Code. (Amended by Stats. 1994, Ch. 923, Sec. 147. Effective January 1, 1995.) - 32100.001. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
The board of hospital directors must meet and organize at the required time, and elect a chairperson or president and a secretary from among its members.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.001. The board of hospital directors shall meet on the first Monday subsequent to 30 days after the completion of organization of the district and shall organize by the election of one of their members as chairperson or president and one as secretary. (Added by renumbering Section 32102 by Stats. 1994, Ch. 696, Sec. 3. Effective January 1, 1995.) - 32100.01. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
A qualified petition may be filed to ask voters to increase a hospital district board from five to seven members, and the board must put the measure on the next election ballot.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.01. A petition to increase the number of members of the board of directors of any district providing at least 225 hospital beds from five to seven members may be signed and filed with the board of directors at least three months prior to any general hospital district election by registered voters residing within any such local hospital district, equal in number to at least 5 percent of the number of votes cast in that district for the office of Governor at the last preceding election at which a Governor was elected. Upon receipt of this petition the board of directors shall prepare a measure to be printed on the ballots used at the next general hospital district election. The measure shall be printed on the ballots substantially as follows: “Shall the number of directors of the ____ Hospital District be increased from five to seven?”, with the words “Yes” and “No” so printed in connection therewith that the voters may express their choice. The county elections official of the organizing county shall accept arguments for and against the measure to be mailed to each registered voter in the district, in accordance with the procedure specified in Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code. Under the measure, in the manner provided in this article, there shall be printed the names of those persons who have been nominated for the additional directorships. The returns of the election shall be canvassed and declared as at other general hospital district elections. If a majority of the votes cast in the election are in favor of the measure the board of directors shall by resolution declare that the lawful number of directors of the district has been increased by the designated number of members. If a majority of the votes cast in the election are opposed to the measure, no similar measure shall be placed on the ballot until the next general hospital district election. (Amended by Stats. 1994, Ch. 923, Sec. 148. Effective January 1, 1995.) - 32100.02. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
Directors elected to fill expansion vacancies on the board must be elected at large, and their terms depend on how many votes they receive.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.02. The election of directors to fill the additional vacancies on the board created by expansion shall be an election at large. A director elected at the election but receiving the lesser number of votes in the election shall hold office until a successor takes office pursuant to Section 10554 of the Elections Code, and the director elected at the election receiving the greater number of votes shall hold office until two years thereafter. (Amended by Stats. 1994, Ch. 923, Sec. 149. Effective January 1, 1995.) - 32100.03. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
If voters favor expanding the board, the district board must create seven zones by resolution and set each zone’s boundaries.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.03. If the majority of votes cast in the election specified in Section 32100.01 are in favor of expansion of the board of directors, the board of directors of the district, which has been divided into zones pursuant to Section 32100.1, shall by resolution divide the district into seven zones. The resolution shall also specify the boundaries of each zone. At the expiration of the terms of office of the members of the board of directors then in office, and thereafter, such members of the board of directors shall be elected by the zones established by such resolution. (Added by Stats. 1971, Ch. 289.) - 32100.04. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
A qualifying district may divide itself into zones, but the board’s resolution must create seven zones.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.04. A district which has added additional directors pursuant to Section 32100.01, but has not been divided into zones, may, in the manner provided by Section 32100.1, divide the district into zones, except that the resolution of the board of directors shall divide the district into seven zones. If at the expiration of the terms of office of the members of the board, in office at the time of such division into zones, four members of the board are to be elected, those four members shall be elected from zones designated by odd numbers; if three members are to be elected, those three members shall be elected from zones designated by even numbers. (Added by Stats. 1971, Ch. 289.) - 32100.05. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
This section lets the local agency formation commission raise the board size for a consolidated or reorganized hospital district, and lets the board choose not to fill certain vacancies.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.05. (a) Notwithstanding Sections 32100 and 32100.01, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single hospital district may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, increase the number of directors to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated district, or a district reorganized as described in subdivision (a), whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number equals the number of members permitted by the principal act of the consolidated or reorganized district, or any larger number as may be specified by the local agency formation commission in approving the consolidation or reorganization. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated district or a district reorganized as described in subdivision (a) at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (d) For the purposes of this section: “consolidation” means consolidation, as defined in Section 56030 of the Government Code; “district” or “special district” means district or special district, as defined in Section 56036 of the Government Code; and “reorganization” means reorganization, as defined in Section 56073 of the Government Code. (Amended by Stats. 2006, Ch. 172, Sec. 12. Effective January 1, 2007.) - 32100.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
This section lets voters petition for board elections by zones and sets the process for creating, approving, and using those zones.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.1. A petition for election of directors by zones may be signed and filed with the board of directors by registered voters residing within a local hospital district, equal in number to at least 15 percent of the number of votes cast in that district for the office of Governor at the last preceding election at which a Governor was elected. Upon receipt of this petition the board of directors shall, by resolution, divide the local hospital district into zones and number the zones consecutively. Alternatively, and without a petition, the board of directors may adopt a resolution to divide the district into zones and number the zones consecutively. In establishing these zones, the board of directors shall provide for representation in accordance with demographic, including population, and geographic factors of the entire area of the local hospital district. The board of directors shall fix the time and place for a hearing on the proposed establishment of zones. At this hearing, any elector of the district may present his or her views and plans in relation to the proposed zoning, but the board of directors shall not be bound thereby and their decision, in the resolution adopted, shall be final. The zones shall be effective for the next district election after the resolution of the board for which there is time to implement the zones and elections within the zones, unless a petition requesting an election on the resolution, containing the signatures of not less than 5 percent of the qualified registered voters of the district, is filed with the county elections official within 60 days after passage of the resolution. The form of the petition and the requirements and procedures applicable thereto shall be governed by Article 2 (commencing with Section 9140) of Chapter 2 of Division 9 of the Elections Code, except that all computations referred to in those sections shall be construed to refer to comparable computations of the district, and references to “ordinance” shall be construed to refer to “resolution.” For purposes of this section, the electors of the district shall be the electors of the territory entitled to vote at elections for members of the board. If a valid and timely petition is filed with the county elections official, then the board shall prepare a measure to be printed on the ballots used at the next general hospital district election, or at a special election to be held for that purpose. The measure shall be printed on the ballots substantially as follows: “Shall members of the board of directors be elected by zones, as described in the resolution of the board of directors dated ____?”, with the words “Yes” and “No” so printed in connection therewith that the voters may express their choice. The county elections official shall accept arguments for and against the measure, to be mailed to each registered voter in the district, in accordance with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code. The returns of the election shall be canvassed and declared as at other general hospital district elections, and if it appears that a majority of the votes cast in the election are in favor of the measure, the board of directors shall by resolution declare the zones established and shall describe the boundaries of the zones. At the expiration of the terms of office of the members of the board of directors then in office, and thereafter, these members of the board of directors shall be elected by zones. One member of the board of directors shall be elected by the electors of each of the zones. No person shall be eligible to hold the office of member of the board of directors unless he or she has been a resident of the zone from which he or she is elected for 30 days next preceding the date of the election. The formation of a local hospital district may provide for the election of members of the board of directors by zones by substantially including in the petition for formation the provisions required by this section to be included in the measure, and the members of the board of directors shall be elected from the zones as described in the petition, except that the first board of directors shall be appointed, upon the formation of the district, by the board of supervisors of the county in which the land or a greater part of the land in the district is situated. One member of the board shall be appointed from each zone. The terms of the members of the first board of directors appointed under this section shall be determined by lot. Three members shall hold office for four years, and two members shall hold office for two years. Thereafter, the term of office for all members shall be four years. Any vacancy upon the board shall be filled by appointment by the remaining members of the board, from the zone left unrepresented on the board of directors. Any person appointed to fill the vacancy shall hold office for the unexpired term. (Amended by Stats. 1994, Ch. 923, Sec. 150. Effective January 1, 1995.) - 32100.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
A board member’s term expires if the member misses the required number of meetings and the board declares a vacancy.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.2. Notwithstanding any other provision of law, the term of any member of the board of directors shall expire if he or she is absent from three consecutive regular meetings, or from three of any five consecutive meetings of the board and the board by resolution declares that a vacancy exists on the board. (Amended by Stats. 1982, Ch. 1513, Sec. 2.) - 32100.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
For certain Trinity County health care districts, the first board must be elected at large, directors must classify themselves into two classes at their first meeting, and vacancies are filled under Government Code Section 1780.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.3. (a) Notwithstanding Section 32100, the members of the first board of directors of a health care district formed, after the effective date of the act that added this section, in the County of Trinity shall be elected at large. (b) At their first meeting, the members of the directors shall classify themselves by lot into two classes. One class shall have three members and the other class shall have two members. For the class that has three members, the initial term of office shall be four years. For the class that has two members, the initial term of office shall be two years. Thereafter, the term of office of all members shall be four years. (c) Any vacancies in the office of a member elected to the board of directors shall be filled pursuant to Section 1780 of the Government Code. (Added by Stats. 2006, Ch. 18, Sec. 1. Effective April 17, 2006.) - 32100.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
Each local hospital district must hold a general election on the specified November date in every even-numbered year, and that election must be consolidated with the statewide general election.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.5. A hospital district general election shall be held in each local hospital district on the first Tuesday after the first Monday in November in each even-numbered year, at which a successor shall be chosen to each officer whose term shall expire when the successor takes office pursuant to Section 10554 of the Elections Code. The hospital district general election shall be consolidated with the statewide general election pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code. The person receiving the highest number of votes for each office to be filled at the election shall be elected thereto. The term of office of each elective officer of the district elected, shall be four years, or until his or her successor is elected and has qualified. (Amended by Stats. 1994, Ch. 923, Sec. 151. Effective January 1, 1995.) - 32100.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
Voters of the Eden Township Hospital District may petition the board of directors to elect directors by zones or from zones.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.6. Notwithstanding any other provision of law, the voters of the Eden Township Hospital District may file a petition with its board of directors pursuant to the provisions of Section 32100.1, to elect its directors either by zones or from zones; provided, however, that the petition shall be deemed sufficient if it is signed by registered voters of the district equal in number to 5 percent of the number of votes cast in the district for the office of Governor at the last preceding election at which a Governor was elected. The term “by zones” shall mean the election of directors of a local hospital by the voters of the zone alone. The term “from zones” shall mean the election of directors of a local hospital district who are residents of the zone from which they are elected by the voters of the entire district. (Added by Stats. 1980, Ch. 571.) - 32100.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
The board may adopt a resolution to expand from five to seven members, and the added seats must be filled by election.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.7. Notwithstanding Section 32100.01, the Board of Directors of Valley Health System, a local hospital district, may adopt a resolution to increase the number of members of its board of directors from five to seven without the necessity of a petition or approval thereof by voters residing within the district. The resolution shall become effective on the date and subject to any conditions specified in the resolution. The additional vacancies created by the expansion shall be filled by election. Notwithstanding Section 32100.02, if Valley Health System has duly adopted election of directors by zones pursuant to Section 32100.1, the additional vacancies created by expansion shall likewise be filled by election by zones. Notwithstanding Section 32100.1, the initial election to fill the additional vacancies may be at any one of the regular election dates provided for in Section 2500 of the Elections Code and the resolution shall designate the election date. The director elected at the election but receiving the lesser number of votes shall hold office until a successor elected at the next following general election takes office pursuant to Section 23556 of the Elections Code, and the director elected at the election receiving the greater number of votes shall hold office until a successor elected at the general election two years thereafter takes office. After the expiration of the initial terms as provided in the previous sentence, the terms of directors elected to fill each of the additional vacancies shall be as provided in Section 32100. (Added by Stats. 1994, Ch. 201, Sec. 1. Effective July 18, 1994. Conditionally operative as prescribed by Sec. 2 of Ch. 201. Note: Operational condition relates to execution of certificate of completion for Riverside County LAFCO Case #94-16.) - 32100.8. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
This section defines key terms and says the district board is dissolved on January 1, 2019, with remaining members removed from office.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32100.8. (a) The following definitions shall apply for purposes of this section: (1) “Board of supervisors” means the Board of Supervisors of the County of Contra Costa. (2) “County” means the County of Contra Costa. (3) “District” means the West Contra Costa Healthcare District. (4) “District board” means the board of directors of the West Contra Costa Healthcare District. (b) Notwithstanding any other law, the district board shall be dissolved, effective January 1, 2019, and any remaining members removed from office. Thereafter, the board of supervisors shall either elect to serve as the district board, or may appoint a district board as provided in subdivision (c). (c) (1) If the board of supervisors elects not to serve as the district board pursuant to subdivision (b), it shall appoint a district board consisting of five members, all of whom shall reside in the district. The members appointed by the board may include, but need not be limited to, at least one of each of the following: (A) A county supervisor. (B) A city council member of any city located within district boundaries. (2) The term of a district board member appointed under this subdivision shall be for four years, or until his or her successor qualifies and takes office. (3) The board of supervisors shall determine whether members of the district board shall serve at the pleasure of the board of supervisors, or for staggered four-year terms, subject to removal for cause. Vacancies shall be filled by appointment of the board of supervisors. (Added by Stats. 2018, Ch. 133, Sec. 2. (SB 522) Effective January 1, 2019.) - 32101. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
Registered voters who live within a district’s territory are qualified electors.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32101. All registered voters residing within the territory comprising a district organized under this division are qualified electors. (Added by Stats. 1945, Ch. 932.) - 32103. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
The board of directors generally serves without compensation, but it may approve limited meeting compensation and must meet a written-policy requirement if it pays for more than five meetings in a month.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32103. (a) The board of directors shall serve without compensation except that the board of directors, by a resolution adopted by a majority vote of the members of the board, may authorize the payment of not to exceed one hundred dollars ($100) per meeting not to exceed six meetings a calendar month as compensation to each member of the board of directors. Commencing January 1, 2019, if the district compensates its members for more than five meetings in a calendar month, the board of directors shall annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than five meetings per month are necessary for the effective operation of the district. (b) The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board by no more than 5 percent annually. (c) Each member of the board of directors shall be allowed his or her actual necessary traveling and incidental expenses incurred in the performance of official business of the district as approved by the board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2018, Ch. 170, Sec. 3. (AB 2329) Effective January 1, 2019.) - 32104. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. )
The board of directors must set the time and place of its regular meetings, decide how they are called, and establish rules for its proceedings. It may also adopt additional rules and regulations that are not inconsistent with law and are necessary for its powers and duties.
## Health and Safety Code - HSC ## DIVISION 23. HOSPITAL DISTRICTS [32000 - 32499.95] ( Division 23 added by Stats. 1945, Ch. 932. ) ## CHAPTER 2. Board of Directors [32100 - 32155] ( Chapter 2 added by Stats. 1945, Ch. 932. ) ## ARTICLE 1. Election and Organization [32100 - 32111] ( Article 1 added by Stats. 1945, Ch. 932. ) ## 32104. The board of directors shall provide for the time and place of holding its regular meetings and the manner of calling the same, and shall establish rules for its proceedings and may adopt such rules and regulations not inconsistent with law as may be necessary for the exercise of the powers conferred and the performance of the duties imposed upon the board. (Added by Stats. 1945, Ch. 932.)
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