Bill Text: CA SB1272 | 2023-2024 | Regular Session | Amended

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Bill Title: California Environmental Quality Act: program environmental impact report: clean energy infrastructure projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-27 - Ordered to third reading. [SB1272 Detail]

Download: California-2023-SB1272-Amended.html

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Amended  IN  Assembly  August 27, 2024

Amended  IN  Assembly  June 24, 2024

Amended  IN  Senate  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1272

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Introduced by Senator Laird

February 15, 2024

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An act to amend Sections 1749.45 and 1749.5 of the Civil Code, relating to consumer protection. An act to add Article 7 (commencing with Section 21159.30) to Chapter 4.5 of Division 13 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 1272, as amended, Laird. Gift certificates. California Environmental Quality Act: program environmental impact report: clean energy infrastructure projects.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA authorizes a lead agency for a later project, if a prior EIR has been prepared and certified for a program, plan, policy, or ordinance, commonly known as a “program EIR,” to examine significant effects of the later project upon the environment by using a tiered EIR and provides that the tiered EIR is not required to examine effects that meet certain requirements.

Existing law establishes a process for the certification of facilities related to clean energy infrastructure by the State Energy Resources Conservation and Development Commission (Energy Commission).

This bill would authorize the Energy Commission to prepare a program EIR to analyze the development of a class or classes of facility related to clean energy infrastructure, as provided. The bill would authorize a public agency considering the approval of a specific facility that is within a class or classes of facility described in the program EIR prepared under these provisions to tier from that program EIR.

Existing law prohibits the sale of any gift certificate that contains an expiration date or service fee, except as specified. Existing law defines “gift certificate” to include gift cards, as specified. Existing law provides that any gift certificate sold after January 1, 1997, is redeemable in cash or subject to replacement with a new gift certificate. Existing law makes any gift certificate with a cash value of less than $10 redeemable in cash for its cash value.

This bill would define “gift certificate” to additionally include electronic gift cards and would instead make any gift certificate with a cash value of less than or equal to $25, as adjusted for inflation, redeemable in cash for its cash value.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Article 7 (commencing with Section 21159.30) is added to Chapter 4.5 of Division 13 of the Public Resources Code, to read:

Article  7. Program Environmental Impact Report for Clean Infrastructure Projects

21159.30.

 The Legislature finds and declares that it is in the interest of the state to ensure that California’s environmental review processes are streamlined and optimized to ensure the most efficient process to approve clean infrastructure projects in a manner that does not weaken environmental protections or public participation.

21159.31.

 For purposes of this article, the following definitions apply:

(a) “Energy Commission” means the State Energy Resources Conservation and Development Commission.

(b) “Facility” has the same meaning as set forth in Section 25545.

21159.32.

 (a) The Energy Commission may prepare a program environmental impact report to analyze the development of a class or classes of facility.

(b) The program environmental impact report shall comply with all requirements of this division, and shall contain all of the following:

(1) A description of the class or classes of facility being analyzed.

(2) A description of potential project locations.

(3) An analysis, to the extent feasible, of the potential environmental impacts of developing the class or classes of facility identified in paragraph (1).

(4) A description of potentially feasible mitigation measures to avoid or minimize the impacts identified in paragraph (3).

(5) An identification of trustee and potential responsible agencies with regulatory authority over the class or classes of facility identified in paragraph (1).

(6) An analysis of cumulative impacts and project alternatives.

(c) The Energy Commission shall consult with the public agencies identified in paragraph (5) of subdivision (b) in conducting the analysis of environmental impacts and identification of potentially feasible mitigation measures and alternatives.

(d) The development of a class or classes of facility constitutes a program for the purposes of Section 21094.

21159.33.

 A public agency considering approval of a specific facility that is within the class or classes of facility described in the program environmental impact report prepared pursuant to Section 21159.32 may tier from that program environmental impact report pursuant to Section 21094.

SECTION 1.Section 1749.45 of the Civil Code is amended to read:

1749.45.

(a)As used in this title, “gift certificate” includes gift cards and electronic gift cards, but does not include any gift card usable with multiple sellers of goods or services, provided the expiration date, if any, is printed on the card. This exemption does not apply to a gift card usable only with affiliated sellers of goods or services.

(b)Nothing in this title prohibits those fees or practices expressly permitted by Section 17538.9 of the Business and Professions Code with respect to a prepaid calling card, as defined in that section, that is issued solely to provide an access number and authorization code for prepaid calling services.

SEC. 2.Section 1749.5 of the Civil Code is amended to read:

1749.5.

(a)It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following:

(1)An expiration date.

(2)A service fee, including, but not limited to, a service fee for dormancy, except as provided in subdivision (e).

(b)(1)Any gift certificate sold after January 1, 1997, is redeemable in cash for its cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder.

(2)Notwithstanding paragraph (1), any gift certificate with a cash value of less than or equal to twenty-five dollars ($25), as adjusted for inflation on January 1, 2026, and annually thereafter, based on the California Consumer Price Index and rounded to the nearest whole dollar amount, is redeemable in cash for its cash value.

(c)A gift certificate sold without an expiration date is valid until redeemed or replaced.

(d)This section does not apply to any of the following gift certificates issued on or after January 1, 1998, if the expiration date appears in capital letters in at least 10-point font on the front of the gift certificate:

(1)Gift certificates that are distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer.

(2)Gift certificates that are donated or sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale.

(3)Gift certificates that are issued for perishable food products.

(e)Paragraph (2) of subdivision (a) does not apply to a dormancy fee on a gift card that meets all of the following criteria:

(1)The remaining value of the gift card is five dollars ($5) or less each time the fee is assessed.

(2)The fee does not exceed one dollar ($1) per month.

(3)There has been no activity on the gift card for 24 consecutive months, including, but not limited to, purchases, the adding of value, or balance inquiries.

(4)The holder may reload or add value to the gift card.

(5)A statement is printed on the gift card in at least 10-point font stating the amount of the fee, how often the fee will occur, that the fee is triggered by inactivity of the gift card, and at what point the fee will be charged. The statement may appear on the front or back of the gift card but shall appear in a location where it is visible to any purchaser prior to the purchase thereof.

(f)An issuer of gift certificates may accept funds from one or more contributors toward the purchase of a gift certificate intended to be a gift for a recipient if each contributor is provided with a full refund of the amount that the contributor paid toward the purchase of the gift certificate upon the occurrence of all of the following:

(1)The funds are contributed for the purpose of being redeemed by the recipient by purchasing a gift certificate.

(2)The time in which the recipient may redeem the funds by purchasing a gift certificate is clearly disclosed in writing to the contributors and the recipient.

(3)The recipient does not redeem the funds within the time described in paragraph (2).

(g)The changes made to this section by the act adding this subdivision shall apply only to gift certificates issued on or after January 1, 2004.

(h)For purposes of this section, “cash” includes, but is not limited to, currency or check. If accepted by both parties, an electronic funds transfer or an application of the balance to a subscriber’s wireless telecommunications account is permissible.