Sacramento, CA

Sacramento City Code § 18.56.410 Definitions
Effective: 2/13/17 – Through: 5/31/23
The following definitions apply in this article:

“Affordable housing” means housing that is rented at an affordable rent or sold at an affordable housing price.

“Affordable housing price” means a sales price at which low-income households can qualify for the purchase of for-sale dwelling units. Qualification is based on no more than 35% of income being applied to housing expenses (mortgage principal and interest, taxes, insurance, and assessments).

“Affordable rent” means a monthly rent consisting of a maximum of one-twelfth of 30% of 80% of the median income in the county, adjusted for household size appropriate to the unit, less a reasonable allowance for utilities. The median income in the county is determined by the United States Department of Housing and Urban Development.

“Fee report” means the city council-approved nexus study that calculates the housing trust fund fee amounts, including any amendments.

“Housing unit” means a dwelling unit of any tenure or price.

“Housing trust fund” means the fund created by section 18.56.430.

“Housing trust fund fee” means the fee established by the city council under section 18.56.420 to provide funding for the direct and indirect costs of constructing affordable housing, with priority given to very low-income households.

“Low-income households” means households with incomes at 80% or below of the median income in the county as determined by the United States Department of Housing and Urban Development.

“Mixed-use project” means any development project that is comprised of both a commercial or industrial use and a residential use.

“Nonresidential development project” means a construction project undertaken for the purpose of developing a commercial or industrial use set forth in the Planning and Development Code, a mixed-use project, or any other use determined by the city manager to impact housing demand.

“Regulatory agreement” means an agreement with the Sacramento Housing and Redevelopment Agency, recorded on title, requiring the dwelling units to remain affordable for a period of no less than 30 years.

“SHRA director” means the director of the Sacramento Housing and Redevelopment Agency or the director’s designee.

“Very low-income households” means households with incomes at 50% or below of the median income in the county as determined by the United States Department of Housing and Urban Development.

Sacramento City Code § 18.56.420 Housing trust fund fee
Effective: 2/13/17 – Through: 5/31/23
The housing trust fund fee is established and imposed on nonresidential development projects. The fee amounts adopted by city council resolution shall not exceed the amounts calculated in the fee report, provided that the fee amounts may be subject to automatic annual adjustment as specified by city council resolution.

Sacramento County Code 16.89.300 Establishment and Definition
Effective: 1/10/22 – Through: 5/31/23
There is hereby established a Sacramento County Low Income Housing Fund (“Fund”) by the Office of the County Auditor—Controller in the County Treasury. The Fund shall be a special interest—bearing trust fund. The Fund shall receive all monies contributed pursuant to Section 16.89.500. The Fund may receive monies from other sources.

Sacramento County Code 16.89.305 Purposes and Limitations
Effective: 1/10/22 – Through: 5/31/23
Monies deposited in the Fund shall be used to increase and improve the supply of housing units affordable to households of low incomes. Monies placed in this fund shall be held in trust until disbursed as provided in Section 16.89.315. Monies may also be used to cover reasonable administrative expense not reimbursed through processing fees. No portion of the Fund may be diverted to other purposes by way of loan or otherwise.

Sacramento City Code § 18.56.430 Housing trust fund; use of fee revenues
Effective: 2/13/17 – Through: 5/31/23
A. The housing trust fund is established. The city shall deposit all revenues generated under this article, and any interest earned on the fund balance, into the housing trust fund. The housing trust fund may receive monies from other sources.

B. The housing trust fund shall be administered by the SHRA director, who has the authority to govern the fund consistent with this article and to prescribe procedures for that purpose, subject to approval by the city council.

C. Revenues and interest income deposited into the housing trust fund shall be used to do the following:

1. Provide loans, grants, or other subsidies to nonprofit and for-profit housing developers, governmental entities, and individuals to develop new or substantially rehabilitated affordable housing for low-income and very low-income households whose members are in the labor force, with priority given to very low-income households; and

2. Reimburse the city and SHRA for the costs of administering the housing trust fund fee, the housing trust fund, and this article.

D. Section 18.56.140, concerning the disposition of unexpended or unappropriated fee revenues, does not apply to the housing trust fund fee or housing trust fund.

E. Section 18.56.150, concerning annual reports and review of fees, does not apply to the housing trust fund fee or housing trust fund. Instead, the SHRA director, by June 30th of every year, shall prepare for the city council a report identifying the following information for the prior calendar year:

1. A statement of income, expenses, disbursements, and other uses of the housing trust fund;

2. The current housing trust fund fee amount, reflecting any automatic annual adjustments under section 18.56.120;

3. The total number of low-income and very low-income housing units constructed or assisted during the prior calendar year and the amount of such assistance; and

4. Any recommended changes necessary to carry out the purpose of this article.

Sacramento County Code 16.89.310 Administration
Effective: 1/10/22 – Through: 5/31/23
This fund shall be administered by the SHRA Director who shall have the authority to govern the Fund consistent with this chapter and to prescribe procedures to carry out these purposes, subject to Board of Supervisors approval by resolution.

Sacramento County Code 16.89.315 Use and Disbursement of Monies in the Fund
Effective: 1/10/22 – Through: 5/31/23
Monies in the Fund shall be used in accordance with the adopted Housing Element of the County General Plan, the Housing Assistance Plan Program and Financing Strategy, (dated June 6, 1988) and the criteria in Section 16.89.320 to construct, rehabilitate, subsidize, or assist other governmental entities, private organizations or individuals in the construction of low income housing units. Monies in the Fund may be disbursed, hypothecated, collateralized, or otherwise employed for these purposes from time to time as the SHRA Director so determines is appropriate to accomplish the purposes of the Fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, or other public/private partnership arrangements, construction loans or permanent financings. The Funds may be extended for the benefit of both rental or owner occupied housing.

Sacramento County Code 16.89.325 Annual Evaluation
Effective: 1/10/22 – Through: 5/31/23
A. Commencing one year after the effective date of this chapter, and annually thereafter, the SHRA Director and Planning Director shall report to the Board on the status of the Fund.

B. The report shall include: (1) a statement of income to the Fund from all sources and a statement of expenses and disbursements, and other uses of the Fund; (2) a statement of the number of low income housing units constructed or assisted during that year and the amount of such assistance; (3) an evaluation of the efficiency and effectiveness of this chapter in mitigating the County’s shortage of low income housing available to employees at the non-residential construction subject to this chapter; (4) recommendations of any changes to this chapter necessary to carry out its purposes, including any adjustments necessary to the fee (beyond the annual revisions done pursuant to Section 16.89.715(b)) appropriate in light of changes in the supply of low income housing, the cost of housing, the characteristics of employment, or other factors. Any such recommended changes in fee levels or coverage shall be accompanied by a supplemental nexus report. This report shall contain the findings required by Government Code Section 66001(d).

Sacramento County Code 16.89.500 Applicability
Effective: 1/10/22 – Through: 5/31/23
This chapter shall apply to new non-residential construction, including, but not limited to, any addition or interior remodeling of any non-residential building or structure which either would add additional square feet to that building or structure, or would result in change of use type listed in Article 8, or both. This chapter shall apply to mixed or combined use construction.

Sacramento City Council Resolution No. 2004-118
Effective: 2/23/04 – Through: 5/31/23
RESOLUTION TO APPROVE PEDESTRIAN FRIENDLY STREET STANDARDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
1. The Pedestrian Friendly Street Standards shown in the attached Resolution, to
Amend Section Five of the General Plan, Resolution No. ———L are hereby approved.
2. The city’s street system should encourage alternate mode use, especially walking and bicycling, by working toward a balance of all street users. To achieve this, the city has identified the following objectives for the city’s streets:
a. Residential streets and street networks should be designed to discourage speeds above 25 mph.
b. Residential street networks should be designed to encourage only neighborhood traffic and should seek to minimize traffic volumes on residential streets.
c. Street design should enhance and improve the pedestrian safety and comfort and encourage non-motorized travel modes.
d. Employ traffic calming measures when the size and/or shape of a residential subdivision project limits the number of alternative designs.
e. Discourage parking on sidewalks.
f. Enhance and beautify the streetscape and pedestrian environment by bringing landscaping closer to the street.
g. Balance street design so that it does not favor motorized traffic.
h. Streets should not be barriers to personal interaction.
3. To assist in the implementation of the Pedestrian Friendly Street Standards, a number of Implementation objectives have been defined. These include:
a. City and landowners will work to meet the Goals of the standards in a way that is compatible with the project.
b. Allow flexibility in the application of city standards to avoid affecting housing densities, specifically in medium density zones.
c. Avoid adding undue delay or design cost to the project review process.
Sacramento City Council Resolution No. 2019-0460
Effective: 12/9/19 – Through: 5/31/23
Approving Environmental Review for Complete Streets Policy as a Subsequent Project Under the Master Environmental Impact Report (EIR) and Adopting a Complete Streets Policy to Promote Safe and Convenient Travel Options on Sacramento’s Streets for All Users of All Abilities and Ages BACKGROUND
A. The term “Complete Streets” describes a comprehensive, integrated transportation network, with roadways designed and operated to enable safe, attractive, and comfortable access and travel for all users of all abilities, including: pedestrians (includes persons who use personal mobility or assistive devices), bicyclists, persons with disabilities, seniors, children, motorists, movers of commercial goods, operators of public transportation, public transportation users, and emergency responders.
B. The City recognizes that the planning and coordinated development of Complete Streets infrastructure provides benefits for local governments in the areas of infrastructure cost savings, public health, environmental sustainability, economic opportunities.
C. The City currently supports and pursues Complete Streets through the General Plan, the Vision Zero Action Plan, the Bicycle Master Plan, the Pedestrian Master Plan, Grid 3.0, and other plans, projects, and policies.
D. The City of Sacramento adopted Vision Zero Resolution No. 2017-0032 and the Vision Zero Action Plan to eliminate traffic fatalities and serious injuries by 2027.
E. The adoption of a “formal” Complete Streets Policy will allow the City of Sacramento to better coordinate existing multimodal transportation planning, design, and operation activities under a single “Complete Streets” framework.
F. Balanced transportation systems that offer an array of safe and convenient choices to travelers makes communities more livable.
G. The California Global Warming Solutions Act of 2006 (also known as AB 32) sets a mandate for the reduction of greenhouse gas emissions in California, and the Sustainable Communities and Climate Protection Act of 2008 (known as SB 375) requires emissions reductions through coordinated regional planning that integrates transportation, housing, and land-use policy, and achieving the goals of these laws will require significant increases in travel by public transit, bicycling, and walking.
H. The State of California has emphasized the importance of Complete Streets by enacting the California Complete Streets Act of 2008 (also known as AB 1358), which requires that when cities or counties revise general plans, they identify how they will provide for the mobility needs of all users of the roadways, as well as through Deputy Directive 64, in which the California Department of Transportation explained that it “views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system”.
I. The State of California passed Transportation Impacts (also known as SB 743) in 2013, which mandates that jurisdictions can no longer only use vehicle delay – commonly measured by Level of Service (LOS) – in transportation analysis under California Environmental Quality Act (CEQA). Instead, the State has called for jurisdictions to update transportation impact analysis from LOS to Vehicle Miles Traveled (VMT), which measures the amount of driving a project or development would generate. The intent of the legislation is to reduce greenhouse gas emissions, further the development of multimodal transportation networks, and promote diversity of land uses .
J. Numerous California counties, cities, and agencies have adopted Complete Streets policies and legislation to further the health, safety, welfare, economic vitality, and environmental well-being of their communities.
K. The City, considering the foregoing benefits and facts, wishes to emphasize its commitment to Complete Streets and desires that its streets form a comprehensive and integrated transportation network promoting safe and convenient travel for all users while preserving flexibility, recognizing community context, and using design guidelines and standards that support best practices.
L. On December 10, 2019, the City Council conducted a public meeting, for which notice was given pursuant to Sacramento City Code and received and considered evidence concerning the proposed project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council finds that the Master Environmental Impact Report (EIR) for the 2035 General Plan was certified on March 3, 2015 and the 2035 General Plan was adopted on that date.
Section 2. The City of Sacramento was the Lead Agency for the Master EIR.
Section 3. An initial study has been prepared for the project and concluded that the project is consistent with the Master EIR and that the project would not cause any additional significant environmental effects that were not examined in the Master EIR. No new additional mitigation measures or alternatives are required, and the project is within the scope of the Master EIR.
Section 4. The City has incorporated all feasible mitigation measures or feasible alternatives appropriate to the project as set forth in the Master EIR.
Section 5. Notice of the determination that the project is a subsequent project under the Master EIR was provided in the manner required by CEQA Guidelines section 15177(d) and 15087. The Notice of Subsequent Project was posted in the office of the County Clerk/Recorder on October 22, 2019 and published in a newspaper of general circulation on October 22,2019. The Notice established a thirty-day comment period, beginning on October 22, 2019 and ending on November 21, 2019.
Section 6. The City Council directs that, upon approval of the Project, the City Manager shall file a notice of determination with the County Clerk of Sacramento County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of CEQA section 21152.
Section 7. Pursuant to Guidelines section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from, the Office of the City Clerk at 915 I Street, Sacramento, California. The City Clerk is the custodian of records for all matters before the City Council.
Section 8. The City of Sacramento adopts the Complete Streets Policy contained in Exhibit A. Table of Contents: Exhibit A – Complete Streets Policy
[…]
Exhibit A
Complete Streets Policy of the City of Sacramento
A. Purpose and Intent
The City of Sacramento expresses its commitment to the creation of Complete Streets that provide a complete, connected multimodal transportation network that contributes directly to the safety, health, economic vitality, and quality of life of all residents especially the most vulnerable, those walking and rolling.
Under this Complete Streets Policy, the City of Sacramento shall direct the design, construction, reconstruction, and substantial preventative maintenance efforts on the City’s roadways, bridges, pathways, and sidewalks creating a comprehensive, integrated transportation network that is safe, accessible, comfortable, accommodating, and welcoming to all users. This shall include people of all ages, races, ethnicities, incomes, and physical abilities, and all modes of transportation, including walking, rolling, biking, scooting, transit, goods movement, and vehicles (including support for electric vehicles).
The desired outcome of the Complete Streets Policy is to create an equitable, balanced, and effective transportation system where every transportation user can travel safely and comfortably to meet daily needs and where sustainable transportation options are available to everyone.
The City of Sacramento recognizes that not all modes can receive the same degree of accommodations on every street, but the City’s goal is to apply Complete Streets principles to projects, so that users of all ages and abilities can safely, comfortably, and conveniently travel across and through the network.
A Complete Streets approach provides a unique opportunity to thoughtfully integrate and advance multiple short and long-term goals identified in the General Plan, the Vision Zero Action Plan, the Bicycle Master Plan, the Pedestrian Master Plan, and Climate Action Plan, while delivering maximum benefits from both public and private investments.
B. Diverse Users
In creating this Complete Streets Policy, the City of Sacramento recognizes equity as a motivation and shall prioritize vulnerable roadway users and those residing in Disadvantaged Communities. Disadvantaged Communities are defined under California State Senate Bill 535 as the neighborhoods in Sacramento that are most burdened by pollution and other negative environmental factors, public health concerns, and a lack of equitable economic opportunities. These neighborhoods are the top 25% of census tracts within the State of California with the highest CalEnviroScreen score. CalEnviroScreen identifies California communities by census tract that are disproportionately burdened by, and vulnerable to, multiple sources of pollution.
C. All Projects and Phases
Complete Streets describes a comprehensive, integrated transportation network with infrastructure and design to enable safe, attractive, and comfortable access and travel for all users of all abilities, including: pedestrians (includes persons who use personal mobility or assistive devices), bicyclists, persons with disabilities, seniors, children, motorists, movers of commercial goods, operators of public transportation, public transportation users, and emergency responders. Applying the Complete Streets approach and principles to roadways can include shortening crossing distances for pedestrians, adding bike lanes and curb ramps, creating adequate space and planting shade trees, or designating street space for freight deliveries or staging.
The City of Sacramento shall approach every transportation improvement and project phase as an opportunity to apply a Complete Streets framework to create safer, more accessible streets for all roadway users, while upholding the City’s Design Procedures Manual, including Section 15 – Street Design Standards. All street designs shall comply, at minimum, with the:
– City’s Street Design Standards on new streets, except where the Public Works Director or their designee approves exemptions for unique conditions, and include walking and bicycling facilities and installation of street trees on existing streets as appropriate;
– Bicycle Master Plan;
– Area and Specific Plans;
– Pedestrian Crossing Guidelines;
– Signal Timing Policy; and
– Work Zone Detour policies.
The City of Sacramento shall follow recognized best practices when applying these principles including, but are not limited to, Highway Transportation Officials (AASHTO), the California State Department of Transportation, the Institute of Transportation Engineers (ITE), the Federal Highway Administration (FHWA), and the National Association of City Transportation Officials (NACTO).
Transportation improvements and project phases include, but are not limited to: planning, prioritization, funding, design, approval, and implementation processes for any private development project, construction, reconstruction, retrofit, resurfacing, repaving, restriping, rehabilitation, or, alteration streets (including streets, roads, bridges, and other portions of the transportation system), including impacts to mobility due to construction or work zone efforts.
This policy does not apply to:
1. Emergency repairs such as a water main leak that requires immediate, rapid response; and
2. Routine maintenance of the transportation network that does not change the roadway geometry or operations, such as mowing, sweeping, and spot repair.
Exceptions for a given category of users may be excluded if an exception is approved via the process set forth in “D. Exceptions to Policy.”
D. Exceptions to Policy
Exceptions shall be made if any of the following criteria render Complete Streets improvements unworkable:
1. Accommodation is not necessary on corridors where specific users are prohibited, such as light rail corridors. Exclusion of certain users on particular corridors should not exempt projects from accommodating other permitted users.
2. Cost of accommodation is excessively disproportionate to the need or probable use.
3. There is a documented absence of current and future need.
4. Where a reasonable and equivalent project along the same corridor is already programmed to provide facilities exempted from the project at hand.
An exception shall be granted only if:
a) A request for an exception is submitted in writing, with supporting documentation, and made publicly available through public input; and
b) The exception is approved in writing by the Public Works Director or his/her delegate.
Exceptions granted shall be included in the annual data report – “G. Performance Measures.”
E. Jurisdiction
All facilities within the public right-of-way, publicly or privately funded, shall adhere to this Complete Streets Policy. Privately funded projects impacting the public right-of-way shall include in their plans appropriate elements of Complete Streets, depending on the scale of the project.
The City shall continue its collaboration and interagency coordination to foster Complete Streets implementation beyond the City’s borders. These agencies include, but are not limited to unincorporated Sacramento County, State of California, City of Elk Grove, City of West Sacramento, School Districts, public health departments, higher education institutions, and other entities to further the City’s vision of an interconnected and integrated multimodal transportation network.
F. Context Sensitive Design and Street Design Standards
The City will align land use and transportation planning to create Complete Streets solutions that are appropriate to individual contexts; that best serve the needs of all people using streets and the right-of-way; and that support the land-use policies of the City of Sacramento.
Context sensitive design allows roadway design decisions to be more flexible and sensitive to community values, and to better balance economic, social and environmental objectives. In planning and implementing street projects, the City shall take a flexible, innovative, and balanced approach to creating context-sensitive Complete Streets that meet or exceed national best-practice design guidelines. This includes a shift toward designing at a human scale for the needs and comfort of all people and travelers, in considering issues such as street design and width, desired operating speed, hierarchy of streets, mode balance, and connectivity. Design criteria shall not be purely prescriptive but shall be based on the thoughtful application of engineering, planning, and urban design principles. Unintended consequences such as involuntary displacement shall be avoided when possible or addressed with equity and fairness to the affected party.
Because Complete Street design is an evolving field, the best and latest design guidance, standards, and recommendations to maximize design flexibility and innovation while balancing user and modal needs shall be referenced for design guidance including those published from:
1. American Association of State Highway and Transportation Officials (AASHTO)
2. Federal Highway Administration (FHWA)
3. Institute of Transportation Engineers (ITE)
4. National Association of City Transportation Officials (NACTO)
5. Caltrans
G. Implementation and Reporting
The City of Sacramento will take the following next steps to implement this Complete Streets Policy:
1. The Department of Public Works shall incorporate Complete Streets principles into appropriate plans, manuals, checklists, decision trees, rules, regulations, and programs as each document is updated;
2. The Department of Public Works shall review current design standards and specifications and update to ensure that they reflect the best available design standards and guidelines, and effectively implement Complete Streets (Vision Zero Action Plan, Action 2.1), where feasible including pedestrian through zone widths and allowable encroachment
3. The Department of Public Works shall update the Pedestrian Crossing Guidelines (uncontrolled crossings), update pedestrian crossing standards at controlled crossings, and identify a policy for marking legs of a crosswalk (Vision Zero Action Plan, Action 5.2), and present staff recommendations to the Active Transportation Commission, Disabilities Advisory Commission, and the Vision Zero Task Force;
4. The Department of Public Works shall update its traffic signal timing policies based on national best practices to incorporate policies with the goal to slow traffic as well to consider walking, bicycling and transit (Vision Zero Action Plan, Action 5.4); and present staff recommendations to the Active Transportation Commission, Disabilities Advisory Commission, and the Vision Zero Task Force;
5. The Department of Public Works shall update its work zone detour policy to accommodate walking, bicycling, and transit (Council Member, Active Transportation Commission Request);
6. The Department of Public Works shall incorporate Complete Streets within the project prioritization process within the Transportation Master Plan;
7. When available, the City shall encourage staff to participate in professional development and training on non-motorized transportation issues through attending conferences, classes, seminars, and workshops;
8. The City shall promote inter-departmental project coordination among City departments with an interest in the activities that occur within the public right-of-way to better use fiscal resources.
H. Performance Measures
The Department of Public Works shall be responsible for annually collecting and updating performance measures to comprise the annual data report. The annual data report shall be shared with the City Council showing progress made in implementing this policy. The annual data report shall also include the number of approved exceptions from “D. Exceptions to Policy.” The annual data report shall be made available to the public by posting it on the City of Sacramento Public Works Department website. The first annual report shall be due two years after the passage of this Complete Streets Policy.
1. Number of approved exceptions to this Policy
a. Share of exceptions in Disadvantaged Communities
2. Linear feet of new or reconstructed sidewalk
a. Share within Disadvantaged Communities
3. Lane miles of resurfaced, repaved, or reconstructed roadway
a. Share within Disadvantaged Communities
b. Share with Complete Streets facilities
4. Lane miles of new bicycle facilities
a. Share of separated bikeways, buffered, bike lanes, and routes
b. Share of bicycle facilities on High Injury Network (HIN from Vision Zero Action Plan)
c. Share within Disadvantaged Communities
5. Number of new or reconstructed curb ramps installed on streets
a. Share within Disadvantaged Communities
6. Number of new or repainted crosswalks
a. Share within Disadvantaged Communities
7. Number of new crosswalk enhancements (rectangular rapid flashing beacon, pedestrian hybrid beacon, signal)
a. Share on the High Injury Network (HIN from Vision Zero Action Plan)
b. Share within Disadvantaged Communities
8. Number of pedestrian crossing treatments on the HIN (Vision Zero Action Plan/Long-Term Action 5.7)
a. Share on the HIN (Vision Zero Plan/Long-Term Action 5.8)
b. Share within Disadvantaged Communities
9. Upgraded street lighting, including intersection lighting, pedestrian scaled lighting
a. Share of HIN with upgraded street lighting (Vision Zero Action Plan/Long-Term Action 2.6)
10. Number of transit stops and stations that have improved pedestrian and bicycle access at key bus routes and near light rail stations (Vision Zero Action Plan/Long-Term Action 4.2)
11. Number of projects to improve bicycle and pedestrian safety related to turning vehicles at intersections (Vision Zero Action Plan/Long-Term Action 5.5)
a. Share within Disadvantaged Communities
12. Number of crashes, injuries, and fatalities by mode, gender, age
a. Share of crashes in Disadvantaged Communities
13. Mode share – as measured by means of transportation data reported in the American Community Survey “Commuting (Journey to Work)”
Cal. Gov. Code § 14033
Effective: 4/27/17 – Through: 5/31/23
On or before January 1, 2018, the department shall update the Highway Design Manual to incorporate the “complete streets” design concept.
California Department of Transportation, DP-37, Complete Streets
Effective: 12/6/21 – Through: 5/31/23
Policy
The California Department of Transportation (Caltrans) recognizes that walking, biking, transit, and passenger rail are integral to our vision of delivering a brighter future for all through a world-class transportation network. Additionally, Caltrans recognizes that streets are not only used for transportation but are also valuable community spaces. Accordingly, in locations with current and/or future pedestrian, bicycle, or transit needs, all transportation projects funded or overseen by Caltrans will provide comfortable, convenient, and connected complete streets facilities for people walking, biking, and taking transit or passenger rail unless an exception is documented and approved. When decisions are made not to include complete streets elements in capital and maintenance projects, the justification will be documented with final approval by the responsible District Director.
Opportunities for complete streets exist in all phases of project development from planning and design to construction, operations, and maintenance. Complete streets projects should prioritize underserved communities that have been historically harmed and segmented by the transportation network and should serve people of all ages and abilities. Furthermore, Caltrans commits to removing unnecessary policy and procedural barriers and partnering with communities and agencies to ensure projects on local and state transportation systems improve the connectivity to existing and planned pedestrian, bicycle, and transit facilities, and accessibility to existing and planned destinations, where possible.
Intended Results
This policy establishes Caltrans’ organizational priority to encourage and maximize walking, biking, transit, and passenger rail as a strategy to not only meet state climate, health, equity, and environmental goals but also to foster socially and economically vibrant, thriving, and resilient communities. To achieve this vision, Caltrans will maximize the use of design flexibility to provide context-sensitive solutions and networks for travelers of all ages and abilities.
Definitions
Complete Street
A complete street is a transportation facility that is planned, designed, constructed, operated, and maintained to provide comfortable and convenient mobility, and improve accessibility and connectivity to essential community destinations for all users, regardless of whether they are travelling as pedestrians, bicyclists, public transportation riders, or drivers. Complete streets are especially attuned to the needs of people walking, using assistive mobility devices, rolling, biking, and riding transit. Complete streets also maximize the use of the existing right-of-way by prioritizing space-efficient forms of mobility, such as walking and biking, while also facilitating goods movement in a manner with the least environmental and social impacts. Complete streets shift the focus of transportation planning and project development from vehicle movement as the primary goal to the movement of people and goods.
All Ages and Abilities
The “all ages and abilities” concept strives to serve all users-regardless of age, gender, race, or ability and inclusive of the mobility needs of children, older adults, and people with disabilities-by embodying national and international best practices related to traffic calming, speed reduction, universal design, and roadway design to increase user safety and comfort, as well as accessibility for people with disabilities. This approach also includes the use of traffic calming elements or facilities separated from motor vehicle traffic, both of which can offer a greater feeling of security and appeal to a wider spectrum of the public.
Design Flexibility
Caltrans policy supports designers in their application of guidance to achieve our goals of developing complete facilities to serve all members of the community. Design flexibility refers to the ability to develop a design suited to its users and context, and to employ professional judgment and experience to interpret, apply, and adapt appropriate design standards and guidance. Flexibility in design is essential to achieving Caltrans’ goals of putting safety first, enhancing and connecting the multimodal network, leading on climate action, and advancing equity and livability in all communities. Design flexibility includes consideration of diverse user needs, assessment of risk, review of applicable guidance, and documentation of design decisions.
Underserved Community
Underserved communities include low-income, frontline environmental justice, and vulnerable communities, including but not limited to Black and Indigenous peoples, communities of color, people experiencing homelessness, people with disabilities, older adults, and youth. Refer to guidance from the Caltrans Office of Race and Equity for the most current definition.
Accessibility ( Access to Destinations)
Accessibility is the ease by which travelers can reach – or access – desired destinations such as work, shopping and other retail, school, health care, and recreation. Accessibility reflects the number and proximity of destinations, as well as the directness and condition of walking, biking, and transit facilities . This is distinct from accessibility in the context of the Americans with Disabilities Act (ADA); refer to Deputy Directive 42 for more information on ADA and State Disability Laws.
Connectivity
A connected multimodal network allows people to travel by whichever mode they choose and provides convenient, accessible connections between different modes.
State Transportation Network (STN)
Refers to the State Highway System (SHS) and all other multimodal facilities, including parallel and intersecting paths, frontage roads, and other facilities not directly on the SHS mainline.
Responsibilities
All employees in the following functional groups have specific responsibilities related to implementation of this policy in their program areas:
Director’s Office – Headquarters Sustainability
• Lead, coordinate, and facilitate development of implementation plan for this policy in coordination with appropriate functional groups.
• Facilitate alignment of policy, guidance, and training to meet state’s climate, health, equity, walking, biking, transit, and passenger rail goals.
• Facilitate coordination, information sharing, and collaboration among Divisions and Districts on topics related to complete streets.
• Track, monitor, report, and communicate Caltrans ‘ progress toward meeting its policy and strategic goals related to walking, biking, transit, and passenger rail.
• Establish and facilitate internal/external advisory committees to provide technical input, strategic direction, and implementation guidance to Caltrans policies related to complete streets.
Planning and Modal Programs
Headquarters
• Develop, maintain, and update state plans, training, and resources to assist in the identification and prioritization of pedestrian, bicycle, transit, and passenger rail needs and recommended improvements on or across the SHS.
• Develop guidance for integrating pedestrian, bicycle, transit, and passenger rail needs from the corridor planning process into future complete streets projects.
• Identify best practices for increased and meaningful engagement with partners, stakeholders, and communities during the development of plans and projects that facilitate the inclusion of complete streets elements as appropriate.
• Work with local and regional transit and rail partners to identify and implement first mile/last mile solutions, both on and off the STN.
• Provide technical support and guidance to internal and external stakeholders on enhancing rail and transit reliability and operations related to complete streets within and adjacent to the STN.
• Promote Caltrans policies related to complete streets in rail and transit planning documents and grant program guidelines.
Districts
• Develop, maintain, and update plans, tools, and other planning documents to identify and prioritize pedestrian, bicycle, and transit needs and recommended improvements on or across the SHS.
• Verify that proposed projects are in alignment with local, regional, and state planning documents detailing pedestrian, bicycle, transit, and passenger rail needs on or across the SHS.
• Integrate pedestrian, bicycle, transit, and passenger rail improvements from the corridor planning process into projects.
• Include complete streets elements in projects during the pre-Project Initiation Document (pre-PID) and PID phases.
• Participate in Project Development Teams (PDTs) to assist in delivering complete streets elements identified in PID phase.
• Develop and implement strategy for meaningful engagement with partners, stakeholders, and communities during the development of plans and projects that facilitate the inclusion of complete streets elements as appropriate.
• Identify and pursue partnerships and funding opportunities with local, regional, and state agencies.
• Work with local and regional transit and rail partners to identify and implement first mile/last mile solutions, both on and off the STN.
• Promote pedestrian, bicycle, and transit improvements and land uses supportive of these modes in local projects through the Local DevelopmentIntergovernmental Review process.
Project Delivery
Headquarters
• Develop, maintain, and update policy, procedures, guidance, and standards pertaining to the design and construction of complete streets facilities in alignment with Caltrans and state walking, biking, transit, and passenger rail goals, including but not limited to temporary access during construction.
• Provide training and guidance to promote the use of “world-class” design best practices related to complete streets throughout Caltrans, including the adoption of design flexibility guidance, contextual guidance, and others.
• Cultivate subject-matter expertise for design excellence of complete streets facilities in projects on or across the STN.
• Designate a complete streets asset manager to track and monitor progress of complete streets statewide as an asset in the State Highway System Management Plan (SHSMP) and develop funding and performance targets for complete streets in the State Highway Operation and Protection Program (SHOPP).
• Establish and oversee processes for documenting decisions related to complete streets elements.
Districts
• Implement project delivery strategies and best practices to further enhance the delivery of complete streets, including coordination of community engagement efforts.
• Implement “world-class” design best practices related to complete streets.
• Cultivate subject-matter expertise for design excellence of complete streets facilities in projects on or across the STN.
• Promote and exercise design flexibility throughout project development process.
• Document decisions related to complete streets elements.
• Implement and oversee use of standard plans and specifications, as well as best practices, for temporary pedestrian, bicycle, and transit access routes during construction.
Maintenance
Headquarters
• Develop, maintain, and update policy, procedures, guidance, manuals, training and standards pertaining to the maintenance of complete streets facilities.
• Work with Districts to determine equipment needs for maintenance of current and future complete streets facilities, including application-specific equipment such as sweepers for sidewalks and bikeways where standard maintenance equipment cannot be used.
• Coordinate with Division of Equipment to procure complete streets maintenance equipment.
• Develop and provide training to Maintenance staff on maintenance best practices for complete street facilities.
• Facilitate collection and maintenance of active transportation facility inventory and condition data to inform maintenance decisions.
• Develop, maintain, and update maintenance agreement templates for complete streets facilities.
Districts
• Maintain complete streets facilities on the SHS in accordance with maintenance policy, procedures, guidance, manuals, and standards.
• Develop, execute, and update, as needed, maintenance agreements with local agencies for complete street facilities that are mutually beneficial to both entities and protect the investments made in new infrastructure.
• Collaborate with Headquarters Divisions of Maintenance and Equipment to purchase or lease equipment necessary to maintain current and future complete streets facilities, including application-specific equipment such as sweepers for sidewalks and bikeways where standard maintenance equipment cannot be utilized.
• Maintain and use active transportation facility inventory and condition data to inform maintenance decisions.
• Collaborate with Planning, Safety, and Complete Streets Coordinators to identify opportunities for complete streets improvements in Highway Maintenance projects.
Traffic Operations
Headquarters
• Develop, maintain, and update policy, procedures, guidance, and standards pertaining to the operations of facilities to improve access to destinations by walking, biking, transit, and passenger rail, including but not limited to temporary access during construction.
• Develop policy and framework for collecting and maintaining current pedestrian and bicycle count data.
• Develop, maintain, and update training, guidance, and procedures to improve encroachment permit application process for local agency-sponsored complete streets projects that are on or cross the SHS.
• Identify and develop proposals to address policy and procedural barriers to implementing locally-sponsored complete streets projects on and across the SHS.
Districts
• Collect and maintain current pedestrian and bicycle count data.
• Identify opportunities to leverage traffic control devices, where needed, to better facilitate the throughput of people walking, biking, and taking transit.
• Implement standard plans and specifications for temporary pedestrian, bicycle, and transit access routes during construction.
• Support the delivery of complete streets improvements in capital projects.
• Identify strategies to streamline the approval process for complete streets projects seeking encroachment permits.
Safety Programs
Headquarters
• Develop, maintain, and update policy, procedures, guidance, plans, documents, and technical assistance to proactively or responsively identify pedestrian and bicycle safety needs on the SHS.
• Develop and administer programs to investigate locations and provide recommendations for improvements at locations with pedestrian and bicycle safety needs.
• Identify opportunities to leverage traffic control devices, where needed, to better facilitate the throughput of people walking, biking, and taking transit.
Districts
• Develop and implement innovative, context-sensitive solutions to address the safety of vulnerable roadway users.
• Investigate and implement countermeasures at locations with pedestrian and/or bicycle safety concerns/needs.
• Engage with internal functions and seek input from external stakeholders on pedestrian and bicycle safety needs during investigations.
Equipment
• Procure and provide training on equipment needed to maintain current and future complete streets facilities.
• Track and share with districts the national state of the practice for equipment used to maintain pedestrian, bicycle, and transit features.
Asset Management
Headquarters
• Track, monitor, and report on progress of complete streets as an asset in the SHSMP.
• Finalize funding and SHSMP performance targets for complete streets in the SHOPP.
• Support Districts in tracking and reporting on complete streets assets.
Districts
• Compile identified complete streets needs into SHOPP projects to support Districts in meeting performance targets.
• Regularly update Asset Management Tool with complete streets assets identified in all projects.
• Track and monitor progress of complete streets as an asset in the SHSMP and report progress to Headquarters Asset Management and Complete Streets Program Manager.
Local Assistance
Headquarters
• Provide support and technical assistance to local and regional agencies and Caltrans Districts applying for state or federal active transportation funding.
• Provide tools, training, and resources to support the successful delivery of local and regional active transportation projects on time, in scope, and within budget.
Districts
• Provide support and technical assistance to local and regional agencies and Caltrans Districts applying for state or federal active transportation funding.
• Provide tools, training, and resources to support the successful delivery of local and regional active transportation projects on time, in scope, and within budget.
Legal
• Provide counsel and support on legal issues pertaining to complete streets policies, procedures, and projects.
District-Designated Complete Streets Coordinator(s)
• District Directors will designate complete streets coordinator(s) .
• Work with PDTs to maximize opportunities for inclusion of complete streets in all project phases by actively participating in the pre-scoping, project initiation, and project development phases.
• Support the asset manager in tracking and monitoring complete streets assets.
• Assist with identifying project-specific complete streets needs throughout project planning, development, and delivery.
• Review and provide concurrence to decision documents related to complete streets.
• Work with other functions to provide technical assistance to local agency sponsored projects that are on or cross the SHS to incorporate complete streets elements.
• Collaborate with local and regional partners, advocacy and community groups, and District engineers to identify pedestrian, bicycle, and transit gaps to incorporate into planning documents and projects.
• Provide recommendations for partnerships and funding opportunities with local, regional, and state agencies.
Applicability
This policy applies to all Caltrans employees.
Cal. Government Code § 65040.2
Effective: 12/31/08 – Through: 5/31/23
(a) In connection with its responsibilities under subdivision (l) of Section 65040, the office shall develop and adopt guidelines for the preparation of and the content of the mandatory elements required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3. For purposes of this section, the guidelines prepared pursuant to Section 50459 of the Health and Safety Code shall be the guidelines for the housing element required by Section 65302. In the event that additional elements are hereafter required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3, the office shall adopt guidelines for those elements within six months of the effective date of the legislation requiring those additional elements.
(b) The office may request from each state department and agency, as it deems appropriate, and the department or agency shall provide, technical assistance in readopting, amending, or repealing the guidelines.
(c) The guidelines shall be advisory to each city and county in order to provide assistance in preparing and maintaining their respective general plans.
(d) The guidelines shall contain the guidelines for addressing environmental justice matters developed pursuant to Section 65040.12.
(e) The guidelines shall contain advice including recommendations for best practices to allow for collaborative land use planning of adjacent civilian and military lands and facilities. The guidelines shall encourage enhanced land use compatibility between civilian lands and any adjacent or nearby military facilities through the examination of potential impacts upon one another.
(f) The guidelines shall contain advice for addressing the effects of civilian development on military readiness activities carried out on all of the following:
(1) Military installations.
(2) Military operating areas.
(3) Military training areas.
(4) Military training routes.
(5) Military airspace.
(6) Other territory adjacent to those installations and areas.
(g) By March 1, 2005, the guidelines shall contain advice, developed in consultation with the Native American Heritage Commission, for consulting with California Native American tribes for all of the following:
(1) The preservation of, or the mitigation of impacts to, places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code.
(2) Procedures for identifying through the Native American Heritage Commission the appropriate California Native American tribes.
(3) Procedures for continuing to protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects.
(4) Procedures to facilitate voluntary landowner participation to preserve and protect the specific identity, location, character, and use of those places, features, and objects.
(h) Commencing January 1, 2009, but no later than January 1, 2014, upon the next revision of the guidelines pursuant to subdivision (i), the office shall prepare or amend guidelines for a legislative body to accommodate the safe and convenient travel of users of streets, roads, and highways in a manner that is suitable to the rural, suburban, or urban context of the general plan, pursuant to subdivision (b) of Section 65302.
(1) In developing guidelines, the office shall consider how appropriate accommodation varies depending on its transportation and land use context, including urban, suburban, or rural environments.
(2) The office may consult with leading transportation experts including, but not limited to, bicycle transportation planners, pedestrian planners, public transportation planners, local air quality management districts, and disability and senior mobility planners.
(i) The office shall provide for regular review and revision of the guidelines established pursuant to this section.
Cal. Government Code § 65302
Effective: 12/31/21 – Through: 12/30/22
The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
[. . .]
(4) For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
(B) “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(C) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.

Cal. Labor Code § 230 Jury duty; legal actions by victims of domestic violence, sexual assault, or stalking; employer prohibited from discharging or discriminating against employee for taking time off for court appearance or due to employee’s status as a victim; advance notice for time off; reasonable accommodation; reinstatement and reimbursement; right to file complaint with the Division of Labor Standards Enforcement; compensatory time off
01/01/2021 – 06/01/2024
(a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve.

(b) An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

(c) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.

(d) (1) As a condition of taking time off for a purpose set forth in subdivision (c), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.

(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following:

(A) A police report indicating that the employee was a victim.

(B) A court order protecting or separating the employee from the perpetrator of the crime or abuse, or other evidence from the court or prosecuting attorney that the employee has appeared in court.

(C) Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting in victimization from the crime or abuse.

(D) Any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section or under Section 230.1.

(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c).

(e) An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.

(f) (1) An employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work.

(2) For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or other crime that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other crime, or referral to a victim assistance organization.

(3) An employer is not required to provide a reasonable accommodation to an employee who has not disclosed the employee’s status as a victim of domestic violence, sexual assault, or stalking.

(4) The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.

(5) In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee.

(6) This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employer’s business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.

(7) (A) Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under this subdivision.

(B) The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (d).

(C) An employer who requests certification pursuant to subparagraph (B) may request recertification of an employee’s status as a victim of domestic violence, sexual assault, or stalking, or ongoing circumstances related to the crime or abuse, every six months after the date of the previous certification.

(D) Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure.

(E) (i) If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.

(ii) Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.

(F) If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.

(8) An employer shall not retaliate against a victim for requesting a reasonable accommodation, regardless of whether the request was granted.

(g) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off for a purpose set forth in subdivision (a) or (b) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

(2) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer for reasons prohibited in subdivision (c) or (e), or because the employee has requested or received a reasonable accommodation as set forth in subdivision (f), shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief.

(3) An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.

(h) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (a), (b), (c), (e), or (f) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.

(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (c), (e), or (f) within one year from the date of occurrence of the violation.

(i) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a), (b), or (c). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.

(j) For purposes of this section:

(1) “Crime” means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.

(2) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.

(3) “Immediate family member” means a person who is any of the following:

(A) Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor.

(B) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee or the employee’s spouse or domestic partner was a minor child.

(C) A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.

(D) A biological, foster, or adoptive sibling, a stepsibling, or a half-sibling.

(E) Any other individual whose close association with the employee is the equivalent of a family relationship described in subparagraph (A), (B), (C), or (D).

(4) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended.

(5) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.

(6) “Victim” includes any of the following:

(A) A victim of stalking, domestic violence, or sexual assault.

(B) A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury.

(C) A person whose immediate family member is deceased as the direct result of a crime.

(D) For the purposes of subdivision (b) only, any person against whom any crime has been committed.

(7) “Victim advocate” means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.

Cal. Labor Code § 246 Paid sick days
01/01/2024 – 06/01/2024
(a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code who also provides in-home supportive services in an applicable month, eligibility shall be determined based on the aggregate number of monthly hours worked between in-home supportive services and waiver personal care services pursuant to subdivision (d) of Section 14132.971.

(2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual in paragraph (1) of subdivision (b). For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code, entitlement to paid sick days begins on July 1, 2019.

(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section.

(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek.

(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period, and no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period.

(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment, and no less than 40 hours or 5 days of paid sick leave that is available to the employee to use by the completion of the employee’s 200th calendar day of employment.

(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued.

(d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means five days or 40 hours.

(e) For a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, and an individual provider of waiver personal care services under Section 14132.97 of, the Welfare and Institutions Code, the term “full amount of leave” is defined as follows:

(1) Eight hours or one day in each year of employment, calendar year, or 12-month period beginning July 1, 2018.

(2) Sixteen hours or two days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached thirteen dollars ($13) per hour.

(3) Twenty-four hours or three days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached fifteen dollars ($15) per hour.

(4) Forty hours or five days in each year of employment, calendar year, or 12-month period beginning January 1, 2024.

(f) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following:

(1) Satisfies the accrual, carryover, and use requirements of this section.

(2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least five days or 40 hours of sick leave or paid time off within six months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision.

(3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive, of the Government Code, meet the requirements of this section.

(g) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment.

(2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment.

(h) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation.

(i) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016.

(j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 80 hours or 10 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section.

(k) An employee may determine how much paid sick leave they need to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave.

(l) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations:

(1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek.

(2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment.

(3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time.

(m) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.

(n) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken.

(o) The State Department of Social Services, in consultation with stakeholders, shall convene a workgroup to implement paid sick leave for in-home supportive services providers as specified in this section. This workgroup shall finish its implementation work by November 1, 2017, and the State Department of Social Services shall issue guidance such as an all-county letter or similar instructions by December 1, 2017.

(p) No later than February 1, 2019, the State Department of Social Services, in consultation with the Department of Finance and stakeholders, shall reconvene the paid sick leave workgroup for in-home supportive services providers. The workgroup shall discuss how paid sick leave affects the provision of in-home supportive services. The workgroup shall consider the potential need for a process to cover an in-home supportive services recipient’s authorized hours when a provider needs to utilize their sick time. This workgroup shall finish its work by November 1, 2019.

(q) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of an all-county letter, or similar instructions, without taking any regulatory action.

(r) Subdivisions (g), (h), (i), (l), (m), and (n) shall preempt any local ordinance to the contrary.

Cal. Labor Code § 246.5 Employer provided sick days; employee request; replacement workers; accrued sick days
01/01/2024 – 06/01/2024
(a) Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes:

(1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.

(2) For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1.

(b) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.

(c) (1) An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

(2) There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following:

(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this article.

(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this article.

(C) Opposition by the employee to a policy, practice, or act that is prohibited by this article.

(d) Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, “employee” shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.

Cal. Labor Code § 245.5 Definitions
01/01/2024 – 06/01/2024
As used in this article:

(a) “Employee” does not include the following:

(1) Except as provided in subdivision (d) of Section 246.5, an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.

(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.

(3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.

(4) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.

(5) An employee as defined in Section 351(d) of Title 45 of the United States Code.

(b)(1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.

(2) “Employer” does not include any employer described in Section 351(a) of Title 45 of the United States Code.

(c) “Family member” means any of the following:

(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

(3) A spouse.

(4) A registered domestic partner.

(5) A grandparent.

(6) A grandchild.

(7) A sibling.

(8) A designated person, which, for purposes of this article, means a person identified by the employee at the time the employee requests paid sick days. An employer may limit an employee to one designated person per 12-month period for paid sick days.

(d) “Health care provider” has the same meaning as defined in Section 12945.2 of the Government Code.

(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.

Sacramento Sustainable Purchasing Policy (SPP)
Effective: 4/1/22 – Through: 6/1/23
Attached file: SAC_Sustainable_Purchasing_Policy_SPP.pdf
[. . .]

Description/Analysis

Issue Detail: Senate Bill (SB) 1383 (Lara, Chapter 395, Statutes of 2016), signed into law in 2016 by Governor Edmund Brown, Jr., was enacted to reduce the environmental impacts caused by the release of methane emissions from organic materials decomposing in landfills, as well as to increase statewide edible food recovery efforts beginning January 1, 2022. It established the annual recovered organic waste product procurement targets for each jurisdiction (city, county, or city and county) in California that will be in effect from January 1, 2022, through December 31, 2026. The Annual Procurement Target for the City of Sacramento is 41,254 tons of organic waste.

The proposed ordinance will require purchases of recovered organic mulch and paper to comply with the City’s policies regarding the preferred purchase of sustainable products.

Policy Considerations: The City has had a Sustainable Procurement Policy (SPP) since 2010 but has not previously incorporated it into the City Code. Incorporation of the requirements of SB 1383 into the SPP and approval of the proposed ordinance will codify the requirements for procurement of environmentally friendly products.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act: This action is not a “project” subject to CEQA because it involves administrative matters and will not result in new physical development, direct changes to the physical environment, and any reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines § 15378(b)(5).)

Sustainability: The amendments are anticipated to increase the City’s diversion rate and will lower methane emissions associated with the disposal of organic waste in landfills. It will increase the procurement of recycled post-consumer waste products by the City.

Commission/Committee Action: This item was reviewed and approved by the Law and Legislation committee on March 15, 2022, Report No. 2022-00560.

Rationale for Recommendation: SB 1383 required jurisdictions to adopt mechanisms to obtain compliance and enforce the requirements of state law related to the procurement of environmentally friendly products. Adopting the ordinance is necessary for the City to comply with SB 1383 and to ensure that the City supplier’s meet the usage and reporting requirements of SB 1383 and the SPP.

[. . .]

Sustainable Procurement Policy (SPP)

Policy Number: AP-4003

Document Type: Policy

Version: 2.0

Effective: April 2022

Last Updated: February 2022

Responsible Department/Division: Finance/Procurement

Policy Statement:

This policy sets forth City policy regarding the preferred purchase of sustainable products for City facilities and operations.

[. . .]

Purpose:

It is the policy of the City of Sacramento, applicable to all departments and divisions, to set a standard of sustainable and environmentally preferable procurement and demonstrate the City’s commitment to environmental, economic, and social stewardship. The purpose of this policy is to provide City employees with clear and consistent instructions on how to consider and make purchases of SPP supplies and services when appropriate, consistent with the Council-adopted Sustainability Master Plan and Sustainability Plan.

[. . .]

Definitions:

Bid / Price Preference – Awards projects or purchase to qualified bidders provided their bids are within a prescribed percentage of the low bid.

Biomass – Renewable organic material that comes from plants and animals.

Buyer – Either (1) a position or employee in the Procurement Division authorized by the City Manager or Director of Finance to administer the procurement of supplies on behalf of one or more City Departments, or (2) a position or employee outside of the Procurement Division authorized by the Department Director to administer the procurement of supplies on behalf of the Department. A Buyer is not authorized to execute supply contracts on behalf of the City unless such signature authority has been delegated by the City Manager in accordance with applicable provisions of the City Code, or (3) anyone authorized to purchase or contract for purchases on behalf of the City, any department, or its subdivisions.

CalRecycle – The California Department of Resources Recycling and Recovery is a branch of the California Environmental Protection Agency that oversees the state’s waste management, recycling, and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board.

Dioxins – chemical compounds classified as persistent, bio-accumulative, and toxic by the U.S. Environmental Protection Agency (EPA).

Electronic or E-Waste – Waste that consists of electronic products nearing the end of useful life.

End User – The final consumer of products. Post-consumer waste is collected from the end user.

Energy-Efficient Product(s) – Products that meet the EPA Energy Star qualifications or U.S. Department of Energy’s (DOE) Federal Energy Management Program (FEMP) and vehicles that meet EPA’s Smart Way qualifications.

Environmentally Preferable Purchasing – product or services with a reduced effect on human health or the environment when compared with products or services that serve the same purpose, or products and services that have been proven to have positive impacts on the environment.

Environmentally Responsible – Products or product usage procedures which are acknowledged to have minimal impact on the environment. Such products or procedures should reduce environmental impact through their composition and/or recyclability or by reduction in quantity and toxicity of waste products, energy use or water consumption. This also includes the purchase of products or services that provide environmental benefits, such as by sequestering carbon or reducing urban heat or stormwater runoff.

Fiscally Responsible Price– The cost factor or purchase price for recycled products, or for more environmentally responsible items, should be consistent with a suggested variance of 5% above the acquisition cost for similar or less environmentally responsible items.

Furans- chemical compounds classified as persistent, bioaccumulate and toxic by the EPA.

Green Sheltered Market Bid- A solicitation whereby only SPP products or services are acceptable.

Hazardous Waste – Waste that poses substantial or potential threats to public health or the environment and consists of four key traits: ignitability, reactivity, corrosivity, and toxicity.

Life-Cycle Cost – The comprehensive accounting of the total cost of a product including procurement, initial cost, energy and operational cost, maintenance, longevity of service and disposal.

LS-20 – The City’s current landscape maintenance agreement that includes terms and conditions used to manage landscape contractors and services.

Non-Toxic Product(s) – Any item which is not considered hazardous waste and that does not otherwise pose a threat to short or long-term human health during its use.

Organic (product) – Produced or involving production without the use of chemical fertilizers, pesticides, or other artificial agents.

Paper Products – Include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

Post-Consumer Waste (PCW) – Discarded items and materials used by consumers, often collected from homes and businesses, rather than waste generated during a manufacturing process.

Practicable – sufficient in performance and available at a reasonable price capable of being done, effected, or put into practice, with the available means; feasible.

Pre-consumer Waste – Discarded items or materials generated during a manufacturing process but not yet used by consumers, such as damaged or obsolete products, overruns, and trimmings.

Printing and Writing Papers – Include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

Product Analysis –A tool in evaluating purchases to incorporate sustainable practices including: reduction of greenhouse gases, minimal and recycled content packaging, buying local, reduced energy and fuel consumption and reduction of toxic substances released into the environment.

Recyclability – The Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).

Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper – Products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

Recycled Product(s) – Products made with an identifiable percentage (1% – 100%) of post- consumer material content or of discarded virgin materials salvaged from the industrial waste stream. High content recycled products contain a minimum of 50% of postconsumer material.

Resin Identification Code (RIC) – A number-based coding system placed on plastics to identify the polymer for purposes of recycling:

#1 – polyethylene terephthalate (PET)

#2 – high density polyethylene (HDPE)

#3 – polyvinyl chloride (PVC)

#4 – low density polyethylene

#5 – polypropylene (PP)

#6 – polystyrene (PS)

#7 – other (mixed plastic)

SB 1383 – Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.

SB 1383 Regulations or SB 1383 Regulatory – The Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

Sustainable Product – A product that achieves performance objectives while respecting the City’s values and balancing environmental stewardship, social equity, fiscal responsibility, and community enhancement.

Sustainable Purchasing – Purchasing materials, products, and labor in a manner that reflects fiscal responsibility, social equity, environmental stewardship, and community enhancement.

Toxic substance – A chemical or mixture that may present an unreasonable risk or injury to human health or the environment.

Volatile Organic Compound (VOC) – organic compound that typically vaporizes at room temperature and participates in atmospheric photochemical reactions.

Waste Diversion – The act of preventing waste from being disposed into landfills and incinerators.

Waste Reduction – The act of avoiding, eliminating, and reducing the amount of solid waste at the source of generation, at the point of usage and at the time of its discard.

Waste Stream – The total flow of solid waste from homes, businesses, institutions, and manufacturing plants that is recycled, burned, or disposed or in landfills, often broken into different waste stream types.

WELO – Water Efficient Landscape Ordinance

[. . .]

2.1 Sustainable Purchasing Policy Objectives

2.1.1 The SPP objectives will include acquisitions that:

• Conserve natural resources

• Reduce the use of water and energy

• Minimize environmental impacts such as greenhouse gas emissions, other air pollutant emissions, and water pollution

• Eliminate or reduce toxics that create hazards to our workers and our community

• Support strong recycling efforts and utilize products where a high likelihood of recycling exists (e.g. steel and paper products)

• Reduce materials that are placed in landfills

• Increase the use and availability of environmentally preferable products

• Encourage vendors to reduce environmental impacts in their production and distribution systems

• All buyers shall consider short-term and long-term cost in comparing product alternatives when feasible. This includes evaluation of total cost expected during the time a product is owned, extended warranties, operation, supplies, maintenance, disposal cost and expected lifetime compared to other alternatives.

2.1.2 The City’s SPP Officer, the Procurement Division, Sustainability personnel, Buyers, Contract Administrators, Solicitation Administers, and all others delegated with procurement authority will be responsible for meeting the objectives of this program. They will endeavor to procure products and services in a manner that integrates fiscal responsibility, social equity, environmental stewardship, and community enhancement

2.2 Data Collection and Performance Reporting

2.2.1 Buyer shall require suppliers to provide data for performance tracking and evaluation of the City’s Sustainable Purchasing Policy and SB 1383 requirements

2.2.2 Supplier shall be able to provide written documentation that shows which products meet SPP and SB 1383 criteria.

2.2.3 Bidder may be deemed non-responsive if unable to provide the information requested in 2.2.2.

2.2.4 Buyer shall work with the Bidder to defend any bid protests based upon the SPP bid preference.

2.2.5 Buyer shall compile records for producing an annual summary of the City’s SSP and SB 1383 requirements and forward these reports to the City’s SSP Administrator. This will include downloading and providing all invoices for purchases of SPP or SB 1383 goods or services.

2.2.6 Each City department shall cooperate in gathering the information for purposes of tracking, reporting, and evaluating the SPP and SB 1383.

2.3 Defining Sustainable Products

2.3.1 In general, SPP products and services are those that would reduce the adverse effect on human health and the environment when compared with competing products and services.

2.3.2 SPP products meet or exceed the State’s minimum content requirements as stated in PCC 12209 to qualify for bid preference and to be considered environmentally friendly:

(a) Recycled paper products shall consist of at least 30 percent, by fiber weight, postconsumer fiber.

(b) Recycled printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer fiber.

(c) Recycled compost and mulch shall contain at least 80 percent of the products shall consist of materials, including, but not limited to, the materials listed in subdivision (c) of PCC Section 12207, that would otherwise be normally disposed of in landfills.

(d) Recycled glass, the total weight shall consist of at least 10% postconsumer material.

(e) Refined lubricating oil shall have a base oil content consisting of at least 70 percent post consumer recycled oil.

(f) (1) Recycled plastic products, the total weight shall consist of at least 10 percent postconsumer material.

(f) (2) Recycled printer or duplication cartridges shall comply with the either the requirements set forth in subdivision (e) of PCC section 12156 or the general requirements for recycled plastic products set forth in paragraph (f) (1).

(g) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer content. Pre-consumer or secondary paint does not qualify as “recycled paint” pursuant to this subdivision. If paint containing 50 percent postconsumer content is unavailable or is restricted by a local air quality management district, a City department may substitute paint with at least 10 percent postconsumer content.

(h) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials.

(i) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code.

(j) Tire-derived products, the total content shall consist of at least 50 percent recycled used tires.

(k) Recycled metal products, the total weight shall consist of at least 10 percent postconsumer material.

(l) Reused or refurbished products, there is no minimum content requirement.

2.3.3 SPP products meet or exceed the City’s minimum content requirements and are eligible for bid preference if they are certified by an independent 3rd party to have one or more of the following attributes:

(a) Biobased.

(b) Biodegradable.

(c) Carcinogen-free.

(d) Chlorofluorocarbon (CFC) free.

(e) Energy, resource, or water efficient.

(f) Formaldehyde free.

(g) Heavy-metal free (i.e., no lead, mercury, cadmium, etc.

(h) Low volatile organic compound (VOC) content.

(i) Made from renewable materials.

(j) Compostable.

(k) Low toxicity.

(l) Rechargeable (i.e., batteries, etc.).

(m) Reduced packaging.

(n) Reduced greenhouse gas emissions.

2.3.4 Recognized 3rd party certifications (not all inclusive):

(a) ASTM International, janitorial services, et al.

(b) Carpet and Rug Institute (CRI), floor care products and techniques.

(c) Chlorine Free Products Association (CFPA), chlorine usage in a product.

(d) Cradle-to-Cradle, product certification for safe sourcing.

(e) Energy Star, energy-efficient products.

(f) EPA Recycled Content, paper and plastic products.

(g) EPA Safer Choice, institutional cleaning products.

(h) Forest Stewardship Council, paper products.

(i) Green Seal, institutional cleaning products.

(j) Green Shield Certified, pest control.

(k) IMO Certified, textiles and paper.

(l) IPM Star, pest control.

(m) ISSA CIMS-GB, janitorial services.

(n) LEED, buildings.

(o) NSF/ANSI, floor coverings and fabrics.

(p) Processed Chlorine Free, chlorine usage in a product.

(q) Sustainable Forestry Initiative (SFI), paper products.

(r) UL EcoLogo, institutional cleaning products.

(s) UL Energy Efficient, energy-efficient products.

(t) UL GreenGuard, chemical emissions from low-emitting indoor products

2.4 Procurement / Department / Contractor Responsibilities

2.4.1 Bid Preference for SPP products and service were authorized by the City Council on September 19, 2000, Resolution No. 2000-551.

2.4.2 SPP bid evaluation preference in incremental amounts not to exceed five percent (5%) for recycled products or environmentally friendly products as detailed in Section 2.3 shall be used.

2.4.3 SPP bid evaluation preference shall not exceed a total value of $50,000 on any single procurement bid preference.

2.4.4 SPP Bid preference shall be stated in the bid instructions for purchases of goods or services that have a recycled option.

2.4.5 If fitness and quality are equal, each City department shall purchase recycled products, as defined in PCC Section 12200, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items {PCC 22150 (a)}.

2.4.6 If fitness and quality are equal, each City department shall purchase recycled products, as defined in Section 12200, instead of nonrecycled products if the cost of the recycled product does not exceed the cost of the recycled product plus the amount determined by the bid preference.

2.4.7 In bids in which the City department has reserved the right to make multiple awards, the recycled product preference cost shall be applied, to the extent possible, to maximize the dollar participation of firms offering recycled products in the contract award {PCC 22151}.

2.4.8 All City departments shall require all suppliers to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies offered or sold {PCC 22152 (a)}.

2.4.9 The certification requirement 2.4.8 may be waived if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or supplier Internet website {PCC 22154}.

2.4.10 PRINTING SERVICE CONTRACTS (both Citywide and Department specific): shall provide documentation that the paper used shall meet the recycled content requirements of Section 12209 {PCC 22153}: “Recycled paper products shall consist of at least 30 percent, by fiber weight, postconsumer fiber.”

(a) The requirements of Section 2.4.1 through 2.4.10 shall be stated on all printing service bids / contacts.

(b) On any quotes for a printing project, the buyer will request recycled content paper as the primary paper to be used.

(c) The Contractor will quote recycled content paper for the purchase. Contractor may take exception to the recycled content requirement for either of the two reasons listed in Paragraph 2.4.5 or 2.4.6. The exception must be noted on the written quote.

(d) The recycled logo shall be printed on all City business cards.

(e) The recycled logo shall be printed on all City printing projects that are printed on qualified recycled paper.

2.4.11 OFFICE SUPPLY CONTRACTS: shall provide that the paper products used shall meet the recycled content requirements of Section 12209 {PCC 22150 – 22153}.

(a) The requirements of Section 2.4.1 through 2.4.9 and 2.4.11 shall be stated on all office supply bids and contracts.

(b) On any quotes for office supply paper products, the buyer shall ask for a recycled content paper as the primary paper to be used.

(c) The Contractor will quote recycled content paper for the purchase. Contractor may take exception to the recycled content requirement for either of the two reasons listed in Paragraph 2.4.5 or 2.4.6. The exception must be noted on the written quote.

2.4.12 JANITORIAL SUPPLY CONTRACTS: shall provide that the paper and chemical products used shall meet the recycled content requirements of Section 12209 {PCC 22150 – 22153}.

(a) The requirements of Section 2.4.1 through 2.4.9 and 2.4.12 shall be stated on all office supply bids and contracts.

(b) On any quotes for janitorial supply paper products and chemicals, the buyer shall ask for a recycled content paper or chemicals as the primary goods to be used.

(c) The Contractor will quote recycled content paper for the purchase. Contractor may take exception to the recycled content requirement for either of the two reasons listed in Paragraph 2.4.5 or 2.4.6. The exception must be noted on the written quote.

2.4.13 JANITORIAL SERVICE CONTRACTS: shall provide that the consumable products and chemicals used shall meet the recycled content requirements of Section 12209 {PCC 22150 – 22153}.

(a) The requirements of Section 2.4.1 through 2.4.9 and 2.4.13 shall be stated on all office supply bids and contracts.

(b) The contractor shall be responsible for meeting all State reporting requirements.

(c) The Contractor will quote recycled content paper for the purchase. Contractor may take exception to the recycled content requirement for either of the two reasons listed in Paragraph 2.4.5 or 2.4.6. The exception must be noted on the written quote.

2.4.14 COPIERS AND PRINTERS: ink or toner cartridges shall comply with the requirements of subdivision (e) of PCC Section 12156. Section 2.4.14 will be included in all quotes, bids, and contracts for acquisition of these items.

2.5 Surplus Disposition

2.5.1 Surplus products, materials, goods, or supplies may be offered for use to other City departments.

2.5.2 Surplus products, materials, goods, or supplies, if unable to be further used by the City, shall be let out to bid at public auction by members of the public, or may be donated by action of the City Council, per City Code 3.60.

2.6 Priorities

2.6.1 The health and safety of workers and citizens takes precedence over the requirements stated in this policy.

2.6.2 Nothing contained in this policy shall be construed as requiring a buyer or contractor to procure products or services that do not perform adequately for their intended use, exclude adequate competition, or procure products or services that are not available at a reasonable price, or available within a reasonable timeframe.

2.6.3 Nothing contained in this policy shall be construed as requiring a buyer or contractor to take any action that conflicts with city code, or state and federal requirements when applicable.

2.7 Effective Date of this Policy 2.7.1 This policy will go into effect on April 1, 2022.

Sacramento City Code § 5.138.030 Definitions
01/01/2020 – 06/01/2024
As used in this chapter, the following words and phrases shall have the meaning given them in this section, unless the context clearly requires otherwise:

“Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an “arm’s length transaction.”

“Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice.

“City manager” means the city manager of the city or his or her designee.

“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor.

“Itinerant tobacco retailing” means engaging in tobacco retailing at other than a fixed location.

“License” means a tobacco retailer license issued by the city pursuant to this chapter.

“Licensee” means any proprietor holding a license issued by the city pursuant to this chapter.

“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business.

“Tobacco product” means:

1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; and

3. Any component, part, or accessory of a tobacco product, whether or not sold separately.

4. “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

“Tobacco paraphernalia” means any item designed or marketed for the consumption, use, or preparation of a tobacco product.

“Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.

“Tobacco retailing” means selling, offering for sale, exchanging, or offering to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.

Sacramento City Code § 5.138.100 License violation
01/01/2020 – 06/01/2024
A. It is a violation of a license for a licensee or his or her agents or employees to sell or offer for sale any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

B. It is a violation of a license for a licensee or his or her agents or employees to violate any local, state, or federal tobacco-related law.

Cal. Health & Safety Code § 104495 Definitions; tobacco product use near youth sports events or playground sandbox areas; punishment; applicability of section
01/01/2017 – 06/01/2024
(a) For the purposes of this section, the following definitions shall govern:

(1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds.

(2) “Tot lot sandbox area” means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.

(3) “Public park” includes a park operated by a public agency.

(4) “Youth sports event” means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present.

(5) “Smoke or smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

(6) “Cigarette” means the same as defined in Section 104556.

(7) “Cigar” means the same as defined in Section 104550.

(8) (A) “Tobacco product” means any of the following:

(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(iii) Any component, part, or accessory of a tobacco product, whether or not sold separately.

(B) Notwithstanding subparagraph (A), “tobacco product” does not include a nicotine replacement product approved by the United States Food and Drug Administration.

(b) A person shall not smoke a cigarette, cigar, or other tobacco product within 25 feet of any playground or tot lot sandbox area.

(c) A person shall not dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a tot lot sandbox area.

(d) A person located in the same park or facility where a youth sports event is taking place shall not use a tobacco product within 250 feet of the youth sports event.

(e) A person shall not intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section.

(f) Any person who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section. Punishment under this section shall not preclude punishment pursuant to Section 13002, Section 374.4 of the Penal Code, or any other law proscribing the act of littering.

(g) The prohibitions contained in subdivisions (b) and (c) shall not apply to a public sidewalk located within 25 feet of a playground or a tot lot sandbox area.

(h) This section shall not preempt the authority of any county, city, or city and county to regulate smoking around playgrounds or tot lot sandbox areas. Any county, city, or city and county may enforce any ordinance adopted prior to January 1, 2002, or may adopt and enforce new regulations that are more restrictive than this section, on and after January 1, 2002.

(i) This section shall not preempt the authority of any county, city, or city and county to regulate the use of a tobacco product around a youth sports event. Any county, city, or city and county may enforce any ordinance adopted before January 1, 2017, or may adopt and enforce a new regulation that is more restrictive than this section, on and after January 1, 2017.

Cal. Health & Safety Code § 104559.5 Prohibition of sale of flavored tobacco product or tobacco product flavor enhancer; definitions; exceptions; violation; preemption
01/01/2024 – 06/01/2024
(a) For purposes of this section, the following definitions apply:

(1) “Characterizing flavor” means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, vanilla, chocolate, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.

(2) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.

(3) “Department” means the State Department of Public Health.

(4) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.

(5) “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.

(6) “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.

(7) “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.

(8) “Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.

(9) “Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.

(10) “Loose leaf tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.

(11) “Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.

(12) “Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.

(13) “Retail location” means both of the following:

(A) A building from which tobacco products are sold at retail.

(B) Any vending machine, vehicle, mobile unit, booth, stand, or concession that conducts in-person sales of tobacco products directly to the public.

(14) “Sale” or “sold” means a sale as that term is defined in Section 30006 of the Revenue and Taxation Code.

(15) “Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.

(16) “Tobacco product” means a tobacco product as defined in paragraph (8) of subdivision (a) of Section 104495, as that provision may be amended from time to time.

(17) “Tobacco product flavor enhancer” means a product designed, manufactured, produced, spaneted, or sold to produce a characterizing flavor when added to a tobacco product.

(18) “Tobacco retailer” means a person who engages in this state in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state.

(b) (1) A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer.

(2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.

(c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:

(1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.

(2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time.

(3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products.

(4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code.

(d) Subdivision (b) does not apply to sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises.

(e) Subdivision (b) does not apply to loose leaf tobacco or premium cigars.

(f)(1) An enforcing agency may assess civil penalties against any person or entity that violates subdivision (b) according to the schedule of civil penalties prescribed in paragraph (1) of subdivision (a) of Section 22958 of the Business and Professions Code. In the case of a corporation or business with more than one retail location, the number of accumulated violations for purposes of the penalty schedule shall be determined in accordance with subdivision (h) of that section.

(2) In addition to the civil penalties described in paragraph (1), upon the assessment of a civil penalty for the third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the California Department of Tax and Fee Administration of the violation who shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6 of the Business and Professions Code, in accordance with the schedule listed in paragraph (1) of subdivision (b) of Section 22958 of the Business and Professions Code.

(3) Notwithstanding paragraph (7), the civil penalty assessed pursuant to paragraph (2) shall be deposited into the Cigarette and Tobacco Products Compliance Fund and shall be made available to the California Department of Tax and Fee Administration, upon appropriation by the Legislature, for the purposes of meeting its duties prescribed in paragraph (2).

(4) The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the California Department of Tax and Fee Administration pursuant to paragraph (2).

(5) The department shall, upon request, provide information concerning any person or entity that has been assessed a civil penalty for violation of this section to the California Department of Tax and Fee Administration when the department has notified the California Department of Tax and Fee Administration of the violation.

(6) Proceedings under this section shall be conducted pursuant to Section 131071, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071.

(7) Except as otherwise provided in paragraph (3), all moneys collected as civil penalties by the department or by any other state agency or department pursuant to this section shall be deposited in the State Treasury to the credit of the Sale of Tobacco to Minors Control Account.

(g)(1) Primary responsibility for enforcement of this section shall be with the department. In carrying out its enforcement responsibilities, the department may conduct onsite sting inspections at tobacco retailers randomly, in response to public complaints, or at retailers where violations have previously occurred. Agents of the department, while conducting enforcement activities pursuant to this section, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 in the same manner as are any Food and Drug Section inspectors of the department.

(2) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this section if that enforcing agency complies with the applicable provisions of this section and with all other applicable provisions of law.

(3) State and local enforcing agencies are encouraged, in order to avoid duplication, to share the results of inspections and coordinate with the department when enforcing this section.

(4) An enforcing agency may use audio or video recording equipment when conducting inspections, to record and document illegal sales or attempted sales.

(h)(1) The department may adopt any regulations that it determines are necessary for the enforcement of this section. The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) The department may adopt emergency regulations to implement this section. Any emergency regulation shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations adopted shall remain in effect until regulations have been adopted pursuant to paragraph (1).

(i) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.

Sacramento Healthy Vending Nutrition AP-4701
Effective: 9/1/11 – Through: 6/1/23
Policy Statement:

Vending machines in City-operated facilities shall comply with the following minimum healthy content requirements:

At least 50% of all products offered for sale in vending machines shall meet all of the following criteria:

Food

Contain no trans fats

Have no more 35% of its calories from total fat (with the exclusion of nuts and seeds)

No more than 10% of its calories from saturated fat

No more than 35% sugar by weight (with the exclusion of fruits/vegetables)

250 calories per individual food item

Vending machines shall

Offer at least one snack item that has no more than 360 mg of sodium per serving or per portion

Include at least one item that meets the FDA definition of “low sodium”: 140 mg or less per serving or portion

Include at least one item that contains at least two grams of dietary fiber

Beverages

At least 50% of drink items sold in vending machines shall not be calorically sweetened (examples include sports drinks, non-diet sodas, artificially sweetened water products)

Beverage offering should include ample choices of water, low-fat and/or 1% milk, including soy milk, rice milk and other similar dairy or non-dairy milk

100% fruit or vegetable juices without added caloric sweeteners comply with healthy requirements

Drinks sweetened with non-caloric sweeteners (diet beverages) should not exceed 25% of items offered.

Purpose:

The purpose of this policy is to ensure the public and City employees have access to healthy food and beverage vending machine options in City-operated facilities.

Responsible Department:

City Manager’s Office

Document History:

Amended: N/A

Supersedes: N/A

Effective September 2011

Sacramento City Code § 8.120.030. Definitions.
Effective: 6/27/13 – Through: 6/1/23
For the purpose of this chapter, the following terms, phrases and words shall have the meanings given.
“Director” means the employee of the city authorized by the city manager to supervise the rental housing inspection division, or his or her designee.
“Engage in the business of rental housing” means renting or offering to rent a rental housing unit.
“Inspector” means any employee of the city authorized by the city manager to conduct inspections in accordance with the provisions of this chapter.
“Owner” means the owner of record.
“Rent” means to grant the possession or enjoyment of, in exchange for money or any other consideration.
“Rental housing inspection division” means the department or division of the city designated by the city manager to administer the provisions of this chapter.
“Rental housing property” means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the county of Sacramento, upon which a rental housing unit is maintained.
“Rental housing unit” means a single unit of residence for a single housekeeping unit of one or more persons, that is being rented, or is intended to be rented. Examples of housing units covered by this chapter include apartment units, condominiums, duplexes and single-family houses. “Rental housing unit” also includes other types of residential units that provide for sleeping accommodations but toileting or cooking facilities are shared by occupants of more than one unit, such as residential or single room occupancy hotels. This does not include units used for transient lodging such as dormitories, group homes, rooming or boarding houses, hotels, motels, and bed and breakfast inns.

Sacramento City Code § 8.120.050. Fees established.
Effective: 6/27/13 – Through: 6/1/23
A. The following fees are established and shall be imposed upon the owners of rental housing properties:
1. Rental Housing Inspection Program Fee. A fee is established for the administration and implementation of the provisions of this chapter, i.e., the rental housing inspection program. This fee shall be imposed annually for each rental housing unit on the owner’s property. The fee shall also pay for the costs of all random inspections conducted pursuant to Section 8.120.180.
2. Unit Inspection Fee. This fee shall be imposed annually for each rental housing unit on the owner’s property that is subject to inspection pursuant to subsection B of Section 8.120.080.
3. Additional Unit Inspection Fee. This fee shall be imposed when an additional unit is inspected on the owner’s property pursuant to subsection B of Section 8.120.080. The fee shall pay for the costs of an inspection of each additional unit.
4. Rescheduling Fee. This fee shall be imposed when an inspection is rescheduled in violation of Section 8.120.100. The fee shall pay for the costs of rescheduling an inspection.
5. Reinspection Fee. This fee shall be imposed when an additional periodic inspection is conducted pursuant to Section 8.120.120. The fee shall pay for the costs of the additional periodic inspection.
B. The city council shall establish the amounts of the foregoing fees and any penalties for delinquent payment of such fees, by resolution.

Sacramento City Code § 8.120.060 Registration and fee required.
Effective: 6/27/13 – Through: 6/1/23
A. No person shall engage in the business of rental housing, unless:
1. Each rental housing unit is registered with the city; and
2. The annual rental housing inspection program fee is paid for each rental housing unit when payment is due.
B. A rental housing unit is registered with the city when the owner of the corresponding rental housing property submits the following to the rental housing inspections division:
1. A completed registration form, made available by the city, that contains the following information:
a. Description of the rental housing property, including, but not limited to, the street address and assessor’s parcel number,
b. Number and description of all rental housing units on the rental housing property,
c. Name and current contact information for the owner of the rental housing property,
d. Name and current contact information for the local contact representative as described in Section 8.120.070, and
e. Any other information as reasonably required by the director;
2. The annual rental housing inspection program fee as described in Section 8.120.050(A)(1);
3. The unit inspection fee, as described in Section 8.120.050(A)(2), unless the property is in the self-certification program and exempt from the fee pursuant to Section 8.120.190; and
4. Any outstanding fees that were previously imposed pursuant to this chapter.
C. It is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required to register a rental housing unit pursuant to this section.
D. Registration shall be valid for a period of five years or until one of the following circumstances occurs, whichever is sooner:
1. The owner fails to notify the rental housing inspections division of any change in the information submitted pursuant to subsection B of this section, within thirty (30) days of such change; or
2. The owner fails to pay any fees established in this chapter when payment is due.

Sacramento City Code § 8.12.080. Inspections required.
Effective: 6/27/13 – Through: 6/1/23
A. All rental housing properties and rental housing units are subject to routine periodic inspection by the city as provided by this chapter to determine whether they comply with applicable provisions of this code.
B. If there are multiple rental housing units on a single rental housing property, the inspection shall be made of all common areas, and a random sampling of no less than ten (10) percent of rental housing units. At least one rental housing unit on each rental housing property shall be inspected. If the inspector determines that one or more violations exist on the property, the inspector may conduct an inspection of additional units up to one hundred (100) percent of the units.
C. The owner or local contact representative, or their designee, shall be present at the rental housing property at the time of the inspection. The time of the inspection shall be the time indicated in the notice issued pursuant to Section 8.120.090, or the time that the inspection was properly rescheduled in accordance with Section 8.120.100. Violation of this subsection may result in the imposition of a re-scheduling fee.

Sacramento City Code § 8.120.040 Exemptions.
Effective: 6/27/13 – Through: 6/1/23
A. Unless otherwise specified in this section, the following rental housing units shall be exempt from the requirements of this chapter:
1. Rental housing units that are subject to routine periodic inspections by another government agency, and the frequency and scope of the inspections are to the satisfaction of the director; or
2. Rental housing units that, within the past five years, have been newly constructed and either have been issued a certificate of occupancy or have passed final inspection by the city of Sacramento. For purposes of this chapter, a unit has been newly constructed if the city determines that fifty (50) percent or more of the building has been constructed or replaced within a one-year period. The determination of whether the construction or replacement is at least fifty (50) percent may be based on the linear length of all existing walls, square footage of the building, percentage of altered construction, actual construction valuation, or any combination of these factors.
B. A rental housing unit that is determined to be exempt pursuant to subsection A of this section, shall become subject to the requirements of this chapter if a notice and order relating to the rental housing property is issued pursuant to the provisions of this code.
C. Any rental housing unit subject to the requirements of this chapter pursuant to subsection B of this section, shall become exempt from the requirements of this chapter if all of the following circumstances exist:
1. After the last inspection conducted pursuant to this chapter, the inspector determines that either no violations exist on the property or the violations identified were abated within thirty (30) days; and
2. The property owner is not delinquent on any payment to the city of fees, penalties, taxes or any other monies related to the property.

Sacramento City Code § 8.12.090. Notice.
Effective: 6/27/13 – Through: 6/1/23
A. The city shall serve written notice of the date and time of any inspection to be conducted pursuant to this chapter, by mailing such notice at least fourteen (14) calendar days prior to the date of the inspection. Notice shall be mailed to the owner and the local contact representative at their last known address. In the case of multiple owners of the same property, notice to any one of the property owners is sufficient notice.
B. The city shall also mail a copy of the inspection notice to the rental housing units on the property.

Sacramento City Code § 8.120.110 Entry.
Effective: 6/27/13 – Through: 6/1/23
It shall be the responsibility of the owner and the local contact representative to obtain the consent of the occupants to inspect the subject rental housing units or otherwise obtain legal access to the units pursuant to the terms of the applicable lease.

Sacramento City Code § 8.120.180 Random inspection.
Effective: 6/27/13 – Through: 6/1/23
Rental housing properties in the self-certification program, and the rental housing units thereon, may be inspected by the city on a random basis, but not more often than once a year.

Sacramento City Code § 8.120.160 Self-certification.
Effective: 6/27/13 – Through: 7/1/22
A. Owners of rental housing properties that are in the self-certification program, or their designees, shall certify each and every rental housing unit on the property at least once every calendar year and upon each change in tenancy. Self-certification shall be accomplished in the manner set forth below:
1. Inspect each rental housing unit for compliance with the requirements of the self-certification form provided by the city;
2. Immediately make any repairs to the rental housing unit that are necessary to achieve compliance with the requirements set forth in the self-certification form;
3. Complete the self-certification form; and
4. Provide a copy of the completed self-certification form to the occupants of the corresponding rental housing unit.
B. If any rental housing unit cannot be self-certified because necessary repairs cannot or will not be made, the owner shall immediately notify the city.
C. It shall be unlawful to falsify any material information required on the self-certification form.

Cal. Health & Safety Code § 1250 Definitions
10/04/2015 – 06/01/2024
As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types:

(a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section.

A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions:

(1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982.

(2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census.

(b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services.

(c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.

(2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5.

(d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care.

(e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care.

(f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity.

(g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services.

(h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated.

(i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities.

(2) Congregate living health facilities shall provide one or more of the following services:

(A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent.

(B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon.

(C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy.

(3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services.

(4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds.

(B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill.

(5) A congregate living health facility shall have a noninstitutional, homelike environment.

(j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department.

(2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours.

(3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center.

(4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis.

(5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites.

(k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both.

(l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements.

(m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied.

(n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations.

Cal. Health & Safety Code § 1286 Smoking prohibitions; signs; exclusions
06/09/2016 – 06/01/2024
(a) Smoking a tobacco product shall be prohibited in patient care areas, waiting rooms, and visiting rooms of a health facility, except those areas specifically designated as smoking areas, and in patient rooms as specified in subdivision (b).

(b) Smoking a tobacco product shall not be permitted in a patient room unless all persons assigned to the room have requested a room where smoking is permitted. In the event that the health facility occupancy has reached capacity, the health facility shall have reasonable time to reassign patients to appropriate rooms.

(c) Clearly legible signs shall either:

(1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of the health facility, in all areas of a health facility where smoking is unlawful, or

(2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of the health facility, only in areas of the health facility where smoking is lawfully permitted.

If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.”

(d) No signs pertaining to smoking are required to be posted in patient rooms.

(e) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled.

(f) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(g) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

Cal. Health & Safety Code § 1596.795 Smoking; prohibition in licensed family day care homes; authority to enact or enforce more stringent ordinances; prohibition on premises of licensed day care centers
06/09/2016 – 06/01/2024
(a) The smoking of a tobacco product in a private residence that is licensed as a family day care home shall be prohibited in the home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section.

(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.

(c) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

Cal. Health & Safety Code § 104495 Definitions; tobacco product use near youth sports events or playground and sandbox areas; punishment; applicability of section
01/01/2017 – 06/01/2024
(a) For the purposes of this section, the following definitions shall govern:

(1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds.

(2) “Tot lot sandbox area” means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.

(3) “Public park” includes a park operated by a public agency.

(4) “Youth sports event” means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present.

(5) “Smoke or smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

(6) “Cigarette” means the same as defined in Section 104556.

(7) “Cigar” means the same as defined in Section 104550.

(8) (A) “Tobacco product” means any of the following:

(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(iii) Any component, part, or accessory of a tobacco product, whether or not sold separately.

(B) Notwithstanding subparagraph (A), “tobacco product” does not include a nicotine replacement product approved by the United States Food and Drug Administration.

(b) A person shall not smoke a cigarette, cigar, or other tobacco product within 25 feet of any playground or tot lot sandbox area.

(c) A person shall not dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a tot lot sandbox area.

(d) A person located in the same park or facility where a youth sports event is taking place shall not use a tobacco product within 250 feet of the youth sports event.

(e) A person shall not intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section.

(f) Any person who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section. Punishment under this section shall not preclude punishment pursuant to Section 13002, Section 374.4 of the Penal Code, or any other law proscribing the act of littering.

(g) The prohibitions contained in subdivisions (b) and (c) shall not apply to a public sidewalk located within 25 feet of a playground or a tot lot sandbox area.

(h) This section shall not preempt the authority of any county, city, or city and county to regulate smoking around playgrounds or tot lot sandbox areas. Any county, city, or city and county may enforce any ordinance adopted prior to January 1, 2002, or may adopt and enforce new regulations that are more restrictive than this section, on and after January 1, 2002.

(i) This section shall not preempt the authority of any county, city, or city and county to regulate the use of a tobacco product around a youth sports event. Any county, city, or city and county may enforce any ordinance adopted before January 1, 2017, or may adopt and enforce a new regulation that is more restrictive than this section, on and after January 1, 2017.

Cal. Health & Safety Code § 11362.3 Prohibited smoking, ingesting, possession or manufacture of cannabis
06/27/2017 – 06/01/2024
(a) Section 11362.1 does not permit any person to:

(1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code.

(2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.

(3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

(4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

(5) Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present.

(6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Division 10 (commencing with Section 26000) of the Business and Professions Code.

(7) Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

(8) Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under 21 years of age are present.

(b) For purposes of this section, the following definitions apply:

(1) “Day care center” has the same meaning as in Section 1596.76.

(2) “Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.

(3) “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

(4) “Youth center” has the same meaning as in Section 11353.1.

(c) Nothing in this section shall be construed or interpreted to amend, repeal, affect, restrict, or preempt laws pertaining to the Compassionate Use Act of 1996.

Sacramento City Code § 8.80.030 Definitions
01/01/1990 – 06/01/2024
As used in this chapter, those terms identified in this section shall, unless the context indicates otherwise, be ascribed the meanings contained herein.

“Bar” means an area which is devoted to the serving of alcoholic beverages for consumption on the premises, in which the serving of food, if any, is incidental to the consumption of alcoholic drinks. The dining area of a restaurant utilized primarily for the serving and consumption of food shall not constitute a bar, even though alcoholic beverages may be served therein.

Commercial Enterprise—Nonprofit Entity—Person (Operators of Public Places).

1. “Commercial enterprise” means any business entity formed for profit-making purposes, including professional corporations and other entities under which legal, medical, dental, engineering, architectural or other professional services are delivered, and also any person charged with the responsibility of controlling conduct in behalf of the enterprise upon any premises regulated by this chapter.

2. “Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from operations of which are committed to promotion of the objects or purposes of the organization and not to private gain, together with any person charged with the responsibility of controlling conduct in behalf of the entity upon any premises regulated by the provisions of this chapter.

3. A public agency is not a “nonprofit entity” within the meaning of this section.

4. “Person” means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind, except the city of Sacramento or any other public agency.

“Enclosed area” means all space between a floor and ceiling which is served by a common heating, ventilating and air conditioning system and is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping,” or similar structures.

“Members of the general public” means shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity; and excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to a commercial enterprise, nonprofit entity or the city of Sacramento.

“Office” means an area enclosed by walls containing a desk, table or similar furnishings for clerical, administrative or supervisory work, a complex of such enclosures and a building containing such enclosures, whether or not the building is utilized primarily for other purposes such as retailing, wholesaling or storage, or manufacturing, together with all hallways, stairways, elevators, escalators, restrooms, lobbies, waiting rooms, reception areas, entry areas, and conference rooms within or associated with the complex of such enclosures, including: (i) legal, medical, dental, engineering, accounting, counseling and other professional offices; (ii) insurance, real estate, ticket, collection agency, and other offices where business services are offered to or goods or services are offered to or may be ordered by or may be paid for by members of general public; and (iii) offices to which members of the general public are admitted in order to promote the objects or purposes of the non-profit entities.

“Restaurant” means any coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and other establishment where cooked or other-wise prepared food is sold to members of the general public for consumption on the premises. The term does not include a cafeteria or lunchroom defined as a “workplace” by subsection (3) of the definition of “workplace” in this section, whether or not members of the general public incidentally frequent the facility.

“Smoking” means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant or ignited combustible substance in any manner or in any form.

“Tobacco store” means a place utilized primarily for the sale to members of the general public at retail of tobacco products or accessories, and in which the sale of other products is merely incidental.

“Workplace” means any enclosed area which is occupied by two or more employees of a commercial enterprise, nonprofit entity or the city of Sacramento including, but not limited to, places:

1. Utilized for: (i) the manufacturing, processing, assembly, maintenance or repair of any products, goods, equipment, tools, appliances, furnishings or other object; or (ii) the physical storage for purposes of wholesaling, future utilization for operational purposes, or future transfer preceding consumption or other utilization of any products, goods, merchandise, materials, supplies, equipment, tools, appliances or furnishings;

2. Utilized or operated for a purpose described by Section 8.80.050 through 8.80.190 of this chapter and from which members of the general public are excluded;

3. Utilized as a union hall, cafeteria, lounge, lunchroom, restroom, conference room, training room, lecture room or classroom primarily for the use or benefit of employees.

Notwithstanding the provisions of this definition, a private residence including either an attached or detached garage shall not constitute a workplace, except when the residence serves as a licensed day care facility for children.

Sacramento City Code § 8.80.040 Smoking prohibitions – Public places
01/01/1990 – 06/01/2024
Except as otherwise provided in this chapter, it is unlawful for any member of the general public or any other person including an employee to smoke in the public places named and described in Sections 8.80.050 through 8.80.190 of this chapter and other public places similarly situated, including, but not limited to, the following enclosed areas:

A. Common work areas occupied by employees performing clerical, technical, administrative or other business or work functions;

B. Merchandise display areas, checkout stations, and counters and other pay stations;

C. Hallways;

D. Restrooms;

E. Escalators, elevators and stairways;

F. Lobbies;

G. Reception areas;

H. Waiting rooms;

I. Service lines;

J. Classrooms, meeting or conference rooms, or lecture halls; and

K. Other places in which members of the general public congregate for service or otherwise frequent.

Sacramento City Code § 8.80.050 Stores
01/01/1990 – 06/01/2024
The prohibitions contained in Section 8.80.040 of this chapter shall be applicable to: (i) the enclosed common areas of shopping malls; (ii) automobile dealerships, furniture or other showrooms for the display of merchandise offered for sale at retail; (iii) grocery, specialty, department and other stores which sell goods or merchandise at retail; and (iv) service stations, stores or shops for the repair or maintenance of appliances, shoes, or motor vehicles, barbershops, beauty shops, cleaners and laundromats, video game, pool hall and other amusement centers, and other similar establishments offering services or products to members of the general public.

Sacramento City Code § 8.80.130 Restaurants
01/01/1990 – 06/01/2024
Within all restaurants, the prohibitions contained in Section 8.80.040 of this chapter shall be applicable to lobbies, waiting areas, restrooms and those dining seating areas which are designated as nonsmoking.

The owner, manager or operator of a restaurant shall designate not less than fifty (50) percent of the available customer seating as nonsmoking. Commencing August 9, 1991, the owner, manager or operator of a restaurant shall designate not less than seventy-five (75) percent of the available customer seating as nonsmoking. Commencing May 9, 1992, the owner, manager or operator of a restaurant shall designate all available customer seating as nonsmoking. The owner, manager or operator of the restaurant shall post signs as prescribed by Section 8.80.230 of this chapter and remove all ashtrays from tables located in the nonsmoking areas. Where a bar shares the same enclosed area with the restaurant, the bar seats must be counted with the restaurant seats in determining the total number of nonsmoking restaurant seats. The owner, manager or operator shall post a notice at the restaurant entrance that a nonsmoking section is available. It shall not constitute a violation of this chapter to smoke in a location where smoking has been authorized by this chapter.

The provisions of this section shall not be construed to in any manner restrict or otherwise impair the authority of an owner, manager or operator to increase the nonsmoking seating in a restaurant or bar.

Sacramento City Code § 8.80.190 Day care facilities
01/01/1990 – 06/01/2024
The prohibitions contained in Section 8.80.040 of this chapter shall be applicable to private residences during the time when such residences are operated as licensed day care facilities for children.

Sacramento City Code § 8.80.200 Smoking prohibitions, workplace.
01/01/1990 – 06/01/2024
Smoking is prohibited in enclosed workplaces of commercial enterprises, nonprofit entities and all city owned and managed buildings including, but not limited to, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception areas, and waiting rooms, classrooms, meeting or conference rooms, and auditoriums.

On-site cafeterias, lunchrooms and lounges shall be deemed workplaces and smoking prohibited therein, whether or not such facilities are open to members of the general public.

Each commercial enterprise, nonprofit entity and the city shall comply with these smoking prohibitions and be responsible for their implementation in the workplace, and “no smoking” signs shall be posted in the manner prescribed by Section 8.80.230 of this chapter.

Sacramento City Code § 8.80.210 Places where smoking permissible.
01/01/1990 – 06/01/2024
Smoking may be permitted in all locations where smoking is not prohibited by this chapter, including the following locations:

A. A private residence, including an attached or detached garage, whether or not the residence is utilized for office or other business purposes, except when such residence is operated as a licensed day care facility for children;

B. Bars;

C. Tobacco stores, whether operated as a separate business entity or as a physically separated facility within a department store or other business entity;

D. Private clubs during events attended exclusively by members of the organization and their invited guests and from which members of the general public are excluded;

E. Within conference/meeting rooms, public and private assembly rooms, banquet rooms, dining rooms or areas of restaurants, hotels and motels, while these places are occupied for private functions to which only persons specially invited are entitled to attend and from which members of the general public are excluded;

F. In any enclosed place wherein this chapter specifically permits smoking, notwithstanding the fact that such location is a workplace.

It shall not constitute a violation of Section 8.80.040 of this chapter for a person to smoke in a location where smoking has been authorized in the manner prescribed by this section.

The foregoing places are not considered workplaces subject to the provisions of Section 8.80.200 of this chapter. Employers will, however, attempt to find a reasonable alternative accommodation where feasible for nonsmoking employees who do not wish to be assigned to work in a smoking permissible area.

Notwithstanding any provision in this chapter which permits smoking in a place of employment, any nonsmoking employee may object to his or her employer about smoke in his or her workplace. The employer shall attempt to reach a reasonable accommodation, insofar as possible. If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached within a particular workplace, the commercial enterprise, nonprofit entity or city who employs the nonsmoking employees shall formulate, promulgate and implement restrictions or prohibitions upon smoking in a manner which accommodates the reasonable preferences and needs of the nonsmoking employees in relation to the nuisance and health impacts of the smoking upon the nonsmokers. The area in which smoking is prohibited shall be posted by “no smoking” signs in the manner prescribed by the provisions of Section 8.80.230 of this chapter.

Cal. Bus. & Prof. Code § 22950.5. Definitions
06/09/2016 – 06/01/2024
For purposes of this division, the following terms have the following meanings:

(a) “Department” means the State Department of Public Health.

(b) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.

(c) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

(d) (1) “Tobacco product” means any of the following:

(A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

(B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.

(2) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

Cal. Labor Code § 6404.5 Enclosed place of employment; smoking prohibition; legislative findings, declarations, and intent; uniform statewide standard; violation; penalties
01/01/2024 – 06/01/2024
(a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the smoking of tobacco products in all (100 percent of) enclosed places of employment in this state, as covered by this section, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the intent of the Legislature to create a uniform statewide standard to restrict and prohibit the smoking of tobacco products in enclosed places of employment, as specified in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees, and also to eliminate the confusion and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions. Notwithstanding any other provision of this section, it is the intent of the Legislature that an area not defined as a “place of employment” pursuant to subdivision (e) is subject to local regulation of smoking of tobacco products.

(b) For purposes of this section, an “owner-operated business” shall mean a business having no employees, independent contractors, or volunteers, in which the owner-operator of the business is the only worker. “Enclosed space” includes covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (e).

(c) An employer or owner-operator of an owner-operated business shall not knowingly or intentionally permit, and a person shall not engage in, the smoking of tobacco products at a place of employment or in an enclosed space.

(d) For purposes of this section, an employer or owner-operator of an owner-operated business who permits any nonemployee access to their place of employment or owner-operated business on a regular basis has not acted knowingly or intentionally in violation of this section if the employer or owner-operator has taken the following reasonable steps to prevent smoking by a nonemployee:

(1) Posted clear and prominent signs, as follows:

(A) Where smoking is prohibited throughout the building or structure, a sign stating “No smoking” shall be posted at each entrance to the building or structure.

(B) Where smoking is permitted in designated areas of the building or structure, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure.

(2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace or owner-operated business.

For purposes of this subdivision, “reasonable steps” does not include (A) the physical ejection of a nonemployee from the place of employment or owner-operated business or (B) any requirement for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee or owner-operator.

(e) For purposes of this section, “place of employment” does not include any of the following:

(1) Retail or wholesale tobacco shops and private smokers’ lounges. For purposes of this paragraph:

(A) “Private smokers’ lounge” means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes.

(B) “Retail or wholesale tobacco shop” means any business establishment, the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.

(2) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if nonsmoking employees are not present.

(3) Theatrical production sites, if smoking is an integral part of the story in the theatrical production.

(4) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.

(5) Private residences, except for private residences licensed as family day care homes where smoking is prohibited pursuant to Section 1596.795 of the Health and Safety Code.

(6) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code.

(f) The smoking prohibition set forth in this section constitutes a uniform statewide standard for regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses and supersedes and renders unnecessary the local enactment or enforcement of local ordinances regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses. Insofar as the smoking prohibition set forth in this section is applicable to all (100 percent) places of employment and owner-operated businesses within this state and, therefore, provides the maximum degree of coverage, the practical effect of this section is to eliminate the need of local governments to enact enclosed workplace smoking restrictions within their respective jurisdictions.

(g) This section does not prohibit an employer or owner-operator of an owner-operated business from prohibiting smoking of tobacco products in an enclosed place of employment or owner-operated business for any reason.

(h) The enactment of local regulation of smoking of tobacco products in enclosed places of employment or owner-operated businesses by local governments shall be suspended only for as long as, and to the extent that, the (100 percent) smoking prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judicial action so that the (100 percent) smoking prohibition is no longer applicable to all enclosed places of employment and owner-operated businesses in California, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment and owner-operated businesses within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, an area not defined as a “place of employment” or in which smoking is not regulated pursuant to subdivision (e), is subject to local regulation of smoking of tobacco products.

(i) A violation of the prohibition set forth in subdivision (c) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies, including, but not limited to, local health departments, as determined by the local governing body.

(j) Notwithstanding Section 6309, the division is not required to respond to any complaint regarding the smoking of tobacco products in an enclosed space at a place of employment, unless the employer has been found guilty pursuant to subdivision (i) of a third violation of subdivision (c) within the previous year.

(k) If a provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

(l) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(m) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.