There are a number of common provisions to California legislation that can be found, and these provisions should be familiar to those reading, analyzing, or drafting bills in the Legislature. The following features examples of some of the common provisions of bills:
The following is an example of contingent enactment language:
This act shall become operative only if Assembly Bill 1279 of the 2021–22 Regular Session is enacted and becomes operative on or before January 1, 2023.
The following is an example of naming an act:
This act shall be known, and may be cited, as the Clean Energy, Jobs, and Affordability Act of 2022.
The following is an example of legislative finding for a bill of statewide concern:
The Legislature finds and declares that Section 2 of this act adding Chapter 22 (commencing with Section 26275) to Division 20 of the Health and Safety Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
The following is an example of a reimbursable mandate disclaimer:
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
The following is an example of legislative findings and declarations:
The Legislature finds and declares all of the following:
(a) In addition to increasing impacts of climate change, a growing body of research shows direct health impacts from proximity to oil extraction.
(b) These impacts are disproportionately impacting Black, indigenous, and people of color in California, who are most likely to live in close proximity to oil extraction activities and who are the most vulnerable to the negative impacts of climate change.
(c) Proximity to oil and gas extraction sites pose significant health risks, especially due to increased air pollution.
The following is an example of a defined term:
For purposes of this article, the following definitions apply:
(a) “Area” means surface area, and all measurement of distances is on the surface of the land.
The following is an example of a severability clause:
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
The following is an example of an urgency clause:
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to support, as early as possible, the distribution of books to California families by developing, implementing, promoting, and fostering a comprehensive statewide initiative for encouraging preschool children to develop a love of reading and learning in the earliest stages of life beginning at birth, it is necessary for this act to take effect immediately.
The following is an example of double-jointing language:
Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.
The following is an example of an inoperative clause:
This section shall become inoperative on the date that standards that address all-gender, multiuser facilities take effect in the California Building Standards Code (Title 24 of the California Code of Regulations) and as of that date this section is repealed.
The following is an example of a public purpose legislative finding (no gift of public funds):
The Legislature finds and declares that Sections 17138.6 and 24309.1 of the Revenue and Taxation Code, as added by this act, are necessary for the public purpose of preventing undue hardship to taxpayers who reside, or used to reside, in a part of California devastated by wildfires, and do not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
The following is an example of a special statute:
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Inyo that apply only to the County of Inyo.
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