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New state laws will affect Rossmoorians in new year

 

Monday, January 12 (1:30 p.m.): Every new year brings new laws, affecting consumers, motorists and others in various ways.

In California, some of the more notable new laws taking effect in 2026 (or even a little earlier) will directly affect Rossmoor residents. These include an expanded ban of plastic bags at retail businesses (SB 1053) to include all plastic bags; a requirement that food delivery services like Uber Eats and DoorDash must provide full refunds to customers whose orders are either wrong or not delivered at all (AB 578); a ban starting in July on streaming TV services playing ads at a louder volume than the featured program (SB 576); a cap on the out-of-pocket cost of insulin to $35 for a 30-day supply for health plans regulated by the state of California (SB-40); three bills addressing various aspects of artificial intelligence (AI); and a requirement of the California Privacy Protection Agency to create and operate an opt-out platform for consumers who want data brokers to delete their personal information (SB 362).

Shoppers may have noticed that, over the past several weeks, there have been fewer plastic bags, and more paper bags, at area grocery stores’ checkout stands. That is the result of SB 1053, a bill with very local connections. Assemblywoman Rebecca Bauer-Kahan (D-Orinda) is a co-author of the bill, and Sustainable Rossmoor, which promotes a variety of environmentally sound practices, lobbied for SB 1053’s passage.

Pam Giarrizzo, Sustainable Rossmoor’s president, said the state Legislature had previously banned the use of lightweight single-use plastic bags but allowed stores to use thicker reusable film bags, most of which are recyclable.

“However, the majority of the thick bags were only used once and were not recycled,” Giarrizzo said. “That meant they were contributing even more to our plastic pollution problem. Banning these plastic carry-out bags will help to stem the flow of plastic to our landfills and into our waterways.”

Supporters of SB 1053 also say the bill should encourage more recycling of paper bags for reuse. The new law also is envisioned to further encourage shoppers to bring in their own reuseable bags, of whatever material, to carry groceries or other items purchased.

In addition to the $35 cost cap for a 30-day supply of insulin for most health plans, SB-40 prohibits insurance providers from requiring patients to try cheaper drugs first before covering insulin, and requires health plans to cover crucial diabetes-related supplies like glucose monitors, pumps, syringes, lancets and testing strips. The new regulations apply to new large group insurance plans starting last Thursday, Jan. 1; individual and small group plans must comply by Jan. 1, 2027.

Another fairly new law, one that took effect this past July, is AB 130, which addresses several housing-related issues, most notably making it easier to create accessory dwelling units (ADUs) in single-family and multifamily residential zones, meant to address California’s housing shortage. While the ADU piece isn’t particularly applicable to Rossmoor, another section of AB 130, though, caps monetary penalties (fines) for members of a homeowners association – or in Rossmoor’s case, Mutual members – who have violated HOA/Mutual rules at a maximum of $100 per violation, except when connected to documented health/safety issues.

HOAs/Mutuals cannot add late fees or interest to delinquent assessments or fines anymore, and the law requires an HOA/Mutual board to give a member the opportunity to remedy a violation prior to any meeting to consider or impose a fine or other penalty.

Rossmoor resident Pat Teschner said she first heard about AB 130’s HOA provisions on a local television news broadcast.

“It affects our residents when some fines are levied against us by our boards,” said Teschner, who said First Mutual has made the necessary changes to its policy manual. “Our boards have to consider the rules and expense of using mailings to inform members of these changes.”

Lon Bruce, president of the Second Mutual board, said some lack of specificity with the new law will undoubtedly surface.

“I don’t think all of these things are clearly defined yet,” Bruce said. “You put these laws into practice, and you start to find the ambiguities.”

Bruce said he doesn’t expect the new fine and hearing structure to have a profound effect on how his Mutual board sets up hearings or doles out fines.

“The amount of fines, now capped by legislation, won’t have a major impact on SWCM policies, and we will comply accordingly,” he said.

Most violations occurring in Second Mutual are resolved amicably without fines being levied, Bruce said. “People in our (age) group are typically rule-followers.”

A relatively common infraction that results in fines, Bruce said, is smoking in a manor –which in multifamily buildings is a violation of city of Walnut Creek code. And that brings up another new state law that went into effect Jan. 1.

AB 455 requires home sellers to disclose whether tobacco or nicotine products were used on the property “in a way that may have caused residue or contamination.” This piece concerning smoking or any other tobacco use will be on the updated Real Estate Transfer Disclosure Statement, and sellers, buyers and real estate agents are required to acknowledge the disclosure.

Other new state laws set to go into effect now, or later this year, include: AB 578 – Requires food delivery platforms to give a full refund to customers who receive either the wrong food order or no food at all, despite placing an order. A live person must provide customer service if the delivery platform’s automated systems do not resolve the customer’s issues.

SB 576 – Starting in July, television streaming services will not be allowed to air commercials at a louder volume than the show or movie being watched. Current FCC laws already prohibit this on standard television broadcasts, but that law was enacted before streaming services became popular.

SB 766 – This new law, which takes effect in October, allows a buyer to return a used vehicle to a dealer within three days of purchase, although they may be charged a restocking fee. Also, dealers could not charge for certain add-on products or services if the buyer would not benefit from them.

AB 1327 – Allows a property owner to cancel a contract for home improvement work or other goods and services obtained through home solicitation by email or with a phone call.

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