SB 579: Water quality control plans: alternative measures.

Session Year: 2017-2018
House: Senate

Version:

Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan, or a revision of the plan, adopted by a regional board from becoming effective unless it is approved by the state board. Existing law authorizes the state board to adopt certain water quality control plans.

This bill, if a water quality control plan or any amendment to a water quality control plan is adopted that has an impact on stream flow, would require the state board or a regional board to analyze the contribution that nonflow measures and adaptive management can provide to the achievement of relevant water quality objectives and ensure those contributions are accounted for in the water quality control plan or amendment to the water quality control plan.

Existing law regulates the sale or offer to sell by a dealer to a consumer of a collectible in or from this state, as specified. Existing law defines the term collectible to mean any autographed item, as specified, sold or offered for sale in or from this state by a dealer, to a consumer for $5 or more. This bill would instead define autographed collectible to mean autographed sports or entertainment media items, as specified, sold or offered for sale in or from this state by a dealer to a consumer for $50 or more, bearing the signature of a person signed by that individuals own hand. The bill would exclude, among other items, works of fine art, signed books, furniture, and certain decorative objects, from the definition of an autographed collectible. Existing law defines a dealer, among other things, as a person who is principally in the business of selling or offering for sale collectibles in or from this state or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to collectibles. Existing law includes a person engaged in a cable television business for the sale of collectibles in the definition of dealer. Existing law excludes from the definition of dealer, among other persons, the personality who signs the memorabilia. Existing law also excludes from the definition of dealer a provider or operator of an online marketplace, provided that the marketplace provider or operator is not principally in the business of selling, or offering for sale, collectibles, in or from the state, exclusively or nonexclusively, or does not hold itself out as having knowledge or skill peculiar to collectibles. The bill would amend the definition of a dealer to be, among other things, a person who is in the business of selling autographed collectibles and sells 3 or more autographed collectibles in a period of 12 months. The bill would include an auctioneer, an auction company, and a person engaged in any television business for the sale of autographed collectibles in the definition of dealer. The bill would amend the terms under which a provider or operator of an online marketplace is excluded from the definition of dealer to exclude a provider or operator through which prospective buyers connect with the sellers of autographed collectibles who are in actual physical possession of the merchandise being offered for sale and does not hold itself out as having knowledge or skill peculiar to collectibles.Existing law requires a dealer, as defined, to provide a certificate of authenticity for each collectible to, among other things, indicate whether the item was obtained or purchased from a third party. If the item was obtained or purchased from a third party, existing law requires the certificate of authenticity to indicate the name and address of this third party.This bill instead would require a dealer to provide an express warranty, as specified. The bill also would require a dealer, for items obtained on and after January 1, 2018, separate from the express warranty, to maintain a record stating whether the autographed collectible was purchased by the dealer from a third party, for a period of 7 years, as well as the name and address of that third party. The bill would permit discovery of this information in a civil dispute, as specified.The bill would require a consumer to have the right to cancel the contract for the purchase of an autographed collectible represented by a dealer as authentic until at least midnight of the 3rd day after the day on which the consumer purchased the autographed collectible, except when the autographed collectible is purchased at a public auction, as specified. The bill would specify procedures and conditions of the cancellation. The bill would require the 3-day right of return, except as specified, to be included in the sign and the onscreen message a dealer is required to display.Existing law prohibits a dealer from displaying or offering for sale a collectible in this state at any trade show or similar event primarily featuring sales of collectibles or other memorabilia that offers onsite admission ticket sales, except as provided. Existing law requires a promoter who arranges or organizes a trade show featuring collectibles and autograph signings to provide a specified notification to any dealer who agrees to purchase or rent space in the trade show.This bill would repeal those provisions.Existing law provides that a consumer who is injured by a failure of the dealer to provide a certificate of authenticity is entitled to recover from that dealer, among other things, 10 times his or her actual damages. This bill instead would provide for specified civil penalties in a civil action against the dealer for failure to comply with the provisions regarding express warranties. The bill would also provide for civil penalties for knowingly providing a false warranty, as well as attorneys fees and other costs to be paid to the consumer.This bill would declare that it is to take effect immediately as an urgency statute.

Discussed in Hearing