California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 2178 — Limited service charitable feeding operation.

Last action — Chaptered by Secretary of State - Chapter 489, Statutes of 2018.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce those provisions. Existing law defines "food facility" as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as specified. Existing law regulates temporary food facilities and nonprofit charitable temporary food facilities, as specified. Existing law exempts, among others, a nonprofit association that gives or sells food to its members and guests and not to the general public, as specified, from the definition of food facility. A violation of the California Retail Food Code is generally a misdemeanor. This bill would exempt a limited service charitable feeding operation from the definition of food facility. The bill would define that operation as an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization, as defined, and whose food service is limited to any of specified functions. The bill would specify that the operation would not include a temporary food facility or a nonprofit charitable temporary food facility, as specified. The bill would prohibit the operation from providing food service unless it has registered with the local enforcement agency, with specified exceptions involving performance of a certain function or operation in conjunction with a food bank, and would require a limited service charitable feeding operation subject to registration, or a food bank, if applicable, to submit certain information to the agency. The bill would exempt a limited service charitable feeding operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require the operation to comply with best management practices approved by the local enforcement agency. The bill would, among other things, authorize the operation to distribute food in an outdoor location, as specified, in compliance with the approved best management practices and subject to approval by the local enforcement agency, with food service limited to no more than 4 hours per day. By creating a new crime and by imposing duties on local officials, this bill would impose a state-mandated local program. This bill would authorize the local enforcement agency to recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of the above-described provisions from a limited service charitable feeding operation. This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 626 and AB 2524 to be operative only if this bill and AB 626, this bill and AB 2524, or all 3 bills are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 489, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6995.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5968.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 27).

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  17. In committee: Hearing postponed by committee.

  18. Referred to Com. on HEALTH.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4899.)

  21. Read second time. Ordered to Consent Calendar.

  22. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 18).

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 10). Re-referred to Com. on APPR.

  24. In committee: Hearing postponed by committee.

  25. Re-referred to Com. on HEALTH.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  27. Referred to Com. on HEALTH.

  28. From printer. May be heard in committee March 15.

  29. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2178 LIMÓN Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Kamlager-Dove — Not Voting
Levine — Yea
Mathis — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Cooper — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Gloria — Yea
Rubio — Yea
Salas — Yea
Harper — Yea
Jones-Sawyer — Yea
Rivas — Yea
Kiley — Yea
Fong — Yea
Gray — Yea
Low — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Medina — Yea
Melendez — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Burke — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2178 Limón By Hill

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Lara — Yea
Morrell — Yea
Nielsen — Yea
Vidak — Yea
Fuller — Yea
Chang — Yea
Galgiani — Yea
Glazer — Yea
Delgado — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
Hueso — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Bradford — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Cannella — Yea
Dodd — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2178 LIMÓN Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 53004
Democratic 15000
Republican 6000
Total 74004
% of votes cast 95%0%0%5%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Not Voting
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Maienschein — Yea
Friedman — Yea
Gloria — Yea
Harper — Yea
Rubio — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Yea
Salas — Yea
Levine — Yea
Burke — Yea
Gray — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Melendez — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Fong — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 3000
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
McCarty — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Chau — Yea
Mullin — Not Voting
Nazarian — Yea
Obernolte — Yea
Eduardo Garcia — Not Voting
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 11000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Nazarian — Yea
Burke — Yea
Bigelow — Yea
Mayes — Yea
McCarty — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Wood — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

public-safety agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2178 do?
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce those provisions. Existing law defines "food facility" as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as specified. Existing law regulates temporary food facilities and nonprofit charitable temporary food facilities, as specified. Existing law exempts, among others, a nonprofit association that gives or sells food to its members and guests and not to the general public, as specified, from the definition of food facility. A violation of the California Retail Food Code is generally a misdemeanor. This bill would exempt a limited service charitable feeding operation from the definition of food facility. The bill would define that operation as an operation for food service to a consumer solely for providing charity, that is conducted by a nonprofit charitable organization, as defined, and whose food service is limited to any of specified functions. The bill would specify that the operation would not include a temporary food facility or a nonprofit charitable temporary food facility, as specified. The bill would prohibit the operation from providing food service unless it has registered with the local enforcement agency, with specified exceptions involving performance of a certain function or operation in conjunction with a food bank, and would require a limited service charitable feeding operation subject to registration, or a food bank, if applicable, to submit certain information to the agency. The bill would exempt a limited service charitable feeding operation from the requirements of the California Retail Food Code, except for specified general food safety and other requirements. The bill would require the operation to comply with best management practices approved by the local enforcement agency. The bill would, among other things, authorize the operation to distribute food in an outdoor location, as specified, in compliance with the approved best management practices and subject to approval by the local enforcement agency, with food service limited to no more than 4 hours per day. By creating a new crime and by imposing duties on local officials, this bill would impose a state-mandated local program. This bill would authorize the local enforcement agency to recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of the above-described provisions from a limited service charitable feeding operation. This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 626 and AB 2524 to be operative only if this bill and AB 626, this bill and AB 2524, or all 3 bills are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 2178?
AB 2178 is sponsored by Limón, Monique (Democratic).
What is the current status of AB 2178?
This bill has been enacted into law. Introduced February 12, 2018. Enacted.
Where can I track AB 2178?
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