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AB-1864 • 2026

Gene synthesis equipment manufacturers and providers.

Gene synthesis equipment manufacturers and providers.

Technology
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Berman
Last action
Official status
Senate - Appropriations
Effective date
Not listed

Plain English Breakdown

The bill text does not specify an effective date; it only states the provisions are severable and passed the Legislature.

Rules for Gene Synthesis Equipment Manufacturers and Providers

AB-1864 stops companies from making or selling certain gene synthesis equipment and products in California unless they follow a specific federal screening framework.

What This Bill Does

  • Prohibits manufacturers of benchtop nucleic acid synthesis equipment from producing, selling, or delivering that equipment in the state unless they follow the Framework for Nucleic Acid Synthesis Screening issued by the National Science and Technology Council (revised September 2024).
  • Prohibits providers of specified synthetic nucleic acids from producing, selling, or delivering those products in the state unless they follow the same screening framework.
  • Sets civil penalties for violations that depend on severity but do not exceed $1,000 per day while the violation continues.
  • Allows the State Department of Public Health to create regulations using different federal laws if they offer equal or better protection against biohazards and do not place unreasonable burdens on businesses.
  • Requires the department to submit a report to the Legislature within one year after adopting any new regulations.

Who It Names or Affects

  • Manufacturers of benchtop nucleic acid synthesis equipment operating in California.
  • Providers who produce or sell specified synthetic nucleic acids in California.
  • The State Department of Public Health, which may adopt and enforce related regulations.

Terms To Know

Benchtop nucleic acid synthesis equipment
Equipment defined by the bill's referenced framework used to create synthetic genetic material.
Framework for Nucleic Acid Synthesis Screening
Standards issued in September 2024 by the Fast Track Action Committee on Synthetic Nucleic Acid Procurement Screening of the National Science and Technology Council to guide screening efforts.
Synthetic nucleic acids
Specified artificially created DNA or RNA sequences as defined in the bill's referenced framework.

Limits and Unknowns

  • The exact amount of civil penalties depends on the severity of the violation and is determined by enforcement actions rather than a fixed amount for every case.
  • Future regulations defining 'framework' depend on decisions made later by the State Department of Public Health regarding federal laws or guidance documents.

Bill History

  1. California Legislative Information

    Senate - Appropriations

Official Summary Text

Gene synthesis equipment manufacturers and providers.