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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
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*hb0895*
HOUSE BILL 895
I3, K3 EMERGENCY BILL (6lr0332)
ENROLLED BILL
— Economic Matters/Finance —
Introduced by The Speaker (By Request – Administration) and Delegates Acevero,
Allen, Amprey, Behler, Bhandari, Boafo, Coley, Ebersole, Edelson, Fennell,
Foley, Forbes, Griffith, Guyton, Harrison, Hill, Hornberger, Ivey, D. Jones,
Kaufman, Kerr, Lewis, Mireku –North, Moon, Moreno, Palakovich Carr,
Pasteur, Patterson, Phillips , Pruski, Roberts, Ruff, Simmons, Simpson,
Solomon, Spiegel, Stewart, Taveras, Toles, Tomlinson, Turner, Vogel,
Watson, White Holland, Wims, Woods, and Ziegler
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Food Retailers – Dynamic Pricing, Surveillance Data, and Collective Bargaining 2
Agreements 3
Consumer Protection – Price Setting of Consumer Goods and Services and Use 4
of Protected Class Data 5
Food Retailers and Third–Party Delivery Service Providers – Dynamic Pricing 6
and Personal Data 7
(Protection From Predatory Pricing Act) 8
2 HOUSE BILL 895
FOR the purpose of prohibiting a food retailer and a third –party food delivery service 1
provider from engaging in the practice of dynamic pricing or using consumer 2
surveillance personal data to set a price for consumer goods or services; prohibiting 3
a food retailer and a third–party food delivery service provider from using protected 4
class data to of fer, advertise, or sell a consumer good or service under certain 5
circumstances; prohibiting a food retailer from diminishing or impairing any right 6
or benefit guaranteed to employees of the food retailer under an existing collective 7
bargaining agreement or memorandum of understanding under certain 8
circumstances; prohibiting a merchant from setting the price of consumer goods or 9
services using certain dynamic pricing or personal data and issuing a certain 10
communication in a certain manner unless the merchant includes a certain clear and 11
conspicuous disclosure statement; making a a certain violation violations violation 12
of this Act an unfair, abusive, or deceptive trade practice that is subject to 13
enforcement and penalties under the Maryland Consumer Protection Act; and 14
generally relating to the regulation of food retailers consumer protections regarding 15
the setting of prices for consumer goods and services and the use of protected class 16
data the regulation of food retailers and third–party delivery service providers. 17
BY adding to 18
Article – Commercial Law 19
Section 13–321 and 13–322 20
Annotated Code of Maryland 21
(2025 Replacement Volume) 22
BY repealing and reenacting, with amendments, 23
Article – Commercial Law 24
Section 13–408 and 13–411 25
Annotated Code of Maryland 26
(2025 Replacement Volume) 27
BY repealing and reenacting, without amendments, 28
Article – Commercial Law 29
Section 14–4701(a) and (w) 30
Annotated Code of Maryland 31
(2025 Replacement Volume) 32
BY adding to 33
Article – Labor and Employment 34
Section 4–406 35
Annotated Code of Maryland 36
(2025 Replacement Volume) 37
BY repealing and reenacting, without amendments, 38
Article – Tax – General 39
Section 11–206(c) 40
Annotated Code of Maryland 41
(2022 Replacement Volume and 2025 Supplement) 42
HOUSE BILL 895 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Commercial Law 3
13–321. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 7
3.5–801 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
(2) “CONSENT” HAS THE MEANING STAT ED IN § 14–4701 OF THIS 9
ARTICLE. 10
(3) (2) (3) (I) “DYNAMIC PRICING ” MEANS THE DISCRIMINATORY 11
PRACTICE OF VARYING THE PRICES O F CONSUMER GOODS OR SERVICES WITHIN A 12
THE SAME BUSINESS DAY BASED O N DEMAND OR OTHER FA CTORS OFFERING OR 13
SETTING A PERSONALIZED PRICE FOR A GOOD OR SERVICE THAT IS SPECIFIC TO A 14
CONSUMER BASED ON TH E CONSUMER ’S PERSONAL DATA , REGARDLESS OF 15
WHETHER THE SELLER C OLLECTED OR PURCHASE D THE PERSONAL DATA , 16
INCLUDING THROUGH TH E USE OF ARTIFICIAL INTELLIGENCE OR MODE LS THAT 17
RETRAIN OR RECALIBRA TE BASED ON RECEIVED INFORMATION IN NEAR REAL –18
TIME. 19
(II) “DYNAMIC PRICING” DOES NOT INCLUDE THE: 20
1. THE USE OF PROMOTIONAL P RICING OFFERS , 21
LOYALTY PROGRAM BENEFITS, OR OTHER TEMPORARY DISCOUNTS OR CHANGES TO 22
PRICING RELATED TO RETENTION OF EXISTING CUSTOMERS; 23
2. A DIFFERENCE IN PRICE BASED ON OBJECTIVE COSTS 24
ATTRIBUTABLE TO PROV IDING CONSUMER GOODS OR SERVICES TO DIFFE RENT 25
CONSUMERS, SUCH AS A DIFFERENCE IN PRICE CAUSED BY S HIPPING COSTS OR 26
TAXES BASED ON A CONSUMER’S PHYSICAL LOCATION; 27
3. A DISCOUNTED PRICE OF FERED TO A CONSUMER 28
THROUGH A CLEAR AND CONSPICUOUS DISCLOSURE ON A MERCHANT ’S WEBSITE 29
THAT LISTS ALL ELIGI BILITY CRITERIA , THE AVAILABLE DISCOU NT, AND ANY 30
CONDITIONS FOR RECEIVING OR EARNING THE DISCOUNTED PRICE THAT IS: 31
4 HOUSE BILL 895
A. BASED ON PUBLICLY DIS CLOSED ELIGIBILITY 1
CRITERIA THAT ANY CONSUMER COULD SATISFY, SUCH AS AN ELECTION TO RECEIVE 2
PROMOTIONAL MATERIALS OR PARTICIPATE IN PROMOTIONAL EVENTS; 3
B. OFFERED TO MEMBERS OF A BROADLY DEFINED 4
GROUP, INCLUDING TEACHERS, ACTIVE OR RETIRED SE RVICE MEMBERS, SENIOR 5
CITIZENS, STUDENTS, OR RESIDENTS OF A CE RTAIN AREA BASED ON PUBLICLY 6
DISCLOSED ELIGIBILITY CRITERIA; OR 7
C. OFFERED THROUGH A LOY ALTY, MEMBERSHIP, OR 8
REWARDS PROGRAM THAT IS PUBLICLY OFFERED TO ALL CONSUMERS WHO 9
AFFIRMATIVELY CONSENT TO THE PROGRAM; 10
3. A DIFFERENCE IN PRICE BASED ON COSTS OR 11
DIFFERENCES IN SUPPLY OR DEMAND ASSOCIATED WITH PROVIDING OR SELLING A 12
GOOD OR SERVICE IN DIFFERENT LOCATIONS OR GEOGRAPHIES; 13
4. A DIFFERENCE IN PRICE BASED ON COSTS 14
ASSOCIATED WITH THE AVAILABILITY OR SUPPLY OF THE GOOD OR SERVICE; 15
5. A PRICE OFFERED TO A C ONSUMER THROUGH A 16
LOYALTY, MEMBERSHIP, OR REWARDS PROGRAM I N WHICH ANY CONSUMER MAY 17
VOLUNTARILY ENROLL OR CONSENT TO PARTICIPATE; 18
6. A PRICE OFFERED TO A C ONSUMER IN CONNECTI ON 19
WITH A SUBSCRIPTION–BASED CONTRACT OR AGREEMENT; 20
7. A PRICE OFFERED TO A C ONSUMER WHO CONSENTS 21
TO PROVIDING PERSONA L DATA OR OTHER INFO RMATION IN EXCHANGE FOR 22
OBTAINING THE PRICE; 23
4. 8. 3. A PRICE CORRECTION RES ULTING FROM A 24
PRICING ERROR; OR 25
5. 9. 4. RESETTING A PRICE FOL LOWING A SYSTEM OR 26
NETWORK OUTAGE. 27
(4) (3) (4) “FOOD RETAILER” MEANS A MERCHANT THAT OPERATES A 28
BUSINESS ESTABLISHMENT THAT: 29
(I) HAS A MINIMUM OF 15,000 SQUARE FEET; AND 30
(II) SELLS FOOD THAT IS EX EMPT FROM THE SALES AND USE 31
TAX IN ACCORDANCE WITH § 11–206(C) OF THE TAX – GENERAL ARTICLE. 32
HOUSE BILL 895 5
(5) (4) (5) “SURVEILLANCE PERSONAL DATA” MEANS CONSUMER 1
INFORMATION COLLECTED AND TRACKED BY TECHNOLOGICAL METHODS, SYSTEMS, 2
OR TOOLS , SUCH AS SENSORS , CAMERAS, DEVICE TRACK ING, BIOMETRIC 3
MONITORING, OR OTHER FORMS OF OBSERVATION OR DATA COLLECTION, THAT ARE 4
CAPABLE OF GATHERING PERSONALLY IDENTIFIA BLE INFORMATION ABOU T A 5
CONSUMER’S BEHAVIOR , CHARACTERISTICS, LOCATION, OR OTHER PERSONAL 6
ATTRIBUTES, WHETHER IN A PHYSICA L OR DI GITAL ENVIRONMENT HAS THE 7
MEANING STATED IN § 14–4701 OF THIS ARTICLE. 8
(5) (6) “PROTECTED CLASS DATA” MEANS INFORMATION ABOUT AN 9
INDIVIDUAL OR GROUP OF INDIVIDUALS THAT , ALONE OR IN COMBINAT ION, 10
DIRECTLY OR BY IMPLI CATION IDENTIFIES A CHARACTERISTIC THAT IS LEGALLY 11
PROTECTED FROM DISCR IMINATION UNDER THE LAWS OF THE STATE OR UNDER 12
FEDERAL LAW. 13
(7) (I) “THIRD–PARTY FOOD DELIVERY SERVICE PRO VIDER” 14
MEANS A MERCHANT THA T PROVIDES FACILITATES AS A CONSUMER SERVIC E THE 15
DELIVERY OF FOOD THAT IS EXEMPT FROM THE SALES AND USE TAX IN ACCORDANCE 16
WITH § 11–206(C) OF THE TAX – GENERAL ARTICLE. 17
(II) “THIRD–PARTY FOOD DELIVERY SERVICE PROVIDER” DOES 18
NOT INCLUDE A FOOD RETAILER. 19
(B) (1) THIS SUBSECTION DOES NOT APPLY TO: 20
(I) USING PROMOTIONAL PRICING OFFERS, LOYALTY PROGRAM 21
BENEFITS, OR OTHER TEMPORARY D ISCOUNTS OR CHANGES TO PRICING RELATED 22
TO RETENTION OF EXISTING CUSTOMERS; 23
(II) SETTING A DIFFERENT P RICE BASED ON OBJECTIVE COSTS 24
ATTRIBUTABLE TO PROV IDING CONSUMER GOODS OR SERVICES TO DIFFE RENT 25
CONSUMERS, SUCH AS A DIFFERENCE IN PRICE CAUSED BY S HIPPING COSTS OR 26
TAXES BASED ON A CONSUMER’S PHYSICAL LOCATION; 27
(III) SETTING A DIFFERENT P RICE BASED ON COSTS OR 28
DIFFERENCES IN SUPPLY OR DEMAND ASSOCIATED WITH PROVIDING OR SELLING A 29
GOOD OR SERVICE IN DIFFERENT LOCATIONS OR GEOGRAPHIES; 30
(IV) SETTING A DIFFERENT PRICE BASED ON COSTS ASSOCIATED 31
WITH THE AVAILABILITY OR SUPPLY OF THE GOOD OR SERVICE; 32
6 HOUSE BILL 895
(V) OFFERING A PRICE TO A CONSUMER THROUGH A L OYALTY, 1
MEMBERSHIP, OR REWARDS PROGRAM IN WHICH ANY CONSUMER MAY VOLUNTARILY 2
ENROLL OR CONSENT TO PARTICIPATE; 3
(VI) OFFERING A PRICE TO A CONSUMER IN CONNECTION WITH A 4
SUBSCRIPTION–BASED CONTRACT OR AGREEMENT; 5
(VII) OFFERING A PRICE TO A CONSUMER WHO CONSENT S TO 6
PROVIDING PERSONAL D ATA OR OTHER IN FORMATION IN EXCHANG E FOR 7
OBTAINING THE PRICE; 8
(VIII) CORRECTING A PRICE RESULTING FROM A PRICING ERROR; 9
OR 10
(IX) RESETTING A PRICE FOL LOWING A SYSTEM OR N ETWORK 11
OUTAGE. 12
(2) A FOOD RETAILER OR THIRD –PARTY FOOD DELIVERY SERVICE 13
PROVIDER MAY NOT ENGAGE: 14
(1) (I) ENGAGE IN DYNAMIC PRICING TO SET A HIGHER PRICE FOR 15
FOOD THAT IS EXEMPT FROM THE SALE AND US E TAX IN ACCORDANCE WITH § 16
11–206(C) OF THE TAX – GENERAL ARTICLE FOR A SPECIFIC CONSUMER; OR USE 17
(2) (II) USE SURVEILLANCE PERSONAL DATA TO SET A HIGHER 18
PRICE FOR CONSUMER GOODS OR SERVICES FOOD THAT IS EXEMPT FROM THE SALE 19
AND USE TAX UNDER § 11–206(C) OF THE TAX – GENERAL ARTICLE FOR A SINGLE 20
CONSUMER OR A GROUP OF CONSUMERS. 21
(C) A FOOD RETAILER OR THIRD –PARTY FOOD DELIVERY SERVICE 22
PROVIDER MAY NOT USE PROTECTED CLASS DATA TO OFFER, ADVERTISE, OR SELL 23
A CONSUMER GOOD OR SERVICE TO A CONSUMER FOR WHOM THE PROTECTED CLASS 24
DATA PERTAINS IF THE USE OF THE PROTECTED CLASS DATA HAS THE E FFECT OF 25
WITHHOLDING OR DENYI NG FRO M THE CONSUMER AN AC COMMODATION, AN 26
ADVANTAGE, OR A PRIVILEGE ACCORDED TO OTHERS. 27
(D) (1) BEFORE INITIATING AN ENFORCEMENT ACTION UNDER SUBTITLE 28
4 OF THIS TITLE FOR A VIOLATION OF THIS SECTION, THE DIVISION SHALL ISSUE A 29
NOTICE OF VIOLATION TO THE ALLEGED VIOLATOR. 30
(2) THE DIVISION SHALL PROVIDE THE ALLEGED VIOLATOR 45 DAYS 31
AFTER THE NOTICE OF VIOLATION IS RECEIVED TO CURE THE VIOLATION. 32
HOUSE BILL 895 7
(3) IF THE ALLEGED VIOLAT OR CURES THE VIOLATI ON WITHIN THE 1
TIME PERIOD SPECIFIE D UNDER PARAGRAPH (2) OF THIS SUBS ECTION, THE 2
DIVISION MAY NOT INITIATE AN ENFORCEMENT ACTION FOR A VIOLATION OF THIS 3
SECTION. 4
(E) THIS SECTION MAY NOT BE CONSTRUED TO AUTH ORIZE A PRIVATE 5
RIGHT OF ACTION UNDER THIS SECTION OR ANY OTHER LAW. 6
13–322. 7
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “CLEAR AND CONSPICUOUS DISCLOSURE” MEANS DISCLOSURE: 10
(I) IN THE SAME MEDIUM AS, AND PROVIDED ON, AT, OR NEAR 11
AND CONTEMPORANEOUS WITH, EACH COMMUNICATION O F A PRICE FOR WHICH 12
NOTICE IS REQUIRED; AND 13
(II) USING LETTERING AND W ORDING THAT IS EASIL Y VISIBLE 14
AND UNDERSTANDABLE TO A CONSUMER. 15
(3) “COMMUNICATION” MEANS A DISPLAY, AN IMAGE, AN OFFER, OR 16
AN ANNOUNCEMENT. 17
(4) “DYNAMIC PRICING” HAS THE MEANING STAT ED IN § 13–321 OF 18
THIS SUBTITLE. 19
(5) “PERSONAL DATA” HAS THE MEANING STAT ED IN § 14–4701 OF 20
THIS ARTICLE. 21
(B) THIS SECTION DOES NOT APPLY TO: 22
(1) CONDUCT OF A MERCHANT THAT IS REGULATED UN DER THE 23
INSURANCE ARTICLE; 24
(2) CONDUCT OF A FOOD RET AILER OR THIRD –PARTY FOOD 25
DELIVERY SERVICE PROVIDER SUBJECT TO § 13–321 OF THIS SUBTITLE; 26
(3) (I) A FINANCIAL INSTITUTION, AS DEFINED IN § 1–101 OF THE 27
FINANCIAL INSTITUTIONS ARTICLE; OR 28
8 HOUSE BILL 895
(II) A FINANCIAL INSTITUTIO N OR AN AFFILIATE OF A 1
FINANCIAL INSTITUTIO N THAT IS SUBJECT TO TITLE V OF THE 2
GRAMM–LEACH–BLILEY ACT; OR 3
(4) A LOWER PRICE THAT IS OFFERED TO A CONSUME R WHO IS AN 4
EMPLOYEE OF THE MERCHANT. 5
(C) A MERCHANT MAY NOT SET THE PRICE OF A CONSU MER GOOD OR 6
SERVICE USING DYNAMI C PRICING OR PERSONA L DATA AND DIRECTLY OR 7
INDIRECTLY ADVER TISE OR PROMOTE , INCLUDE ON A LABEL , OR PUBLISH ANY 8
OTHER COMMUNICATION CONTAINING THE PRICE , UNLESS THE MERCHANT 9
INCLUDES WITH THE AD VERTISEMENT, PROMOTION, LABEL, OR OTHER 10
COMMUNICATION A CLEAR AND CONSPICUOUS DISCLOSURE WITH THE FOLLOWING 11
STATEMENT: 12
“THIS PRICE WAS SET BY AN ALGORITHM OR BY USING YOUR 13
PERSONAL DATA”. 14
(D) (1) BEFORE INITIATING AN ENFORCEMENT ACTION UNDER SUBTITLE 15
4 OF THIS TITLE FOR A VIOLATION OF THIS SECTION, THE DIVISION SHALL ISSUE A 16
NOTICE OF VIOLATION TO THE ALLEGED VIOLATOR. 17
(2) THE DIVISION SHALL PROVIDE THE ALLEGED VIOLATOR 45 DAYS 18
AFTER THE NOTICE OF VIOLATION IS RECEIVED TO CURE THE VIOLATION. 19
(3) IF THE ALLEGED VIOLAT OR CURES THE VIOLATI ON WITHIN THE 20
TIME PERIOD SPECIFIE D UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE 21
DIVISION MAY NOT INITIATE AN ENFORCEMENT ACTION FOR A VIOLATION OF THIS 22
SECTION. 23
13–408. 24
(a) THIS SECTION DOES NOT APPLY TO A VIOLATION OF § 13–321 OR § 25
13–322 OF THIS TITLE. 26
(B) In addition to any action by the Division or Attorney General authorized by 27
this title and any other action otherwise authorized by law, any person may bring an action 28
to recover for injury or loss sustained by him as the result of a practice prohibited by this 29
title. 30
[(b)] (C) Any person who brings an action to recover for injury or loss under this 31
section and who is awarded damages may also seek, and the court may award, reasonable 32
attorney’s fees. 33
HOUSE BILL 895 9
[(c)] (D) If it appears to the satisfaction of the court, at any time, that an action 1
is brought in bad faith or is of a friv olous nature, the court may order the offending party 2
to pay to the other party reasonable attorney’s fees. 3
[(d)] (E) Notwithstanding any other provision of this section, a person may not 4
bring an action under this section to recover for injuries sustain ed as a result of the 5
professional services provided by a health care provider, as defined in § 3 –2A–01 of the 6
Courts Article. 7
13–411. 8
(A) THIS SECTION DOES NOT APPLY TO A VIOLATION OF § 13–321 OR § 9
13–322 OF THIS TITLE. 10
[(a)] (B) Except as provided in subsection [(b)] (C) of this section, any person 11
who violates any provision of this title is guilty of a misdemeanor and, unless another 12
criminal penalty is specifically provided elsewhere, on conviction is subject to a fine not 13
exceeding $1,000 or imprisonment not exceeding one year or both, in addition to any civil 14
penalties. 15
[(b)] (C) A person may not be imprisoned for violation of any provision of an 16
order of the Attorney General or an agreement of a party relating to unit pricin g under 17
Title 14, Subtitle 1 of this article. 18
14–4701. 19
(a) In this subtitle the following words have the meanings indicated. 20
(w) (1) “Personal data” means any information that is linked or can be 21
reasonably linked to an identified or identifiable consumer. 22
(2) “Personal data” does not include: 23
(i) De–identified data; or 24
(ii) Publicly available information. 25
Article – Labor and Employment 26
4–406. 27
(A) IN THIS SECTION , “FOOD RETAILER” HAS THE MEANING STAT ED IN § 28
13–321 OF THE COMMERCIAL LAW ARTICLE. 29
(B) A FOOD RETAILER MAY NO T IMPLEMENT AN ADMIN ISTRATIVE, 30
OPERATIONAL, OR ORGANIZATIONAL CH ANGE THAT DIMINISHES OR IMPAIRS ANY 31
10 HOUSE BILL 895
RIGHT OR BENEFIT GUA RANTEED TO EMPLOYEES OF THE FOOD RETAILER UNDER 1
AN EXISTING COLLECTI VE BARGAINING AGREEM ENT OR MEMO RANDUM OF 2
UNDERSTANDING UNLESS THE CHANGE IS NEGOTIATED AND MUTUALLY AGREED ON 3
WITH THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES. 4
(C) A PERSON MAY BRING AN ACTION TO RECOVER FO R INJURY OR LOSS 5
SUSTAINED AS A RESULT OF A VIOLATION OF THIS SECTION. 6
(D) A PERSON WHO BRINGS AN ACTION TO RECOVER FOR INJURY OR LOSS 7
UNDER THIS SECTION A ND WHO IS AWARDED DA MAGES MAY ALSO SEEK , AND THE 8
COURT MAY AWARD, REASONABLE ATTORNEY’S FEES. 9
(E) IF IT APPEARS TO THE SATISFACTION OF THE COURT, AT ANY TIME , 10
THAT AN ACTION IS BROUGHT IN BAD FA ITH OR IS OF A FRIVO LOUS NATURE, THE 11
COURT MAY ORDER THE OFFENDING PARTY TO P AY TO THE OTHER PART Y 12
REASONABLE ATTORNEY’S FEES. 13
Article – Tax – General 14
11–206. 15
(c) (1) Except as provided in paragraph (2) of this subsection, the sales and 16
use tax does not apply to a sale of food for consumption off the premises by a food vendor 17
who operates a substantial grocery or market business at the same location where the food 18
is sold. 19
(2) The exemption under paragraph (1) of this subsection does not apply to: 20
(i) food that the vendor serves for consumption on the premises of 21
the buyer or of a third party; or 22
(ii) food for immediate consumption. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 24
measure, is necessary for the immediate preservation of the public health or safety, has 25
been passed by a yea and nay vote supported by three –fifths of all the members elected to 26
each of the two Houses of the General Assembly, and shall take effect from the date it is 27
enacted shall take effect October 1, 2026. 28