7597.1.
(a) Notwithstanding any other law, beginning January 1, 2018, a person shall not smoke or use a tobacco product on a campus of the California State University or the California Community Colleges.(b) The Trustees of the California State University and the governing board of each community college district may do all of the following:
(1) Set standards for the enforcement of the prohibition set forth in subdivision (a) for the campuses within their respective jurisdictions and inform employees and students at that campus about those standards.
(2) Conduct a positive educational campaign to increase the awareness of a tobacco- and smoke-free policy.
(3) (A) Following compliance with paragraphs (1) and (2) of subdivision (b) and after January 1, 2018, with respect to a violation of the prohibition set forth in subdivision (a), impose a fine, not to exceed twenty-five dollars ($25) for the first offense, fifty dollars ($50) for the second offense, and one hundred dollars ($100) for the third offense and subsequent offenses. The amount of the fine imposed under this paragraph shall be determined by the Trustees of the California State University or the governing board of the affected community college district, as appropriate.
(B) The proceeds of the fines imposed under this paragraph shall be allocated for purposes to include, but not necessarily be limited to, support of the educational operations of the campus on which the violation occurs, education about and promotion of the policy implemented by this section, and tobacco use cessation treatment options for students of that campus.
(C) Each college or university may implement policies and procedures, including possible assistance from campus law enforcement, for collecting and processing fines imposed under this paragraph.
(D) If a campus adopts the enforcement and fine measures under this paragraph, it shall, and the campuses of the University of California may, post signs stating the campus tobacco use policy in any locations that were specifically designated for smoking or tobacco use before the prohibition set forth in subdivision (a) took effect.
(E) A fine shall not be imposed under this paragraph unless and until an educational campaign conducted pursuant to paragraph (2) fails to result in substantial compliance with the prohibition set forth in subdivision (a).
(c) The Regents of the University of California are encouraged to adopt and enforce new, or continue to enforce existing, policies substantially similar to subdivisions (a) and (b).
(d) For purposes of this section, the following definitions apply:
(1) “Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” or “smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
(2) (A) “Tobacco product” means any of the following:
(i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(iii) Any component, part, or accessory of a tobacco product, whether or not sold separately.
(B) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.
(e) The governing bodies of the California State University or a community college district may continue and enforce a tobacco use policy adopted before January 1, 2017, until the prohibition set forth in subdivision (a) takes effect.