Relating to the designation and use of certain spaces and facilities according to sex; authorizing a civil penalty and a private civil right of action.

Contracts

• Commercial Leases: Private businesses operating within public facilities (e.g., airport vendors, university food courts) must amend leases to clarify indemnification. If the landlord (the State/City) controls the restroom, they must indemnify the tenant against SB8 violations.
• Vendor MSAs: Master Service Agreements for janitorial, maintenance, and security providers must be updated. You must insert clauses requiring vendor staff to adhere to specific entry protocols (announcing presence, blocking doors) when entering opposite-sex facilities for maintenance.
• Grant Agreements: Non-profit shelters receiving state funds must review grant terms; failure to verify biological sex for housing assignments now constitutes a breach of contract endangering state funding.

Hiring/Training

• Frontline Staff Training: Security and facility management staff require training on the "Reasonable Steps" standard. They must know how to verbally intervene if a violation is observed and how to document the incident.
• Complaint Intake Officers: Designate specific personnel to monitor general inboxes. A citizen complaint regarding facility access triggers a statutory 3-business-day cure period. If this email is missed, the entity is exposed to AG intervention.

Reporting & Record-Keeping

• The "Cure Log": You must establish a permanent log tracking every citizen notice received. Data points must include: Date/Time of receipt, specific location of the alleged violation, and the specific remedial action taken within 72 hours.
• Affidavits of Compliance: Prepare template affidavits for your Facilities Director. In the event of an Attorney General investigation, you will be required to submit a sworn statement detailing your space designations and enforcement protocols.

Fees & Costs

• Civil Penalties: $25,000 for a first violation; $125,000 for subsequent violations. These are generally uninsurable fines.
• Litigation Risk: The law includes a "fee-shifting" provision. If your organization joins a lawsuit to enjoin this act and loses, you are jointly and severally liable for the State's legal fees.