Local agencies: automated decision systems.
What changed between versions
Added a new Chapter 5.7 (Sections 51020-51023) to the Government Code creating a comprehensive regulatory framework for local agency use of automated decision systems in conferring supportive services, permits, and licenses.
The original bill's single-section intent statement about reducing reporting burdens was preserved but moved to the end of the bill, while the new findings and declarations section now includes specific references to CalFresh benefits, CSU admissions, building permits, CEQA exemptions, and the Housing Accountability Act as contexts where automated systems may be deployed.
Defined key terms including 'artificial intelligence,' 'automated decision system' (a computational process from machine learning, statistical modeling, data analytics, or AI that materially impacts natural persons), 'local agency,' 'supportive services,' 'legally protected information,' and 'personally identifiable information.'
Prohibited local agencies from using an automated decision system output as the sole basis for an adverse eligibility or benefit determination affecting a natural person, except as expressly authorized by federal or state law.
Required that any system output suggesting noneligibility or adverse action be reviewed by a human before any adverse action is taken, and that the system serve only as one factor in decisionmaking rather than a substitute for human judgment.
Required local agencies to verify accuracy of system outputs, monitor for bias based on race, sex, disability, immigration status, and other protected characteristics, and require complete application submissions before processing.
Required local agencies to safeguard personal information, protected health information, and legally protected information by prohibiting input into automated systems except where necessary for services administration, with access controls for third-party systems.
Required local agencies to provide a means to document or disclose that an automated decision system was used in a decision when its use is material, and to offer the public an opportunity to opt out of automated processing for supportive services determinations where possible.
Required local agency governing boards to provide initial and periodic audits or quality control reviews of automated decision system outputs (or a statistically valid sample) to assure acceptable accuracy.
Authorized the Government Operations Agency (GovOps) to develop and publish guidance on local agency use of automated decision systems, with a requirement to notify the Joint Legislative Budget Committee before issuing such guidance.
Authorized GovOps to provide technical assistance to local agencies upon request to help them comply with the new chapter.