Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights with respect to personal information that is collected or sold by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer's personal information, as specified. Existing law, beginning January 1, 2027, prohibits a business from developing or maintaining a browser, as defined, that does not include functionality configurable by a consumer that enables the browser to send an opt-out preference signal, as defined, to businesses with which the consumer interacts through the browser, as prescribed. This bill would prohibit an operating system or an application from undoing a user's affirmative configuration of a user's privacy setting without the user's consent, except as specified. The bill would define "privacy setting" to mean any user-configurable option within an application's privacy, or similarly labeled, menu that governs the application's collection, use, sharing, disclosure, retention, or processing of the user's personal information.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state. This bill would require the office of the Chancellor of the California Community Colleges and the California State University, and would request the University of California, to (1) as specified, jointly convene and participate in an intersegmental working group to develop and present recommendations for generative artificial intelligence (GenAI) system procurement standards and training, which the bill would require to be submitted on or before January 1, 2028, (2) provide the training to students, faculty, or staff, as applicable, (3) review the training developed by the working group at least once per academic year, update the training as necessary, and maintain records of completed trainings for each student, faculty member, and staff member who receives a training, as provided, and (4) within 60 days following the execution of a systemwide contract for a GenAI system and until procurement standards are adopted, submit a written report to the Legislature and certain legislative policy committees with a description of, among other things, the process used in evaluating and selecting the GenAI system, as provided.
The Digital Financial Assets Law (DFAL) generally regulates digital financial asset business activity, including by prohibiting a covered person from taking certain actions with digital financial assets if that asset is a stablecoin, as defined and prescribed. The DFAL requires, among other charges, an applicant for a license to include a nonrefundable fee with an application, as specified. This bill would authorize the Department of Financial Protection and Innovation to adopt regulations to allow specified payments required under the DFAL to be made with stablecoins, as specified. This bill would become operative on July 1, 2027, and sunset its provisions on January 1, 2032.
Existing law generally regulates the hiring of real property. The Real Estate Law generally provides for the licensure and regulation of real estate brokers and salespersons. The law requires a real estate broker or salesperson, or person acting on their behalf, who includes a digitally altered image, as defined, in an advertisement or other promotional material for the sale of real property to include a disclosure, as specified. If the advertisement or promotional material is posted on an internet website, the law requires the same image without digital alteration to be included, as specified. The law defines "sell," "sale," or "sold" for these purposes as a transaction for the transfer of real property from a seller to a buyer, and includes, among other things, a leasehold exceeding one year's duration. A willful violation of the Real Estate Law is a crime. This bill would require a person who includes a digitally altered image, as defined, in an advertisement or other promotional material for the rental of real property to include a disclosure, as specified. The bill would require the unaltered image to be included, as specified, unless the image, architectural rendering, or artistic rendering was not originally created through the use of a capture device, as defined. The bill would specify that a violation of these provisions by a person licensed under the Real Estate Law is a violation of that law. By imposing new requirements on real estate licensees, the violation of which is a crime, this bill would impose a state-mandated local program. The bill would specify that the provisions that apply to an advertisement or other promotional material for the sale of real property described above do not apply to an advertisement or other promotional material for a leasehold exceeding one year's duration. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) The Unclaimed Property Law (UPL) prescribes the circumstances under which intangible property, including digital financial assets, escheats to the state, including how and when apparent owners must be notified that their property is at risk of escheating and the manner in which escheated property must be delivered to the State Controller. Existing law also requires that business associations holding a financial asset that is potentially subject to escheatment provide notice to the owners of that asset as specified. This bill would establish mechanisms for the management of digital financial assets, as defined, that escheat to the state. The bill would create the Digital Asset Claims Reserve Account and the Digital Asset Reserve Fund for these purposes. The bill would require the Controller to hold an escheated digital financial asset in its native form no earlier than 18 months and no later than 20 months after it is reported to the Controller by the holder of the asset, and, if it is not claimed by the owner within that time, to liquidate the asset and deposit the net proceeds in the Digital Asset Claims Reserve Account. The bill would require the Treasurer to invest moneys in the Digital Asset Claims Reserve Account pursuant to the Treasurer's existing authority to invest surplus money. The bill would require the Controller to transfer all interest, earnings, and investment income credited to the Digital Asset Claims Reserve Account to the Digital Asset Reserve Fund on a quarterly basis. The bill would create the Digital Asset Reserve Board, which would be assigned specified tasks relating to administration of the Digital Asset Reserve Fund, including establishing investment policies to be followed by the Controller when investing moneys in the fund by converting them into high-quality digital assets. The bill would authorize the Controller to take specified actions related to digital financial assets and would require the Controller to publish a quarterly report, as specified. Under the bill, a person who makes a valid claim before the disposition of the digital financial assets is entitled to receive the digital financial assets in their native form or in fiat currency, as specified, or in cash if the digital financial assets were liquidated. The bill would authorize the Controller to use assets within the Digital Asset Reserve Fund to pay for the administration and management of the fund, thereby making an appropriation. (2) Under existing law, a person holding funds or other property escheated to the state must file a report with the Controller and pay or deliver the escheated property to the Controller within a specified time, unless another person establishes their right to the property. Existing law requires any payment to the Controller of at least $2,000 in unclaimed cash to be made by electronic funds transfer. The bill would permit the Controller to direct the holder of a digital financial asset to sell or to otherwise liquidate the digital financial asset and deliver the net proceeds in lieu of the native digital financial asset, as specified. The bill would require a holder of funds or other property escheated to the state that is directed to sell or liquidate the digital financial asset to do so for no less than the prevailing market price of the digital financial asset at the time of sale.
The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device, including a covered battery-embedded product, as defined, in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee, as specified. The act imposes certain obligations on a manufacturer of a covered electronic device sold in the state. Existing law requires a manufacturer of a covered electronic device that is a covered battery-embedded product, as defined, to provide a specified notice to any retailer that sells that product informing the retailer that the covered battery-embedded product is subject to a recycling fee, as provided. Existing law requires the notices to identify the covered electronic device by brand and model number. Existing law incorporates the requirements and other provisions of the act by reference as requirements and provisions of the hazardous waste control laws. The act also expressly authorizes the Department of Toxic Substances Control to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws. A violation of the hazardous waste control laws is a crime. This bill would require the manufacturer to send notices regarding the products to the Department of Resources Recycling and Recovery (CalRecycle) in accordance with specified timeframes set forth in the bill. The bill would also require the notices to contain the universal product code (UPC) , as defined, and make conforming changes. By changing the definition of a crime, the bill would impose a state-mandated local program. The bill would require CalRecycle to develop, on or before March 1, 2027, a standardized form for notices submitted by a manufacturer pursuant to this provision. The bill would require the form to require each notice to identify the battery-embedded covered product manufactured by that manufacturer by brand, model number, and UPC, and the covered battery-embedded waste recycling fee. The bill would require CalRecycle, on or before May 1, 2027, to create and maintain a searchable database for the notices sent by a manufacturer pursuant to this requirement, to post that information on its internet website, as provided, and to consult with manufacturers and retailers to develop a standardized online upload process for these purposes. The bill would require, upon receipt of a notice directly from a manufacturer or the publication of a notice in the online database maintained by CalRecycle, that a retailer shall have 60 days to commence collection of the fee established in compliance with requirements of the act. The bill would specify procedures for addressing complaints or information alleging a violation of laws relating to a covered battery-embedded product, as provided. Existing law sets forth definitions for purposes of the act. This bill would expand the definition of a "retailer" to include a "marketplace facilitator," as defined. The bill would delay, until January 1, 2028, the application of the act to "discount stores," as defined. The bill would limit the duties under the act of "thrift retail stores," as defined, and manufacturers regarding battery-embedded product donations to thrift retail stores, as specified. The bill would define a "universal product code" to mean an all-numeric code that represents a consumer package of a particular brand, size, type, and manufacturer by using a series of alternating bars and spaces for electronic scanning. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Public Utilities Commission to establish the Rural and Urban Regional Broadband Consortia Grant Account in the California Advanced Services Fund and makes the moneys in the account available for grants to eligible consortia to facilitate the deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. Existing law requires each consortium to conduct an annual audit of its expenditures for programs funded pursuant to those provisions and to submit to the commission an annual report that includes specified information. This bill would instead require moneys in the Rural and Urban Regional Broadband Consortia Account to be available for grants to eligible consortia primarily to facilitate the deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. In facilitating the deployment of broadband services, the bill would authorize the consortia to undertake activities that promote broadband adoption within specified areas, including all infrastructure project areas that received California Advanced Services Fund grants on or after January 1, 2020, as specified, neighborhoods and communities identified by jurisdictions receiving local agency technical assistance grants, or areas where construction of infrastructure deployment and upgrade investments are made pursuant to public benefit agreements by parties to corporate consolidations approved by the commission. The bill would require the commission to allocate sufficient funds to the account to provide multi-year grants to eligible consortia to engage and regularly convene specified representatives and to implement an approved regional work plan consistent with a standardized scope of work determined by the commission, which would be required to include specified strategies and infrastructure-related activities, as provided. The bill would require the annual base funding grant per consortium to be no less than $200,000, plus an increased amount based on the number of unserved and underserved locations, unconnected households, and the number of low-income households in the region, as provided. The bill would delete the requirement for each consortium to conduct an annual audit and would revise the information required to be included in the annual report to the commission, as specified. The bill would authorize the commission to engage experienced nonprofit organizations through an open, competitive process to assist the commission and support the consortia, as provided. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The Insurance Rate Reduction and Reform Act of 1988, an initiative measure enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, prohibits specified insurance rates from being approved or remaining in effect that are excessive, inadequate, unfairly discriminatory, or otherwise in violation of the act. Under the act, rates and premiums for automobile insurance are determined based on specified factors, including the insured's driving safety record. Existing law authorizes the provisions of Proposition 103 to be amended by a statute that furthers the purposes of the act and is enacted by the Legislature with a 23 vote. This bill, the Consumer Driving Data Protection Act of 2026, would authorize a consumer to opt to use telematics to establish their driving record, thus amending Proposition 103. The bill would prohibit the use of telematics data for a purpose other than rating private passenger automobile insurance. The bill would require a rate application under which telematics would be used to establish an insured's driving record to include specified materials related to the insurer's telematics program. This bill would prohibit an insurer that uses telematics from taking specified actions, including conditioning eligibility for a discount upon participation in a telematics program, unless the discount is approved by the commissioner. The bill would also set forth written consent and privacy requirements for the collection and use of telematics data. The bill would authorize the commissioner to impose specified penalties for violations of the bill's provisions, including civil penalties and suspension of an insurer's telematics program. This bill would require an insurance provider or third-party vendor to take specified actions with respect to the telematics data, including immediately deleting the data once a rating has been assigned to the consumer and obtaining an express written or electronic signature of a consumer on a notice meeting specified conditions. The bill would additionally prohibit an insurance provider or third-party vendor from keeping the telematics data for longer than 6 months and collecting audio or visual recordings of the occupants of the vehicle or persons outside the vehicle, among other specified prohibitions. The bill would declare that its provisions further the purposes of Proposition 103. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing federal law, through copyright, provides authors of original works of authorship, as defined, with certain rights and protections. Existing federal law generally gives the owner of the copyright the right to reproduce the work in copies or phonorecords and the right to distribute copies or phonorecords of the work to the public. Existing federal law provides that sound recordings fixed before February 15, 1972, are not subject to copyright but are subject to similar rights and protections under the Classics Protection and Access Act. Existing law requires, before each time that a generative artificial intelligence system or service, as defined, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made available to Californians for use, regardless of whether the terms of that use include compensation, a developer of the system or service to post on the developer's internet website documentation, as specified, regarding the data used to train the generative artificial intelligence system or service. This bill would require a developer of a generative artificial intelligence model to make available on its internet website a mechanism allowing a rights owner to request information about the developer's use of the rights owner's covered materials that would allow the rights owner to provide the developer with, among other things, registration, preregistration, or index numbers for one or more covered materials. The bill would require a developer to document and retain any requests received from rights owners for a specified time period. The bill would, subject to specified exceptions, require a developer to, within 30 days of receiving that request from the rights owner, assess whether the developer used the rights owner's covered materials to develop the model and provide the rights owner with a list of covered materials, as specified. The bill would provide that each day following the 30-day period that a developer fails to provide a rights owner with that information constitutes a discrete violation. The bill would authorize a rights owner who complies with specified requirements for submitting a request that is not provided with information according to these provisions to bring, subject to a certain notice and cure opportunity, a civil action against the developer for specified relief. The bill would provide that its requirements do not apply to a model that meets certain criteria, including, among other things, being trained exclusively using data the developer makes publicly available at no cost to users. The bill would provide that it does not impose liability on a telecommunications service, information service, or cable service provider, as specified. The bill would define various terms for these purposes.
Existing law requires the State Department of Education, on or before January 1, 2024, to develop a plan to expand mental health instruction in California public schools. This bill would require the department, on or before January 1, 2028, to develop a plan to expand digital wellness instruction in California public schools, as provided.
