Asm. Rebecca Bauer-Kahan

Existing federal law, the National Suicide Hotline Designation Act of 2020, designates the 3-digit telephone number "988" as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide & Crisis Lifeline. Existing law, the Miles Hall Lifeline and Suicide Prevention Act, requires, among other things, the California Health and Human Services Agency (agency) to create, no later than December 31, 2024, a set of recommendations to support a 5-year implementation plan for a comprehensive 988 system. Existing law requires the agency to convene a state 988 advisory group for purposes of advising the agency on the set of recommendations and requires the recommendations to include specified information. Existing law requires the advisory group to meet at least once per quarter until December 31, 2024. Existing law authorizes the agency to disband the advisory group on or after January 1, 2025. Existing law requires the agency, until December 31, 2029, to post regular updates, no less than annually, regarding the implementation of 988 on its public internet website. This bill would require the advisory group to meet at least once per quarter until December 31, 2029. The bill would authorize the agency to disband or reconvene the advisory group on or after January 1, 2030. The bill would require the above-described regular updates to include, among other things, the progress toward statewide interoperability between 988 and 911. The bill would require the agency to have the primary responsibility for statewide governance and implementation of the 988 system. The bill would require the agency to maintain a 988 System Governance Board to provide cross-agency coordination and oversight related to implementation of the 988 system, as specified. The bill would require the State Department of Health Care Services to be responsible for oversight of 988 center operations, among other things. Existing law requires the Office of Emergency Services (office) to establish and convene the State 988 Technical Advisory Board for purposes of advising the office on, among other things, recommendations on the feasibility and plan for sustainable interoperability between 988, 911, and behavioral health crisis services. Existing law requires the advisory board to meet no less than quarterly until December 31, 2028. Existing law, after December 31, 2028, authorizes the office to disband the advisory board. Existing law requires the office to appoint a 988 system director to implement and oversee the policy and regulatory framework for the technology infrastructure, coordination, and transfer of calls between 988, 911, and behavioral health crisis services. This bill would require the advisory board to meet no less than quarterly until December 31, 2029, and thereafter, would authorize the office to disband or reconvene the advisory board. The bill would delete the requirement for the office to appoint a 988 system director. The bill, on or before December 31, 2029, would require the office, in consultation with the State Department of Health Care Services, to procure, implement, and designate a single statewide interoperability platform capable of facilitating real-time communication and warm handoffs between 988 centers and 911 public safety answering points. No later than June 1, 2027, the bill would require the Emergency Medical Services Authority, in consultation with the office and the State Department of Health Care Services, to develop and adopt mandatory statewide protocols governing the transfer of calls and communications from 911 public safety answering points to 988 centers, as specified. The bill would require the authority to consult with, among others, county behavioral health agencies to develop these protocols. Existing law establishes the 988 State Suicide and Behavioral Health Crisis Services Fund for the deposit of 988 surcharge revenue. Existing law requires 988 surcharge revenue to be prioritized to fund, among other things, the 988 centers, including the efficient and effective routing of telephone calls, personnel, and the provision of acute behavioral health services through telephone call, text, and chat to the 988 number. Existing law requires 988 surcharge revenue in the 988 State Suicide and Behavioral Health Crisis Services Fund to be available upon appropriation by the Legislature for these purposes. Existing law requires an entity seeking funds available through the 988 Suicide and Behavioral Health Crisis Services Fund to annually file an expenditure and outcomes report, as specified. This bill would require the State Department of Health Care Services to develop and maintain a statewide 3-year expenditure methodology for the 988 State Suicide and Behavioral Health Crisis Services Fund, as specified. The bill would require the methodology to be completed on or before June 30, 2027, and to first be used for, or before, the 2028–29 budget year. The bill would require the entity seeking funds to include in the report the net revenues, expenditures, and sources of revenues for 988 and receiving or seeking funds, as specified. The bill would also make conforming changes to the provisions relating to the disbursement of moneys in the 988 State Suicide and Behavioral Health Crisis Services Fund.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes the commission to investigate a single rate, classification, rule, contract, practice, or the entire schedule of rates, classifications, rules, contracts, and practices, of any public utility, and to establish new rates, classifications, rules, contracts, practices, or schedules. This bill would require, as part of a new or existing proceeding, the commission to require each electrical corporation to file a transmission and distribution service tariff and a generation service tariff for participating customers, as defined, that meet certain requirements, as specified. The bill would also require, on or before January 1, 2028, each community choice aggregator or electric service provider to adopt a tariff for generation service for data centers, as defined, consistent with certain requirements, as specified. By imposing new duties on community choice aggregators, the bill would impose a state-mandated local program. 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 a part of the act, and because a violation of a commission action implementing the above provisions 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 specified reasons.

Existing law, the Protecting Our Kids from Social Media Addiction Act, prohibits an operator of an addictive internet-based service or application from providing an addictive feed, as defined, to a user unless the operator does not have actual knowledge that the user is a minor, as specified, or the operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor. Existing law, the Digital Age Assurance Act, beginning January 1, 2027, requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit a covered platform, as defined, from providing an addictive feature, as defined, to a user who is under 16 years of age and would require a covered platform to implement reasonable measures to ensure that users under 16 years of age are not offered or provided any addictive feature on the covered platform. The bill would also authorize the Attorney General to adopt regulations to implement and enforce the bill in order to further the purpose of protecting minors online, including by altering the scope of "covered platform" if the Attorney General determines that doing so is necessary to ensure that "covered platform" applies to internet websites, online services, online applications, or mobile applications that make addictive features, as defined, available to users under 16 years of age. This bill would impose a civil penalty upon a noncompliant platform and would require its provisions to be enforced by a civil action brought only by the Attorney General or a local public prosecutor, as specified. This bill would also establish the e-Safety Advisory Commission within the Department of Justice as an independent advisory body that is only for administrative purposes to advise state government on certain matters related to online safety and would require the commission to, on or before January 1 of each year, report to the Legislature and the Governor on, among other things, its activities under the bill.

Existing law makes it a crime to, by force, threat of force, or physical obstruction that is a crime of violence, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. This bill would make it unlawful for a person to, within a radius of 100 feet from an entrance or exit of a place of religious worship, as defined, intentionally approach another person seeking to enter or exit a place of religious worship within 8 feet of that person to either pass a leaflet or handbill to, display a sign to, or engage in oral protest or education or to harass, obstruct, threaten, or intimidate the person or occupant. The bill would, for the purposes of determining that distance, measure from the body of the person seeking to enter or exit, or the exterior of a motor vehicle they occupy, to the body of, or any sign or object held by, the other person. The bill would prescribe specified fines, imprisonment, or fine and imprisonment for a violation of these provisions. By creating a new 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.

Existing law establishes various protections for California Native American tribes, including prohibiting a public agency or private party using or occupying public property or operating on public property from interfering with the free expression or exercise of Native American religion as provided in the United States Constitution and the California Constitution. Existing law also requires a local government to provide formal notification to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, as provided. Existing law requires the local government, during the consultation, to give deference to the tribal information, tribal knowledge and customs, and the significance of the resource to the California Native American tribe. Existing law prohibits any information, as described, that is submitted by a California Native American tribe during the environmental review process from being included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, as specified, without the prior consent of the tribe that provided the information. Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act. This bill, the California Indian Freedom Act of 2026, would, commencing January 1, 2028, prohibit a governmental agency from substantially burdening a California Indian or California Native American tribe's exercise of religious beliefs or spiritual practices on state lands, except as necessary to protect public safety and security, including their access to and use of sacred sites and objects, and their ability to perform religious ceremonies and rites, even if the burden results from a rule of general applicability, unless the governmental agency demonstrates that application of the burden is in furtherance of a compelling governmental interest and is in the least restrictive means of furthering that interest. The bill would provide that a California Native American tribe has exclusive standing to assert a violation of these provisions and would authorize a California Native American tribe to assert a violation of these provisions as a claim or defense in any judicial or administrative proceeding, as specified. The bill would require a governmental agency to allow California Indians access to sacred sites on state lands, as specified. The bill would require a governmental agency to seek and document free, prior, and informed consent from affected tribes before undertaking any physical change to a state land, as described, which the agency has actual knowledge is a sacred site where the action may pose a risk to sacred sites, as specified. The bill would require the affirmation of consent from the governing body of the affected tribe to be in writing, as described. This bill would require the Department of General Services, in coordination with the Capitol Protective Section and the Joint Rules Committee, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol grounds. The bill would require the Joint Rules Committee, in coordination with the Capitol Protective Section and the State Senate Capitol Security Program, to the greatest extent possible, to uphold the religious freedom, ceremonial practices, sacred sites, cultural patrimony, and cultural landscapes of tribes when accessing the State Capitol Building, as specified. This bill would provide that the application of the act is strictly limited to a governmental agency's management actions that involve only state lands, as specified. The bill would declare that specified provisions of the bill do not apply to the authority of the State Water Resources Control Board to authorize, curtail, or otherwise regulate the diversion and use of water, or to the Porter-Cologne Water Quality Control Act. This bill would require information identifying sacred sites, cultural landscapes, or religious practices obtained by a governmental agency for the purposes of the California Indian Freedom Act of 2026 to be confidential and would exempt this information from public record laws, including the California Public Records Act. The bill would revise the list of exempted records under the California Public Records Act to add the above-described exemption. The bill would prohibit the provisions of the act from being construed to limit or restrict the authority of the state or any state agency to enter into an agreement, memorandum of understanding, or other arrangement with any tribe to allow access to any state lands for the purpose of conducting religious, cultural, or ceremonial practices. The bill would define various terms for these purposes and would make related legislative findings. 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 law requires, on or before September 1, 2024, the Department of Technology, within the Government Operations Agency, to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law requires the department to annually submit a report of that comprehensive inventory to the Assembly Committee on Privacy and Consumer Protection and the Senate Committee on Governmental Organization. Existing law, the Transparency in Frontier Artificial Intelligence Act, among other things related to ensuring the safety of certain artificial intelligence models, requires a large frontier developer to write, implement, and clearly and conspicuously publish on its internet website a frontier AI framework that applies to the large frontier developer's frontier models and describes how the large frontier developer approaches, among other things, incorporating national standards, international standards, and industry-consensus best practices into its frontier AI framework. This bill would require, on or before January 1, 2028, the Government Operations Agency to take certain actions related to the selection and regulation of certain entities, defined as "independent verification organizations," designated by the agency as having demonstrated expertise in assessing the risks posed by an AI system or model and identifying the metrics and methodologies that form the basis for that assessment. The bill would require the agency to convene working groups to solicit stakeholder input in the identification of standards and the development and revision of procedures and criteria, as specified. The bill would require the agency to provide a report to the Legislature on the findings of the working groups and would require a designated IVO to submit annually, and no sooner than 12 months after initial designation as an IVO, to the agency and Legislature a report, as specified.

Existing law requires the Secretary for Environmental Protection to convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Existing law also requires the advisory group to submit policy recommendations to the Legislature aimed at ensuring that as close to 100% as possible of lithium-ion vehicle batteries in the state are reused or recycled at end of life in a safe and cost-effective manner. Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards and to regulate emissions from motor vehicles. Existing state board regulations require certain new motor vehicles to be equipped with specified traction battery labels. This bill would require, commencing July 1, 2028, a battery supplier, as defined, to equip a new vehicle traction battery sold in the state with a permanent label containing only specified information, as provided. The bill would require a remanufacturer to rebrand and relabel a remanufactured vehicle traction battery, as provided. The bill would require each battery supplier and remanufacturer, no later than 90 days after the chaptering of the act, to register with the state board and provide the state board with specified information. The bill would require those entities to update that registration and information annually and upon request of the board, as provided. The bill would require the state board to adopt regulations no later than July 1, 2031, to implement and enforce these provisions and would require the state board to determine the most cost-effective means to accept required electronic submissions, as provided. This bill would require battery suppliers, beginning July 1, 2029, and annually thereafter, to pay the state board a fee sufficient to cover the state board's full personnel, administrative, regulatory, and loan and interest costs related to implementing and enforcing these provisions. The bill would require the state board to create a tiered fee schedule based on each battery supplier's share of total in-state vehicle registrations with vehicle traction batteries 10 years prior, and would exempt establishment of and updates to that schedule from the Administrative Procedure Act. The bill would establish the Vehicle Traction Battery Recovery Fund (fund) in the State Treasury and would require the state board to deposit all fee moneys into the fund, as specified. Moneys in the fund would be available, upon appropriation by the Legislature, only to implement and enforce these provisions, and to reimburse specified loans and interest. The bill would authorize, upon appropriation by the Legislature, the Director of Finance to make a loan from an unspecified fund to the fund to meet regulatory and startup costs of the state board's activities pursuant to these provisions. The state board's duties under the bill would be contingent upon an appropriation for these purposes.

Existing law establishes the Department of Technology within the Government Operations Agency. Existing law requires the department to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law generally regulates artificial intelligence, including the Transparency in Frontier Artificial Intelligence Act, which, among other things related to the safety of certain artificial intelligence models, requires a large frontier developer to write, implement, comply with, and clearly and conspicuously publish on its internet website a frontier AI framework that applies to the large frontier developer's frontier models and describes how the large frontier developer approaches certain safety-related items. Existing law defines "artificial intelligence" as an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. This bill would require the Government Operations Agency to, no later than January 1, 2029, establish an AI Auditor Registry on the agency's internet website allowing AI auditors to register with the agency and allowing natural persons to report misconduct by a registered AI auditor, and require the agency to fix annual registration fees, as specified. The bill would, commencing January 1, 2029, prohibit an unregistered person from offering, selling, or conducting a covered AI audit, as defined, and would require the agency to, among other things, issue a unique registration number to each registered AI auditor and publish information provided by a registered AI auditor on the agency's internet website. The bill would require the registration number of a registered AI auditor to be clearly and conspicuously displayed on all advertising materials offering or soliciting covered AI audit services. The bill would authorize the agency to adopt regulations that are reasonably necessary to effectuate the purposes of the bill. This bill would require an AI auditor that registers with the agency to provide specified information to the agency and would impose various requirements on a registered AI auditor that conducts a covered AI audit, including, among other things, providing the auditee with a report that includes a signed and dated statement indicating that the audit was conducted according to the provisions of this bill. This bill would require a registered AI auditor to adhere to various standards of independence, objectivity, and integrity, including not seeking, soliciting, negotiating for, or accepting employment with an auditee while participating in the audit and not conducting a covered AI audit if the auditor has a financial, business, employment, or other interest or relationship that would reasonably be expected to impair the auditor's independence or objectivity. The bill would prohibit a registered AI auditor from preventing an employee from engaging in, or from retaliating against an employee who has engaged in, specified whistleblower activity. The bill would authorize the agency to investigate alleged violations of the bill, as specified, and provide that a violation constitutes grounds for removal from the registry and referral to the Attorney General or other appropriate enforcement authority. This bill would create the AI Auditors' Registration Fund within the State Treasury, to be administered by the agency, and would require that all moneys collected or received by the agency pursuant to the above-described provisions be deposited into the fund to be available, upon appropriation by the Legislature, to administer the above-described provisions. Existing law establishes the California Board of Accountancy, which is within the Department of Consumer Affairs, and requires the board to license and regulate accountants in this state. This bill would exempt a registered AI auditor licensed or authorized to practice public accountancy and a firm holding a permit to practice public accountancy issued by the California Board of Accountancy, as specified, from complying with certain requirements related to reporting information to the agency and standards of independence, objectivity, and integrity under the bill if certain requirements are met. The bill would require the Government Operations Agency to, if the agency determines that a certified public accountant, public accountant, or accounting firm in good standing has violated this bill, notify the accountant or firm and the California Board of Accountancy in writing, and would require the board to investigate the complaint and provide the agency with a report of its findings and any resulting action.

The California Fair Employment and Housing Act establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and requires the department to, among other things, bring civil actions to enforce the act. Existing law requires, on or before September 1, 2024, the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. This bill would generally regulate the development and deployment of an automated decision system (ADS) used to make consequential decisions, as defined. The bill would define "automated decision system" to mean a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. This bill would require a developer of a covered ADS, as defined, to take certain actions, including providing a potential deployer instructions explaining how the covered ADS should be used by the deployer to make or facilitate a consequential decision. This bill would require a deployer of a covered ADS to take certain actions, including provide certain disclosures to a subject of a consequential decision made or facilitated by the covered ADS that results in an adverse outcome, as defined, and provide the subject with an opportunity to appeal the outcome of the consequential decision, as prescribed. This bill would authorize the Attorney General to bring a specified civil action for noncompliance.

Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of a legally protected health care activity, as defined, or for obtaining a legally protected health care activity, if the legally protected health care activity is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity. Existing law prohibits specified persons, including a judicial officer, a court employee, or an authorized attorney, among others, from issuing a subpoena in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of a legally protected health care activity in this state, or an individual obtaining a legally protected health care activity in this state, if the legally protected health care activity is lawful in this state. This bill would make those provisions apply regardless of the patient's location. Existing law authorizes the Governor to surrender, on demand of the executive authority of any other state, any person in this state charged in the other state with committing an act in this state, or in a 3rd state, intentionally resulting in a crime in the state whose executive authority is making the demand. This bill would additionally prohibit a state or local law enforcement agency or officer from knowingly arresting or participating in the arrest of any person who the Governor has declined to surrender. Existing law requires any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. Existing law prohibits a California corporation that provides electronic communication services or remote computing services to the general public from complying with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration described above. This bill would extend those provisions to also apply to a California corporation that provides financial services, as defined, to the general public. By expanding the situations in which a declaration under penalty of perjury is required, this bill would expand the scope of the crime of perjury and impose a state-mandated local program. The bill would authorize the Attorney General to commence an action to enforce these provisions, as specified, and would authorize the court to assess a statutory penalty of $10,000 for a first violation, and $15,000 for a 2nd or subsequent violation, against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with or provided information in response to an inquiry, investigation, subpoena, or summons regarding legally protected health care activity in violation of these provisions. 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.