Asm. Diane Papan

Existing law requires the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center (Cal-CSIC) , to be composed of representatives from the specified organizations, with a primary mission to reduce the likelihood and severity of cyber incidents that could damage California's economy, its critical infrastructure, or public and private sector computer networks in our state. This bill would require Cal-CSIC to include representatives from the State Department of Education. Existing law requires Cal-CSIC to serve as the central organizing hub of the state government's cybersecurity activities and coordinate information sharing with, and share cyber threat information received from, specified public and private entities. Existing law also requires a school district, county office of education, or charter school to report any cyberattack, as defined, impacting more than 500 pupils or personnel to Cal-CSIC. This bill would explicitly include school districts, county offices of education, and charter schools among the specified entities with which Cal-CSIC coordinates information sharing, including cyber threat information.

Existing law authorizes a public entity that supplies water at retail or wholesale within its service area to adopt, in accordance with specified procedures, and enforce a water conservation program. This bill would require a public entity, as defined, to conduct a water usage demand analysis, as defined, prior to completing, or as part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with applicable law. The bill would require a public entity to identify, within the water usage demand analysis, the costs of water service for the highest users, as defined, incurred by the public entity, and the average annual volume of water delivered to high water users. The bill would also require the costs of water service for the highest users and the average annual volume of water delivered to high water users to be made publicly available by posting the information in the public entity's cost-of-service analysis. By requiring a higher level of service of public entities, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the sealer of a county to inspect and test weighing and measuring devices, as specified, that are used or sold in the county. Existing law also requires the sealer of a county to weigh or measure packages to determine whether they contain the amount represented, as provided. Existing law, until January 1, 2027, authorizes the board of supervisors of a county, by ordinance, to charge an annual registration fee, not to exceed the county's total cost of actually inspecting or testing weighing and measuring devices required of the county sealer, to recover the costs of the county sealer to perform these duties. Existing law, until January 1, 2027, requires the Secretary of Food and Agriculture to establish by regulation an annual administrative fee to recover reasonable administrative and enforcement costs incurred by the Department of Food and Agriculture for exercising supervision over and performing investigations in connection with the activities performed by county sealers described above and for other specified duties, and requires the administrative fee to be collected for every device registered with each county office of weights and measures and paid annually to the Department of Food and Agriculture Fund. This bill would extend the authority of the board of supervisors of a county to charge an annual registration fee to recover the costs of the county sealer, as provided, until January 1, 2029, and would extend certain other related provisions. The bill would also continue the annual administrative fee to recover the costs incurred by the department described above until January 1, 2029. Existing law specifies that the annual registration fee for a business that uses a commercial weighing or measuring device consists of, among other things, a business location fee and a device fee. Existing law generally prohibits the business location fee and device fee from exceeding $100 per business location, plus 100% of the maximum applicable device fee. This bill would instead prohibit the business location fee and device fee from exceeding $120 per business location, plus 100% of the maximum applicable device fee. The bill would increase the maximum device fee for water submeters and vapor submeters used under certain circumstances to $6 and $10, respectively, and would increase the maximum device fee for computing scales to $25. The bill would also apply the same device fee and other requirements applicable to computing scales to electronic counter scales interfaced with a cash register or any point-of-sale system. Existing law provides, that for computing scales, the portion of the annual registration fee consisting of the business location fee and the device fees shall not exceed $1,000 for each business location. This bill would increase the maximum annual registration fee described above to $1,200. Existing law provides, that for all other commercial weighing or measuring devices not specifically listed, the device fee shall not exceed $20 per device and the portion of the annual registration fee consisting of the business location fee and the device fees shall not exceed $1,000 for each business location. This bill would increase the maximum device fee to $26 for these devices and would increase the maximum annual registration fee described above to $1,200.

(1) Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers, including, among other provisions, required disclosures by a rental company, mandatory contract provisions for a vehicle rental agreement, restrictions on a rental company's use of electronic surveillance technology, and authorization for a rental company to collect specific types of fees and charges from its customers. Existing law defines "rental company," among other terms, for purposes of those provisions. This bill would define the term "personal vehicle sharing program" for purposes of these provisions as a person or entity that, for monetary compensation, facilitates the rental of passenger vehicles to the public, including via a peer-to-peer internet website, application, or other platform, that connects a vehicle owner with a vehicle driver to facilitate sharing or renting a vehicle for consideration, as specified. This bill would, on and after July 1, 2024, prohibit a personal vehicle sharing program from allowing a vehicle to be placed on a digital network or software application of the personal vehicle sharing program for the purpose of making the vehicle available for rental through the personal vehicle sharing program unless certain conditions are satisfied, including specified certifications regarding tax-related matters pertaining to the motor vehicle. (2) Existing law authorizes an airport operated by a city and county to require a rental car company to collect a customer facility charge from its customers on behalf of the airport for the use of airport-mandated common use facilities, as specified. This bill would make those provisions applicable to a personal vehicle sharing program, as defined, and require that any customer facility charges collected be proportionate to the services and infrastructure utilized. The bill, beginning on July 1, 2024, would require that before facilitating sharing or renting of vehicles, any program, person, or entity that is a personal vehicle sharing program obtain a permit or other written authorization from the airport operator that sets forth the terms, standards, regulations, procedures, fees, and access requirements for the activity. (3) Existing law, the California Tourism Marketing Act, authorizes the California Travel and Tourism Commission to require businesses to pay an assessment for the purpose of increasing the number of persons traveling to and within California, implementing a tourism marketing plan, administration, and collecting assessments, as specified. Existing law provides that for purposes of calculating the assessment for a business within the passenger car rental category, the assessment shall be collected only on each rental transaction that commences at either an airport or at a hotel or other overnight lodging with respect to which a city, city and county, or county is authorized to levy a tax as specified. This bill would specify that these provisions apply to a personal vehicle sharing program in the same manner as a business in the passenger car rental category for each sharing or rental transaction that begins at an airport.

(1) Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (act) , requires an owner of an underground storage tank, as defined, for which a permit is required by law to pay storage fees for each gallon of petroleum placed in the tank. The act establishes the Underground Storage Tank Cleanup Fund (fund) , and requires the storage fees, among other moneys, to be deposited into the fund. The act authorizes the State Water Resources Control Board to expend the moneys in the fund, upon appropriation by the Legislature, to pay for corrective action in response to an unauthorized release from an underground storage tank and for the cleanup and oversight of unauthorized releases at abandoned tank sites, among other specified purposes. The act requires that certain information be submitted to the state board, and other specified agencies, under penalty of perjury. The act provides for the repeal of certain of its provisions on January 1, 2026, but also provides that certain associated rights, obligations, and authorities that apply before the January 1, 2026, repeal date do not terminate upon repeal of the other provisions of the act. This bill would postpone the repeal of those provisions to January 1, 2036. By extending the operation of those portions of the act, the bill would impose a state-mandated local program by continuing the operation of certain crimes regarding the furnishing of information under penalty of perjury. The bill would also include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (2) Until January 1, 2026, the act requires the State Water Resources Control Board to continually post and update on its internet website, as specified, information that describes the status of the fund and make certain recommendations. This bill would make this provision operate indefinitely. (3) Existing law authorizes the board to pay claims from the fund of up to $1,000,000 per occurrence, as defined, to aid owners and operators of petroleum underground storage tanks who take corrective action to clean up unauthorized releases from those tanks and to reimburse costs related to the compensation of third parties for bodily injury and property damages, as specified. Existing law prohibits any person from owning or operating an underground storage tank unless a permit has been issued to the owner or operator of the tank. Existing law requires the board to make specified findings before paying a claim, including that the claimant has complied with the permit requirements and requires the claimant to demonstrate that compliance by submitting copies of the required permits or other documentation that demonstrate compliance to the board's satisfaction. This bill would authorize a claimant, who no longer has a copies of the required permits, to demonstrate compliance by certifying that the required permits had been obtained and by providing other relevant documents, including, but not limited to, approved permit applications, payment records for permit fees, and inspection reports. The bill would require the board to consider all available documents when determining compliance, including documents available from the applicable local agency. (4) 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 State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone or another opioid antagonist to first responders and at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct, as provided. This bill would require each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would exempt from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. The bill would exempt from civil or criminal liability a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.

The Confidentiality of Medical Information Act (CMIA) prohibits a provider of health care, a health care service plan, a contractor, or a corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. The CMIA makes a business that offers software or hardware to consumers, including a mobile application or other related device that is designed to maintain medical information in order to make the information available to an individual or a provider of health care at the request of the individual or a provider of health care, for purposes of allowing the individual to manage the individual's information or for the diagnosis, treatment, or management of a medical condition of the individual, a provider of health care subject to the requirements of the CMIA. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would revise the definition of "medical information" to include reproductive or sexual health application information, which the bill would define to mean information about a consumer's reproductive or sexual health collected by a reproductive or sexual health digital service, as specified. The bill would make a business that offers a reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual's information, or for the diagnosis, treatment, or management of a medical condition of the individual, a provider of health care subject to the requirements of the CMIA. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. This bill would incorporate additional changes to Section 56.05 of the Civil Code proposed by AB 1697 to be operative only if this bill and AB 1697 are enacted and this bill is enacted last. 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 authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to themselves or to another person in the near future by having custody or control of, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to themselves or to another. Existing law requires the court, when determining whether grounds for a gun violence restraining order exists, to consider evidence of, among other things, a recent threat of violence by the subject of the petition, and also authorizes the court to consider evidence of, among other things, recent acquisition of firearms, ammunition, or other deadly weapons by the subject of the petition. This bill would additionally authorize the court to consider evidence of acquisition of body armor when determining whether grounds for a gun violence restraining order exist.

(1) Existing law requires any person who manufactures more than 3 firearms in a year to be licensed by the state as a firearms manufacturer. Existing law prohibits any person from using a three-dimensional printer to manufacture a firearm unless that person is a state-licensed firearms manufacturer. Existing law prohibits any person from using a computer numerical control (CNC) milling machine to manufacture a firearm unless the person is a federally licensed manufacturer or importer. This bill would instead require anybody who uses a three-dimensional printer or CNC milling machine to manufacture a firearm to be a state-licensed manufacturer. (2) Existing law prohibits the sale, purchase, possession, or receipt of a CNC milling machine that has the sole or primary function of manufacturing firearms to or by anybody in the state other than a federally licensed manufacturer or importer. This bill would also prohibit the sale, purchase, possession, or receipt of a three-dimensional printer that has the sole or primary function of manufacturing firearms to or by any person in the state other than a state-licensed firearms manufacturer, as specified. (3) Existing law commencing on July 1, 2023, requires a firearm industry member, as defined, to take reasonable precautions to ensure that they do not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer who fails to establish reasonable controls or adhere to laws pertaining to unfair methods of competition, unfair or deceptive acts or practices, and false advertising, and prohibits a firearm industry member from manufacturing, marketing, importing, or offering for sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety, and also authorizes a person who has suffered harm, or the Attorney General, or city or county attorneys, to bring a civil action against a firearm industry member for an act or omission in violation of these requirements This bill would add three-dimensional printers and CNC milling machines, as specified, to the definition of firearm-related products. (4) The bill would additionally provide that a civil action may be brought against a person who distributes any code or digital instructions to a specified person for the manufacture of a firearm using a three-dimensional printer or CNC milling machine, or who violates specified provisions relating to the use, sale, marketing, advertising, transfer, possession, purchase, or receipt of a CNC milling machine or three-dimensional printer. The bill would specify that a person is strictly liable for any personal injury or property damage, as specified, caused by any firearm manufactured using the distributed code or manufactured by a CNC milling machine, three-dimensional printer, or similar machine. The bill would authorize the Attorney General, a county counsel, or a city attorney to bring an action seeking a civil penalty not to exceed $25,000 for each violation as well as injunctive relief. (5) The bill would declare its provisions to be severable. (6) By expanding existing crimes, this 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 prohibits a person who has been convicted of a felony offense or a specified misdemeanor domestic violence offense from possessing or receiving a firearm. Existing law prohibits a person who has been convicted of specified misdemeanor offenses within the previous 10 years from possessing or receiving a firearm. Existing law prohibits a person who has been taken into custody because that person is a danger to themselves or others, or has been certified for intensive treatment due to a mental disorder or mental illness, from possessing or receiving a firearm, as specified. Existing law prohibits a person who has been placed under conservatorship by a court, has been found mentally incompetent to stand trial, has been found not guilty of specified crimes due to reason of insanity, has been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender from possessing or receiving a firearm, as specified. A violation of any of the prohibitions is punishable as a crime. Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. This bill would, on July 1, 2024, authorize the prosecution to request an order from the court, as specified, to prohibit a defendant subject to pretrial diversion from owning or possessing a firearm because they are a danger to themselves or others until they successfully complete diversion or their firearm rights are restored, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 1412 to be operative only if this bill and AB 1412 are enacted and this bill is enacted last. 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.