Asm. Dawn Addis

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.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to implement and enforce standards for the maintenance and operation of facilities for the generation and storage of electricity owned by an electrical corporation or located in the state to ensure their reliable operation. This bill would require each battery energy storage facility located in the state and subject to the requirement described above to have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, as specified. The bill would require the owner or operator of the facility, in developing the plan, to coordinate with local emergency management agencies, unified program agencies, and local first response agencies. To the extent the bill would impose new duties on local government agencies, the bill would create a state-mandated local program. The bill would require the owner or operator of the facility to submit the plan to the county and, if applicable, the city where the facility is located. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) , in consultation with specified entities, to adopt a biennial integrated energy policy report containing certain information, including an overview of major energy trends and issues facing the state. This bill would require, as part of the 2025 edition of the integrated energy policy report, the Energy Commission, in consultation with the Public Utilities Commission (PUC) , to assess barriers to electricity interconnection and energization and provide recommendations on how to accelerate those processes, as appropriate. Existing law establishes the Voluntary Offshore Wind and Coastal Resources Protection Program that is administered by the Energy Commission for the purpose of supporting state activities that complement and are in furtherance of federal laws related to the development of offshore wind facilities and requires the program to award moneys to public and private entities through various mechanisms. Existing law authorizes the Energy Commission to allocate moneys under the program for various purposes. The bill would additionally authorize the Energy Commission to allocate moneys under the program for workforce development grants in consultation with the California Workforce Development Board. (2) Existing law requires the PUC to identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. Existing law requires the PUC to adopt a process for each electrical corporation, electric service provider, or community choice aggregator to file an integrated resource plan and a schedule for periodic updates to the plan, and to ensure that those entities meet other specified requirements. This bill would require that the portfolio of resources ensure a reliable electricity supply that also provides optimal integration of resource diversity in a cost-effective manner, as specified. The bill would require the PUC, on or before September 1, 2024, and consistent with a certain process and schedule, to determine if there is a need for the procurement of eligible energy resources, as described, would require the PUC to specify the eligible energy resources that should be procured to meet that need, and would authorize the PUC, within 6 months of making that determination, to request the Department of Water Resources to procure those specified resources that meet the portfolio of resources, as specified. The bill would authorize the department to procure those resources pursuant to that request only before January 1, 2035, as provided. The bill would authorize the PUC to order the procurement of resources with specific attributes by electrical corporations, electric service providers, and community choice aggregators as a result of the integrated resource planning process and require the PUC to enforce any resource procurement requirements on a nondiscriminatory basis. (3) Existing law prohibits an electrical corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the PUC a certificate that the present or future public convenience and necessity require or will require that construction. Under existing law, the extension, expansion, upgrade, or other modification of an existing electrical transmission facility, including transmission lines and substations, does not require a certificate that the present or future public convenience and necessity requires or will require its construction. This bill would require the PUC, in a proceeding evaluating the issuance of a certificate of public convenience and necessity for a proposed transmission project, to establish a rebuttable presumption with regard to need for the proposed transmission project in favor of an Independent System Operator governing board-approved need evaluation if specified requirements are satisfied. (4) Existing law requires each local publicly owned electric utility serving end-use customers to prudently plan for and procure resources that are adequate to meet its planning reserve margin and peak demand and operating reserves, sufficient to provide reliable electric service to its customers. This bill would authorize a local publicly owned electric utility to meet its minimum planning reserve margin through individual contractual procurement or through an aggregated or pooled portfolio of resources, as specified. (5) Existing law establishes the Department of Water Resources Electricity Supply Reliability Reserve Fund and continuously appropriates moneys in the fund to the department for purposes of (A) implementing projects, purchases, and contracts to carry out specified purposes, (B) constructing, owning, and operating, or contracting for the construction and operation of, contracting for the purchase of electricity from, or financing through loans, reimbursement agreements, or other contracts actions to secure resources for summer reliability or to preserve the option to extend the life of specified facilities, and (C) reimbursing electrical corporations for the value of imported energy or import capacity products that were delivered or capable of being delivered between July 1, 2022, and on or before October 31, 2023, and were procured at above-market costs or in excess of procurement authorizations set by the PUC and above the requirements needed to serve the electrical corporation's bundled customers in support of summer electric service reliability. This bill would require the PUC, on and before June 30, 2027, if the department determines that resources it procured through the Electricity Supply Strategic Reliability Reserve Program were used in a given month to meet a load-serving entity's identified reliability need, to annually assess a capacity payment on each load-serving entity that during that same month fails to meet its system resource adequacy requirements, as specified. The bill would require the Energy Commission, on or before January 31, 2024, in consultation with the PUC, to submit a report to the appropriate policy and budget committees of the Legislature that includes an assessment of whether each local publicly owned electric utility exceeded, met, or failed to meet its minimum planning reserve margin and specified system resource adequacy requirements. Upon the submission of that report, the bill would require the executive director of the Energy Commission, on and before June 30, 2027, if the department determines that resources it procured through the Electricity Supply Strategic Reliability Reserve Program were used in a given month to meet an identified reliability need, to annually assess a capacity payment on each local publicly owned electric utility in the Independent System Operator balancing area that during that same month fails to meet its minimum planning reserve margin, as specified. The bill would authorize the Energy Commission to adopt regulations for this purpose, as specified. The bill would establish the Load-Serving Entity Capacity Payment Account and the Local Publicly Owned Electric Utility Capacity Payment Account in the Department of Water Resources Electricity Supply Reliability Reserve Fund, and would specify that moneys in those accounts would, upon appropriation by the Legislature, be used for certain purposes. The bill would require capacity payments collected by the department from load-serving entities and local publicly owned electric utilities to be deposited into those 2 accounts, as provided. This bill would require the PUC, if the PUC requests the department to procure eligible energy resources and the department elects to conduct competitive solicitations or enter into contracts for eligible energy resources, to develop and adopt procedures and requirements that govern competitive procurement by, obligations on, and recovery of costs incurred by the department. The bill would require the department, in evaluating bids received through a solicitation to consider certain factors. The bill would require bids for the development of an eligible energy resource project to include the bidder's certification that certain labor requirements are met and that a skilled and trained workforce will be used to perform all construction work on the eligible energy resource project, as provided. The bill would, at the request of the department, authorize the PUC to require an electrical corporation to act as the agent for the department or to assist the department in conducting the solicitation, bid evaluation, or contract negotiation for new eligible energy resource procurement. The bill would authorize the department to establish a schedule and mechanism for a local publicly owned electric utility to voluntarily obtain from the department eligible energy resources to be acquired by the department through its central procurement function on a contract-by-contract basis. The bill would provide electrical corporations, electric service providers, and community choice aggregators with a voluntary option to obtain incremental eligible energy resources from the department, as provided. At the request of the department, the bill would authorize the PUC to order an electrical corporation to transmit or provide for the transmission of, and distribute all electricity made available by the department, and, as an agent of the department, to provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services and adequately secure payment to the department. The bill would establish the Eligible Energy Resource Central Procurement Fund and continuously appropriate moneys in the fund to the department for specified purposes. By establishing a continuously appropriated fund, the bill would make an appropriation. The bill would require that all moneys collected by electrical corporations, electric service providers, community choice aggregators, and local publicly owned electric utilities and remitted to the department for eligible energy resources, and all moneys paid directly or indirectly to or for the account of the department for any sale, exchange, transfer, or disposition of those resources, be deposited into the fund. The bill would authorize the department, upon determining that it is necessary or desirable to issue bonds to support activities for the procurement of eligible energy resources, to issue bonds for purposes of, among other things, financing the procurement of those resources supporting the fund and other related expenses incurred by the department, as specified. The bill would authorize the department to adopt regulations for purposes of administering these provisions. (6) This bill would provide that, upon appropriation by the Legislature, the sum of no less than $6,000,000 from the General Fund is available in the 2024–25 fiscal year to support comprehensive, regional baseline environmental monitoring and research into the impacts of prospective offshore wind energy development in and around regions in which offshore wind energy areas have been leased by the Bureau of Ocean Energy Management of the United States Department of the Interior, pending future legislation. The bill would provide that, upon appropriation by the Legislature, additional moneys from the General Fund will be made available for the 2024–25 fiscal year and subsequent fiscal years to support the California Coastal Commission's coastal development permitting of prospective offshore wind energy development in and around regions in which offshore wind energy areas have been leased by the bureau, pending future legislation. The bill would state the intent of the Legislature to appropriate additional resources for environmental permitting and related needs across applicable state entities upon the submission and review of a specified assessment. (7) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because certain of the above provisions would be part of the act and a violation of a PUC 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. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law, known as tied-house restrictions, generally prohibits specified licensees, or their officers, directors, or agents, from giving or lending money or a thing of value to a person operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold. In this regard, existing law specifically prohibits paying a retailer for advertising. Existing law creates a variety of exceptions to this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, agent or major tenant of the owner, or assignee of the owner's advertising rights of certain venues, subject to specified conditions. Existing law requires the purchase of advertising space or time, in this context, to be conducted pursuant to a written contract and, in certain instances, specifically authorizes a contract to be made with the owner, a long-term tenant of the complex, or a licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. In this context, existing law makes certain acts of coercion crimes, including when an on-sale licensee coerces other specified licensees to purchase advertising space or time. This bill would expand the above-described exception to tied-house restrictions that allows for the purchase of advertising by applying it to various facilities that are situated on California State University campuses located in the Counties of San Luis Obispo, Fresno, Sacramento, Monterey, Orange, Santa Clara, and Los Angeles, and on the campus of St. Mary's College of California located in the County of Contra Costa. The bill would additionally expand the exception applicable to a motorsports entertainment complex located in the County of San Bernardino, by reducing the minimum fixed seating capacity from 50,000 to 25,000. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for California State University campuses located in the Counties of San Luis Obispo, Fresno, Sacramento, Monterey, Orange, Santa Clara, and Los Angeles, the campus of St. Mary's College of California located in the County of Contra Costa, and certain facilities located in the County of San Bernardino. This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by SB 392 to be operative only if this bill and SB 392 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 establishes the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English. Existing law requires the State Seal of Biliteracy to be awarded by the Superintendent of Public Instruction to a pupil who completes all English language arts requirements for graduation with an overall grade point average of 2.0 or above in those classes, passes the California Assessment of Student Performance and Progress for English language arts, as provided, and demonstrates proficiency in one or more languages other than English through at least one method, as specified. This bill would change the criteria needed to be met by a pupil to be awarded the State Seal of Biliteracy by requiring the pupil to both demonstrate proficiency in English by meeting one of 4 specified requirements and demonstrate proficiency in one or more languages other than English by meeting one of 3 specified requirements. Existing law requires the State Seal of Biliteracy to be awarded to a pupil whose primary language is other than English if the pupil meets the above-specified requirements and additionally attains a level demonstrating English language proficiency on the English Language Proficiency Assessments for California, as provided. The bill would instead require a pupil who is an English learner to achieve an Oral Language composite score of level 4 on the English Language Proficiency Assessments for California rather than attain a level demonstrating English language proficiency on those assessments to be awarded the State Seal of Biliteracy.

Existing law requires the State Energy Resources Conservation and Development Commission, in coordination with relevant federal, state, and local agencies, to develop a strategic plan for offshore wind energy developments installed off the California coast in federal waters, and requires the commission to submit the strategic plan to the Natural Resources Agency and the Legislature on or before June 30, 2023. Existing law requires the commission, on or before June 1, 2022, to evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and to establish megawatt offshore wind planning goals for 2030 and 2045. Existing law requires the commission, in coordination with specified state entities, to work with stakeholders, other state, local, and federal agencies, and the offshore wind energy industry to identify suitable sea space for wind energy areas in federal waters sufficient to accommodate those offshore wind planning goals. Existing law requires the commission, in coordination with relevant state and local agencies, based on those identified sea spaces, to develop a plan to improve waterfront facilities that could support a range of floating offshore wind energy development activities. Existing law requires the commission, in consultation with specified state entities, to assess the transmission investments and upgrades necessary to support those offshore wind planning goals. Existing law requires the commission to develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for offshore wind energy facilities and associated electricity and transmission infrastructure off the coast of California. Existing law repeals these provisions on January 1, 2027. This bill would require the commission, in consultation with the State Lands Commission, other specified state entities, and the California Coastal Commission, to develop a 2nd-phase plan and strategy for seaport readiness that builds upon the recommendations and alternatives in the strategic plan for offshore wind energy developments, as specified. The bill would require the commission to submit a report on its recommendations for a seaport readiness strategy to the Governor and the Legislature on or before December 31, 2026. The bill would additionally require the commission, in consultation with the California Workforce Development Board, to conduct a study on the feasibility of achieving 50% and 65% in-state assembly and manufacturing of offshore wind energy projects and specified federal domestic content thresholds for offshore wind energy projects, as provided. The bill would require the commission to submit a report on the study to the Governor and the Legislature on or before December 31, 2027. The bill would repeal these provisions, including the existing law provisions described above, on January 1, 2031.

(1) Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells, as provided. Existing law requires an action for civil penalties or punitive damages authorized pursuant to specified environmental protection laws to be commenced within 5 years after discovery by the agency bringing the action, as provided. This bill would make that statute of limitations applicable to the oil and gas laws, as provided. (2) Existing law requires the supervisor to order tests and remedial work that in the supervisor's judgment are necessary to prevent damage to life, health, property, and natural resources and for other specified reasons. A person who violates, fails, neglects, or refuses to comply with any of the oil and gas laws is guilty of a crime. This bill would provide that, in addition to any cessation requirements or other limitations contained in applicable regulations or conditions of approval, an order to undertake remedial work issued pursuant to this requirement may include an order to cease and desist specified activities that threaten to damage life, health, property, and natural resources or that violate the requirements relating to oil and gas or a regulation implementing these requirements. The bill would also authorize the supervisor, after making a determination, based upon a site inspection, that a well poses a risk to life, health, property, or natural resources, to order an operator, owner, or property owner to secure a site, based on a site inspection, if certain conditions apply. The order would be appealable. The bill would make an operator, owner, or property owner who fails to comply subject to a civil penalty of not more than $25,000. By expanding the scope of crimes, the bill would impose a state-mandated local program. (3) Existing law makes it a crime for an owner or operator, or an employee thereof, to refuse to permit the supervisor or the district deputy, or that person's inspector, to inspect a well, or willfully hinder or delay the enforcement of the requirements relating to oil and gas. Existing law makes every person who violates, fails, neglects, or refuses to comply with specified laws relating to oil and gas, who fails, neglects, or refuses to furnish any report or record which may be required pursuant to these laws, or who willfully renders a false or fraudulent report, guilty of a misdemeanor, and subject to punishment by a fine of not less than $100, nor more than $1,000, or by imprisonment for not exceeding 6 months, or by both that fine and imprisonment, for each offense. Existing law establishes the Oil, Gas, and Geothermal Administrative Fund in the State Treasury for specified purposes, subject to appropriation by the Legislature, except as provided. Existing law also establishes, and requires the division to administer and manage, the Oil and Gas Environmental Remediation Account in the Oil, Gas, and Geothermal Administrative Fund. Existing law requires moneys in the account to be used, upon appropriation by the Legislature, for specified purposes. This bill would increase the fines for committing the acts described above to a minimum of $500 and not more than $5,000. In addition, the bill would specifically authorize the supervisor to refer violations of the oil and gas laws to a public prosecutor, as defined, or the Attorney General for prosecution. The bill would also require a person found liable for one of specified civil penalties to also pay a penalty in an amount equal to the cost to plug and abandon any well associated with the violation in an amount determined by the supervisor using any reasonable method, as provided. The bill would require the penalties collected pursuant to these provisions to be deposited in the Oil and Gas Environmental Remediation Account. (4) Existing law authorizes the supervisor to impose specified civil penalties on a person who violates a legal requirement regarding the operation of an oil and gas well or production facility, which is in addition to any other penalty provided by law for the violation. This bill would specify that the civil penalty imposed by the supervisor is an administrative civil penalty. The bill would also impose a civil penalty of not more than $50,000 for each separate violation of an oil and gas law or regulation, as specified, and each violation of an order issued pursuant to the oil and gas laws, or not more than $25,000 for each separate violation, or, for continuing violations, for each day that violation continues, if the person accused of the violation alleges by affirmative defense and establishes by a preponderance of the evidence that specified circumstances apply. The bill would impose a civil penalty not to exceed $70,000 for intentionally or negligently violating a provision of oil and gas laws, or a permit, rule, regulation, standard, or requirement issued or promulgated pursuant to those laws. The bill would authorize specified actions brought pursuant to the oil and gas laws to be commenced by a public prosecutor, the Attorney General, or an attorney for the division or the department. The bill would require 50% of the civil penalties collected be paid to the agency or office prosecuting the action and 50% be deposited in the Oil and Gas Environmental Remediation Account. The bill would specify that the violator is only subject to either the administrative civil penalty imposed by the supervisor or the civil penalty imposed by the court, and not to both penalties. The bill would authorize the supervisor to recover from the owner or operator all prosecution and enforcement costs incurred by the division arising from the administration and enforcement of those requirements and would require moneys recovered to be deposited into the Oil and Gas Environmental Remediation Account. The bill would also authorize the supervisor to apply to the superior court for an order enjoining acts or practices that violate the oil and gas laws, or violate a regulation, condition of approval, order, or other requirement issued, promulgated, or executed under those laws, as provided. The bill would also authorize a public prosecutor or the Attorney General to apply for that injunctive order. (5) 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, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Under existing law, violations of the act are punishable by civil penalties, as specified, and primary enforcement of the act is the responsibility of the State Department of Public Health. Existing law prohibits a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. Under existing law, a violation of this prohibition is punishable as an infraction. This bill would provide for the enforcement of these provisions in a manner similar to the STAKE Act, and, instead of an infraction, make the provisions of the flavored tobacco ban punishable by civil penalties in the same manner as the STAKE Act, as specified.

Existing law, the Ralph C. Dills Act (Dills Act) , governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. This bill would enact the Legislature Employer-Employee Relations Act, to provide employees of the Legislature, except certain specified categories of excluded employees, the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. For the purposes of bargaining or meeting and conferring in good faith, the bill would define "employer" to mean the Assembly Committee on Rules or the Senate Committee on Rules. The bill would require the employer to meet and confer with representatives of recognized employee organizations regarding matters within the scope of representation. The bill would exclude certain matters from the scope of representation, as specified. The bill would grant exclusive jurisdiction to the Public Employment Relations Board to make an initial determination as to whether charges of unfair practices are justified, and, if so, the necessary remedy, as specified. However, the bill would prohibit the board from issuing a decision or order that intrudes upon or interferes with the Legislature's core function of efficient and effective lawmaking or the essential operation of the Legislature. The bill would require the board to determine appropriate bargaining units, and would prohibit the board from including employees in a bargaining unit that includes employees other than those of the employer. The bill would prohibit the board from including within a bargaining unit employees from both the Assembly and Senate. This bill would make it a misdemeanor for any person to willfully resist, prevent, impede, or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to its provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would provide that the provisions of the Legislature Employer-Employee Relations Act are severable. The bill would become operative on July 1, 2026. 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. This bill would additionally exempt from public inspection records related to activities governed by the Legislature Employer-Employee Relations Act that reveal the employer's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under the Legislature Employer-Employee Relations Act. 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.

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.