Asm. Cecilia Aguiar-Curry

(1) Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use, as prescribed. Existing law defines "sensitive personal information" to mean, among other things, personal information that reveals a consumer's precise geolocation. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would prohibit a covered entity from collecting or processing the location information of an individual unless doing so is necessary to provide goods or services requested by that individual. The bill would impose various other restrictions on covered entities with regard to location information. The bill would define various terms for purposes of these provisions, including "location information" to mean information that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device, as specified. This bill would require a covered entity to prominently display, at the point where location information is being captured, a notice to individuals stating that their location information is being collected, the name of the covered entity and service provider collecting the information, and a phone number and an internet website where the individual can obtain more information. The bill would require a covered entity to maintain and make available to the data subject a location privacy policy that includes specified information on data usage and management and is subject to a specified notice procedure. This bill would make a covered entity that violates these provisions liable for actual or statutory damages and other specified relief. The bill would authorize the Attorney General or other public prosecutors to bring an action to recover a civil penalty against a covered entity that violates these provisions. This bill would require a business, as defined by the CCPA, to comply with the above-described provisions. (2) Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to agencies, as defined, with regard to their collection, storage, and disclosure of personal information, as defined. This bill would prohibit a state or local agency, including an agency as defined under the Information Practices Act, from monetizing, as defined, location information. By imposing new requirements on local agencies, this bill would impose a state-mandated local program. (3) 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. (4) The California Consumer Privacy Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.

The Cannella Environmental Farming Act of 1995 requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act also requires the department to establish the Healthy Soils Program and a technical assistance grant program, as specified. This bill would require the department, as part of the Cannella Environmental Farming Act of 1995, to establish and oversee the Organic Transition Program on or before July 1, 2026. The bill would require the department, under the program, to award grants to eligible organizations to provide incentives to farmers and ranchers to transition land to certified organic production, as specified, and to make available 25% of moneys appropriated to the department for the program to support certain activities at organic technical assistance provider organizations. The bill would also authorize the department to provide funding for the preparation and implementation of conservation management plans for organic transition

Existing law, the California Residential Care Facilities for the Elderly Act, requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly (RCFEs) , as defined, and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. This bill would require each RCFE to calculate a direct care ratio, as defined, and maintain records of its direct care ratios for a minimum of 12 months. The bill would require RCFEs to disclose its direct care ratios to residents or to the resident's representatives upon admission and any time there is a rate increase, as specified. The bill would require these disclosures to be provided in writing and signed by the resident, the resident's representative, or the licensee or an employee of the licensee, as specified, to confirm receipt. The bill would require copies of the signed disclosure to be provided to the resident or the resident's representative. The bill would require each RCFE to make its direct care ratios available to the public by specified means, including, among others, by posting the daily direct care ratio on the facility's internet website. The bill would require the RCFE's internet website and any literature or internet website used to advertise the RCFE and the level of care provided by that facility to include a statement that direct care ratios are calculated on a daily basis, that direct care ratios are available to the public upon request for any given day within the prior 12 months, and that direct care ratios are required to be disclosed to residents or their representatives at the points of time described above. The bill would require each RCFE to post the daily direct care ratio in locations visible to all residents, including, but not limited to, the lunchroom or lobby of the facility. By expanding the definition of an existing crime, 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, the Water Rights Permitting Reform Act of 1988, authorizes any person to obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use, as defined, upon registering the use with the State Water Resources Control Board, as prescribed, payment of a registration fee, and application of the water to reasonable and beneficial use with due diligence. Existing law requires a person, in registering their water use to the board, to set forth a certification that the registrant has contacted the Department of Fish and Wildlife and to include a copy of any conditions required by the department. This bill would authorize any person to also obtain a right to appropriate water for a small restoration use, as defined. The bill would also authorize a person to apply for a restoration management permit from the Department of Fish and Wildlife, as provided, and if the permit is issued, the person would be required to include a copy of any conditions required by the restoration management permit with the required certification. Existing law exempts certain stream segments subject to certain minimum streamflow requirements from the provisions of the act upon proper registration. This bill, if the Director of Fish and Wildlife establishes proposed streamflow requirements for a stream segment, as specified, would instead prohibit the authorization of a registration for that stream segment until the board establishes instream flow requirements as a part of the general conditions applicable to that stream segment. The bill would require that the establishment of those instream flow requirements be done after the board considers the proposed streamflow requirements, if proposed by the director.

Existing law requires the Chair of the California Transportation Commission to create a Road Usage Charge Technical Advisory Committee in consultation with the Secretary of Transportation to guide the development and evaluation of a pilot program assessing the potential for mileage-based revenue collection as an alternative to the gas tax system. Existing law additionally requires the Transportation Agency, in consultation with the commission, to implement the pilot program, as specified. Existing law repeals these provisions on January 1, 2027. This bill would require the commission, in consultation with the Transportation Agency, to consolidate and prepare research and recommendations related to a road user charge or a mileage-based fee system. The bill would require the commission to submit a report, as specified, on the research and recommendations described above to the appropriate policy and fiscal committees of the Legislature by no later than January 1, 2027. The bill would require the commission to consult with appropriate state agencies and other stakeholders, as specified, in preparing the research and recommendations and report described above.

Existing law requires, upon an Indian tribe's request, the State Department of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, and requires the department to negotiate in good faith with the Indian tribe, organization, or consortium in the state that requests development of an agreement with the state to administer all or part of the programs under Title IV-E of the Social Security Act on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. Existing law makes an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement eligible to receive allocations of child welfare services funds, in accordance with the agreement. Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the department to have oversight of the program. Existing law authorizes a county or Indian tribe, consortium of tribes, or tribal organization that has entered into the above-described agreement with the state that elects to provide prevention services to provide those services for certain individuals for a certain period. This bill would provide that agreements between the department and a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings include agreements that prevent entry into foster care, and would authorize such an agreement to be made for the sole purpose of the administration of prevention programs under the Family First Prevention Services program. The bill would also, subject to an appropriation for these purposes, require the department to provide funding to tribes, tribal organizations, or tribal consortiums to support the cost of independent legal representation provided by an attorney for a child and the child's parent, guardian, and Indian custodian pursuant to an agreement under the above-described provisions. The bill would require the department, by March 31, 2026, and in consultation with Indian tribes, to develop a cost allocation plan to allow specified funds to support the costs of independent legal representation.

Existing law, the California Farmland Conservancy Program Act, establishes within the Department of Conservation the California Farmland Conservancy Program. Existing law authorizes the program to offer financial assistance, including grants or contracts, for projects and activities on agricultural lands, as defined, that support agricultural conservation and sustainable land management. This bill would require the department, in collaboration with the California Agricultural Land Equity Task Force, to establish the Farmland Access and Conservation for Thriving Communities Program in the department to provide financial and technical assistance to support agricultural land acquisition and protection. The bill would require the department, subject to specified requirements, to provide financial assistance under the program to qualified entities for the purpose of acquiring agricultural lands to transfer or provide long-term leases to qualified farmer participants, as specified. The bill would establish the Farmland Access Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, to the department for program expenditures. The bill would authorize the department to contract with one or more nonprofit organizations to administer the program. The bill would make the operation of the program contingent upon the Legislature making an appropriation for purposes of the program.

(1) Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and requires the board to adopt and administer standards for the continuing education of those licensees. Existing law requires the board, in determining its continuing education requirements, to consider including a course in menopausal mental or physical health. This bill would delete that requirement of the board. The bill would require, beginning July 1, 2026, and until July 1, 2032, a qualifying physician and surgeon, as defined, who completes continuing medical education courses in perimenopause, menopause, and postmenopausal care to receive 2 hours of credit for each hour completed of that coursework, as specified. Existing law, the Osteopathic Act, provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and requires the board to adopt and administer standards for the continuing education of those licensees. This bill would require osteopathic physicians and surgeons to receive the same credit as described above for completed coursework relating to perimenopause, menopause, and postmenopausal care. (2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law sets forth specified coverage requirements for health care service plan contracts and health insurance policies. This bill would require a health care service plan contract or health insurance policy that covers outpatient prescription drugs, except as specified, that is issued, amended, or renewed on or after January 1, 2026, to include coverage for evaluation and treatment options for symptoms of perimenopause and menopause. The bill would require a health care service plan or health insurer to annually provide clinical care recommendations, as specified, for hormone therapy to all contracted primary care providers who treat individuals with perimenopause and menopause. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. (3) 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.

Maddy summaryThis bill establishes January as National Human Trafficking Awareness Month in California to raise public awareness about human trafficking. The resolution recognizes the severity of human trafficking as a felony crime and highlights statistics showing its prevalence across the country and specific challenges with identifying male victims and labor trafficking cases. It aims to educate the public and encourage reporting and support for victims during this designated month.

Existing law revives certain claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff's 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Existing law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023, or, if not filed by that date, to be commenced between January 1, 2023, and December 31, 2023. Existing law revives such claims brought by a plaintiff who alleges all of the following: (1) the plaintiff was sexually assaulted, (2) one or more entities are legally responsible for damages arising out of the assault, and (3) the entity or entities engaged in a cover up or attempted cover up, as defined, of a previous instance or allegations of sexual assault. This bill would extend the eligibility period for revival of claims of the type described above to include claims that would otherwise be barred prior to January 1, 2026, because the applicable statute of limitations has or had expired. The bill would instead require a revived claim against an entity, as defined, to allege that the plaintiff was sexually assaulted and that (1) one or more entities or persons are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff, and (2) an entity or entities, including their specified representatives, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator. The bill would additionally revive a claim against the person who committed the sexual assault brought by a plaintiff who alleges, among other things, that one or more entities or persons are legally responsible for damages arising out of the sexual assault. The bill would specify that failure to allege a cover up as to one entity does not affect revival of a claim or claims against any other entity or person, including the perpetrator. The bill would permit a cause of action for any such claim to proceed if already pending in court on the effective date of the bill or, if not filed by that date, to be commenced between January 1, 2026, and December 31, 2027. The bill would exempt public entities from these provisions and would provide that public entities are not required to indemnify perpetrators of sexual assault, as specified. The bill would make conforming changes.