Asm. Jesse Gabriel

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law, for award cycles commenced after July 1, 2021, awards a city, county, or city and county that has adopted a housing element determined by the department to be in substantial compliance with specified provisions of the Planning and Zoning Law and that has been designated by the department as prohousing based upon their adoption of prohousing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to regulations adopted by the department, as provided. Existing law defines "prohousing local policies" as policies that facilitate the planning, approval, or construction of housing, including, but not limited to, local financial incentives for housing, reduced parking requirements for sites that are zoned for residential development, and the adoption of zoning allowing for use by right for residential and mixed-use development. This bill would add the facilitation of the conversion or redevelopment of commercial properties into housing, including the adoption of adaptive reuse, as defined, ordinances or other mechanisms that reduce barriers for these conversions, to the list of specified prohousing local policies. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. This bill would require the Department of Housing and Community Development to convene a working group no later than December 31, 2024, to identify challenges to, and opportunities that help support, the creation and promotion of adaptive reuse residential projects, as specified, including identifying and recommending amendments to state building standards. The bill would require the Department of Housing and Community Development to report its findings to the Legislature no later than December 31, 2025. The bill would require, if the report identifies and recommends amendments to building standards, that the Department of Housing and Community Development and the other state agencies in the working group research, develop, and consider proposing adaptive reuse building standards for adoption by the California Building Standards Commission, as specified. This bill would incorporate additional changes to Section 65589.9 of the Government Code proposed by SB 341 to be operative only if this bill and SB 341 are enacted and this bill is enacted last.

Existing law, the Veterans Housing and Homeless Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (referred to collectively as "the departments") to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires the departments to establish and implement programs that, among other things, ensure projects combine housing and supportive services. Existing law requires the departments to ensure at least 50% of funds awarded for capital development are used to provide housing to veterans with extremely low incomes, and requires that at least 60% of units funded targeting extremely low income households are supportive housing. This bill would authorize an entity tasked with making referrals of units targeted to extremely low income households to submit a petition to the departments requesting authority to lease the qualified unit to a secondary tenant, as defined, if a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit with 60 days of the unit becoming available. The bill would require a qualified unit that is leased to a secondary tenant to be redesignated to an area median income level commensurate with the income level of the secondary tenant and would require the secondary tenant to pay rent commensurate with their household income's percentage of the area medium income. The bill would, 12 months after a petition is approved, require the next available comparable unit to be rented to a qualified tenant at 30% of the median income. The bill would require a qualified entity tasked with making referrals to these units to make a good faith effort to match a tenant with an extremely low income before submitting a petition, document these good faith efforts, submit this documentation as a part of the petition, and make this documentation available to the housing sponsor and, upon request, to the departments. The bill would prohibit the departments from approving a petition if it would result in changes that may impact the project's regulatory agreement, as specified. The bill would require the departments to create a standardized form for the submission of petitions described above. The bill would require the departments, upon receipt of a petition, to (1) review the petition and decide if the qualified unit is eligible to accept secondary tenants under all applicable guidelines, rules, and regulations, and (2) provide a written determination approving or denying the petition no later than 30 days after receipt of the petition. Existing law establishes the California Tax Credit Allocation Committee, composed of specified members, and requires that the California Tax Credit Allocation Committee, among other things, allocate specified federal low-income housing tax credits, as provided. This bill, for purposes of supportive housing units that are restricted to extremely low income veterans pursuant to a regulatory agreement with the committee, would authorize an entity tasked with making referrals of those units targeted to extremely low income households to match prospective secondary tenants with incomes at or below 60% of the area median income that are receiving income as a result of service-connected disability benefits if a qualified tenant is unable to be matched to and accept placement in an available unit within 28 days of the unit becoming available. If a secondary tenant is unable to be matched to and accept placement in an available unit within 14 days, the bill would authorize the entity to match a veteran experiencing homelessness with an income at or below 60% of the area median income, regardless of the source of the income, in an available unit. The bill would require a qualified unit that is leased to a secondary tenant or other veteran experiencing homelessness pursuant to these provisions to be redesignated to an area median income level commensurate with the income level of the tenant and would require the tenant to pay rent commensurate with their household income's percentage of the area medium income. The bill, 12 months after a secondary tenant or other tenant who is a veteran experiencing homelessness has been placed, would require the next available comparable unit to be rented to a qualified tenant at 30% of the median income. The bill would require a qualified entity tasked with making referrals to these units to make a good faith effort to match a tenant with an extremely low income, document these good faith efforts, and make this documentation available to the housing sponsor and, upon request, to the departments.

The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, including the right to request that a business disclose specified information that has been collected about the consumer, to request that a business delete personal information about the consumer that the business has collected from the consumer, and to direct a business not to sell or share the consumer's personal information, as specified. The CCPA defines various terms for these purposes. The California Privacy Rights Act of 2020 (CPRA) , approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA. Existing law requires a data broker to register with the Attorney General, pay a registration fee, and provide specified information on or before January 31 following each year in which a business meets the definition of data broker. Existing law defines various terms for these purposes. Existing law establishes the Data Brokers' Registry Fund and requires that these registration fees be deposited into the fund, to be available for expenditure by the Department of Justice, upon appropriation, for specified purposes. Existing law provides that a data broker that fails to register as required by these provisions is liable for civil penalties, fees, and costs in an action brought by the Attorney General, as specified, and requires these moneys be deposited in the Consumer Privacy Fund with the intent that they be used to fully offset costs incurred in connection with these provisions. Existing law requires the Attorney General to create and maintain an internet website where specified information provided by data brokers is accessible to the public. This bill would incorporate the definitions from the CCPA into the data broker provisions described above. The bill would require a data broker to register with, pay a registration fee to, and provide information to, the agency instead of the Attorney General and would require the agency to maintain the informational internet website described above. The bill would require a data broker to compile and disclose specified information relating to requests received under the CCPA. The bill would also require, on or before July 1 following each year in which a business meets the definition of a data broker, that business to provide specified information described above and make related changes. The bill would make a data broker that fails to register as required by the provisions described above liable for administrative fines and costs in an administrative action brought by the agency, as specified, instead of in an action brought by the Attorney General. This bill would require the agency to establish, by January 1, 2026, an accessible deletion mechanism that, among other things, allows a consumer, through a single verifiable consumer request, to request that every data broker that maintains any personal information delete any personal information related to that consumer held by the data broker or associated service provider or contractor. The bill would specify requirements for this accessible deletion mechanism, and would, beginning August 1, 2026, require a data broker to access the mechanism at least once every 45 days and, among other things, process all deletion requests, except as specified. Beginning August 1, 2026, after a consumer has submitted a deletion request and a data broker has deleted the consumer's data pursuant to the bill's provisions, the bill would require the data broker to delete all personal information of the consumer at least once every 45 days, as specified, and would prohibit the data broker from selling or sharing new personal information of the consumer, as specified. The bill would, beginning January 1, 2028, and every 3 years thereafter, require a data broker to undergo an audit by an independent third party to determine compliance with these provisions and would require the data broker to submit an audit report to the agency upon the agency's written request, as specified. The bill would authorize the agency to charge a fee to data brokers for accessing the accessible deletion mechanism, as specified. This bill would provide that a data broker that fails to comply with the requirements pertaining to the accessible deletion mechanism described above is liable for administrative fines, fees, expenses, and costs, as specified. The bill would require that moneys collected or received by the agency and the Department of Justice under these provisions be deposited in the Data Brokers' Registry Fund, which the bill would require to be administered by the agency, instead of the Consumer Privacy Fund and would expand the specified uses of moneys in the Data Brokers' Registry Fund to include the costs incurred by the state courts and the agency in connection with enforcing these provisions and the costs of establishing, maintaining, and providing access to the accessible deletion mechanism described above. This bill would require a data broker to provide additional information to the agency, including information related to requests received under the CCPA, whether the data broker collects specified information, and specified information regarding an audit under the provisions described above. This bill would prohibit an administrative action pursuant to these provisions from being commenced more than 5 years after the date on which a violation occurred. This bill would declare that it furthers the purposes and intent of the CPRA for specified reasons.

The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use of the consumer's sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform certain other services, and as authorized by certain regulations. The CCPA defines "sensitive personal information to mean personal information that reveals, among other things, a consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership. 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 define "sensitive personal information" for purposes of the CCPA to additionally include personal information that reveals a consumer's citizenship or immigration status. The California Privacy Rights 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.

(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2024, and repeals them as of that date. This bill, instead, would make those provisions operative only until July 1, 2026, repeal those provisions on that date, and make conforming changes. (2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative on January 1, 2022, and repeals them on July 1, 2024. This bill, instead, would make those provisions operative only until July 1, 2026, and repeal them on that date. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program. (3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, for a period of one year after the end of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic, or until January 1, 2024, whichever occurs first, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service in relation to the COVID-19 public response, this bill, instead, would make those provisions operative only until July 1, 2026. (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 establishes the California State Nonprofit Security Grant Program under the administration of the Director of Emergency Services to provide grant funding to improve the physical security of nonprofit organizations that are at high risk of violent attacks or hate crimes due to ideology, beliefs, or mission. Existing law authorizes applicants to use grant funds for prescribed security enhancements, including security training. Existing law makes the operation of the program contingent upon an appropriation in the annual Budget Act. This bill would require the grant program to provide the grants to nonprofit organizations and would authorize the grant program to provide grants to an applicant that provides support to the above-described at-risk nonprofit organizations for vulnerability assessments, security trainings, mass notification alert systems, monitoring and response systems, and lifesaving emergency equipment. The bill would prohibit the director from taking into account during the evaluation of an application the applicant's prior history with or receipt of grant funding to improve its physical security. The bill would require the director, when evaluating applications, to consider whether an applicant is more likely to be a target of hate-motivated violence. Existing law requires the Office of Emergency Services to provide ongoing technical assistance for nonprofit organizations that require a vulnerability assessment for a state application to the California State Nonprofit Security Grant Program or a threat assessment for a federal application to the Nonprofit Security Grant Program of the United States Department of Homeland Security. This bill would require that the above-described technical assistance include a resource page on the office's internet website, as specified, and continuous outreach to stakeholders on available resources for vulnerability assessments outside the established grant cycle.

Existing law, in a civil action brought by, on behalf of, or for the benefit of a minor, or nonminor dependent, against a person who engaged in an act of commercial sexual exploitation, as defined, of a minor or nonminor dependent, authorizes the trier of fact to either impose a fine, civil penalty, or other penalty, or other remedy in an amount up to 3 times greater than authorized by the statute or to award a civil penalty not exceeding $50,000 and not less than $10,000 for each act of commercial sexual exploitation committed by the defendant if the tier of fact makes an affirmative finding regarding certain factors, including whether the defendant's conduct was directed to more than one minor or nonminor dependent, as prescribed. This bill would, beginning January 1, 2025, prohibit a social media platform, as defined, from knowingly facilitating, aiding, or abetting commercial sexual exploitation, as specified. The bill would require a court to award statutory damages not exceeding $4,000,000 and not less than $1,000,000 for each act of commercial sexual exploitation facilitated, aided, or abetted by the social media platform. The bill would define "facilitate, aid, or abet" to mean to deploy a system, design, feature, or affordance that is a substantial factor in causing minor users to be victims of commercial sexual exploitation. The bill would prohibit a social media platform from being deemed to be in violation of this provision if it demonstrates certain mitigating facts, including that the social media platform instituted and maintained a program of at least biannual audits of its designs, algorithms, practices, affordances, and features to detect designs, algorithms, practices, affordances, or features that have the potential to cause or contribute to violations of that provision, as prescribed. Existing law, the California Consumer Privacy Act of 2018, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. This bill would, beginning January 1, 2025, require a social media platform to, among other things, provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes meets certain criteria, including that the reported material is child sexual abuse material, as defined, in which the reporting user is an identifiable minor depicted in the reported material. This bill would, beginning January 1, 2025, require the social media platform to permanently block the instance of reported material and make reasonable efforts to remove and block other instances of the same reported material from being viewable on the social media platform, as prescribed, if there is a reasonable basis to believe that the reported material is child sexual abuse material that is displayed, stored, or hosted on the social media platform, and the report contains basic identifying information, as specified, sufficient to permit the social media platform to locate the reported material. The bill would make a violator of those provisions liable to the reporting user, including for statutory damages of no more than $250,000 per violation, $125,000 per violation, or $75,000 per violation, as specified.

Existing law establishes the New Motor Vehicle Board in the Department of Motor Vehicles, and requires the board to hear and decide certain protests presented by a motor vehicle franchisee in regard to a dispute with the vehicle manufacturer. Existing law prohibits a franchisor from engaging in specified proscribed business practices. A violation of the Vehicle Code is punishable as an infraction. This bill would prohibit additional acts, including allocating vehicles and parts inconsistent with specified standards. Existing law prohibits a licensed manufacturer, manufacturer branch, distributor, distributor branch, or affiliate from engaging in specified proscribed business practices, including establishing or maintaining a performance standard, sales objective, or program for measuring a dealer's sales, service, or customer service performance, unless specified requirements are satisfied. A violation of the Vehicle Code is punishable as an infraction. This bill would prohibit additional acts, including exercising a right of first refusal in bad faith and implementing or modifying a vehicle reservation system for the sale or lease of motor vehicles that does not comply with specified requirements. This bill would additionally provide that a licensed manufacturer, manufacturer branch, distributor, distributor branch, or affiliate is not unlawfully competing with a franchise by providing an update or repair of motor vehicle software over-the-air at no cost or by creating a new line of motor vehicles and using new or existing franchisees to sell and service those vehicles. The bill would also declare the severability of its provisions. Because a violation of these new provisions would be punishable as a crime, the bill would impose a state-mandated local program. The bill includes legislative findings and declarations and would make other conforming changes. 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 provides for the regulation of the safety of food products, including adulterated and misbranded food, wholesale food, and food in retail food facilities. This bill, commencing January 1, 2027, would prohibit a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale, in commerce a food product for human consumption that contains any specified substance, including, among others, brominated vegetable oil and red dye 3. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. This bill would require a business entity that is marketing or selling voluntary carbon offsets, as defined, within the state to disclose on the business entity's internet website specified information about the applicable carbon offset project and details regarding accountability measures if a project is not completed or does not meet the projected emissions reductions or removal benefits, as provided. The bill would also require an entity that purchases or uses voluntary carbon offsets that makes claims regarding the achievement of net zero emissions or other, similar claims, as specified, to disclose on the entity's internet website specified information. The bill would require an entity that makes these claims to disclose on the entity's internet website all information documenting how, if at all, a claim was determined to be accurate or actually accomplished, how interim progress toward that goal is being measured, and whether there is independent third-party verification of the company data and claims listed. The bill would make a person who violates these provisions subject to a civil penalty of not more than $2,500 per day, as specified, for each violation, not to exceed a total amount of $500,000, which would be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by a district attorney, county counsel, or city attorney in a court of competent jurisdiction. The bill would additionally require that disclosures be updated no less than annually.