(1) Existing law imposes liability upon a person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to rights afforded by law, for actual damages suffered, exemplary damages, a civil penalty, and attorney's fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorney's fees to a person who was denied those rights. Existing law establishes in state government the California Commission on Disability Access which is required to provide information regarding preventing or minimizing problems of compliance by California businesses by providing educational services, including outreach efforts, and by preparing and hosting on its internet website a Guide to Compliance with State Laws and Regulations Regarding Disability Access Requirements. This bill would specify that statutory damages based upon the inaccessibility of internet website under these provisions shall only be recovered against an entity, as defined, if the internet website fails to provide equally effective communication or facilitate full and equal enjoyment of the entity's goods and services to the public. The bill would, in order for a plaintiff to be entitled to statutory damages for internet website inaccessibility, require the plaintiff to prove that they personally encountered a barrier that interfered with their ability to access all or part of the entity's internet website and that caused them to experience a difference in their access to, or use of, the website as compared to other users such that they were unable to acquire the same information, engage in the same interaction, or enjoy the same services with substantially equivalent ease of use, or have the same level of privacy and independence as other users who are not disabled, or that they were deterred from accessing all or part of the internet website because of the website's failure to provide equally effective communication or to facilitate full and equal enjoyment of the entity's goods and services to all members of the public. The bill would specify that an internet website is presumed to provide equally effective communication for the purpose of an award of minimum statutory damages, as specified, if the internet website complies with specified standards for the accessibility of an internet website established by the World Wide Web Consortium (W3C) Accessibility Guidelines Working Group. The bill would require the California Commission on Disability Access to review those standards to determine whether they are the most up-to-date standards for effective communication by means of internet websites, and to notify the Legislature if they are not up to date and should be revised. The bill would also make other conforming changes. (2) Existing law requires each city, county, or city and county that issues business licenses, building permits for additions, alterations, and structural repairs to commercial property, or building permits for new construction of commercial property to make available, and, upon receipt of an application for a business license or building permit to provide to the applicant, an informational notice to the applicant containing, among other things, general information about the compliance requirements pursuant to the federal Americans with Disabilities Act of 1990 and the state's disability access laws. This bill would also require the information about the compliance requirements pursuant to the state's disability access laws to include a statement that a business' internet website is required to be accessible, and to provide equally effective communication or facilitate full and equal enjoyment of the entity's goods and services, to the public, including any member of the public who is disabled.
Sponsored bills
(1) For purposes of state apportionments to public schools, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of a specified event, including an epidemic, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred. This bill would revise the above-described triggering event to be an epidemic, pandemic, or outbreak of infectious disease, and would provide that the various specified triggering events apply to decreases in average daily attendance due to illness, quarantine, social isolation, and social distancing, absences taken as preemptive measures, independent study and distance learning requests, and pupils who are absent due to quarantine, but cannot provide the appropriate documentation. Existing law requires each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil, as defined, one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes them to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil. The Charter Schools Act of 1992 requires a charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except as provided. This bill would require each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday, except for family daycare homes that are required to be reimbursed for 75% of the meals served. The bill would require a charter school also to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday. The bill would require meals to be distributed, with an option to deliver to the home of each needy pupil, in a manner that complies with local, state, and federal agency guidelines regarding the declared state of emergency or major disaster. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. A tenant is subject to an unlawful detainer action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease or rental agreement by defaulting on rent. A landlord commences an unlawful detainer action by filing and serving the defendant with a complaint. The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency. This bill would, during a state-declared state of emergency, establish a moratorium of the collection of rent from a tenant that is a small business and a moratorium on the filing of an unlawful detainer action due to a default in the payment of rent against a small business, as defined. (3) Under the Small Business Financial Assistance Act of 2013, the California Infrastructure and Economic Development Bank, within the Governor's Office of Business and Economic Development, administers specific programs relating to small business, either administered directly by the bank or under contract with small business financial development corporations. This bill would require the California Infrastructure and Economic Development Bank, during a state-declared public health state of emergency or a prolonged medical emergency or natural disaster, to provide zero-interest rate loans directly to small businesses and nonprofit organizations affected by the emergency or disaster, as specified, from the California Small Business Expansion Fund, a continuously appropriated fund. The bill would require the bank to establish an application process and a selection criteria for the loans awarded pursuant to these provisions. (4) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days, as specified. Existing law requires an employee to accrue paid sick days at the rate of not less than one hour per every 30 hours worked subject to specified use and accrual limitations. This bill, in the event of a state-declared public health state of emergency, including the COVID-19 pandemic, would provide each employee with paid sick days for immediate use, regardless of how long the employee has been employed. The bill would provide a full-time salaried employee paid sick days in an amount sufficient to provide the employee with 14 continuous days away from work, and would provide a part-time or hourly employee with paid sick days in an amount equal to the number of hours that the employee was scheduled to work, or, if not scheduled to work, regularly works in a 14-day period, as specified. The bill would authorize an employee to use those paid sick days to care for a family member affected by the public health crisis, to care for a child because of a school closing related to the public health crisis, or because the employee has been affected by the public health crisis. This bill would, upon appropriation by the Legislature, require the Department of Industrial Relations to establish a program to provide paid sick days for family care and medical leave due to a public health crisis to independent contractors and day laborers. The bill would require the program to provide paid sick days in an amount equal to the number of hours that the independent contractor or day laborer was scheduled to work or, if not scheduled, regularly works in a 14-day period, as specified. The bill would require the department to establish an application process for independent contractors and day laborers to apply for the paid sick days provided under these provisions. (5) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, gas corporations, and water corporations. Existing law prohibits an electrical, gas, or water corporation from terminating residential service (A) during the pendency of an investigation by the utility of a customer or subscriber dispute or complaint, (B) when a customer has been granted an extension of the period for payment of a bill, or (C) on the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the utility with respect to all charges that the customer is unable to pay prior to delinquency. Existing law requires that a customer that meets the requirements of (C) , upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. Existing law requires that a residential customer who has, before termination of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, be given an opportunity for review of the request by a review manager of the utility and that the review include consideration of whether the customer will be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 12 months. Existing law prohibits termination of the service of any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. Existing law authorizes the furnishing of utility services by publicly owned entities that are subject to control by their governing bodies, including municipal corporations, municipal utility districts, and public utility districts. Existing law places restrictions upon a municipal corporation, municipal utility district, or public utility district that provides light, water, power, or heat from terminating service identical to those above-described restrictions that are applicable to electrical, gas, and water corporations. This bill would prohibit an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, or public utility district from terminating residential or small commercial electrical, gas, or water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster, as defined, for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements. The bill would require those utilities, following a state of emergency or major disaster, to include a notice in the first 3 billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The bill would require the utility to grant an extension or amortization request if the residential or small commercial customer represents to the utility that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster and that as a result the customer is unable to pay for service in full within the normal period for payment. The bill would prohibit the utility from terminating the service of any customer complying with an amortization agreement or other extension, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first 3 billing statements made following the state of emergency or major disaster. 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 certain provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements with respect to an electrical, gas, or water corporation would be a crime, the bill would impose a state-mandated local program by creating a new crime. By placing additional requirements upon municipal corporations, municipal utility districts, and public utility districts, the bill would impose a state-mandated local program. (6) The Irrigation District Law authorizes the formation of irrigation districts and authorizes those districts to provide various utility services, including providing water service and the generation, transmission, distribution, and sale of electricity for use inside or outside the boundaries of the district. Existing law authorizes an irrigation district to refuse service to any land if outstanding charges for services already rendered to that land have not been paid within a reasonable time. Existing law authorizes the formation of municipal water districts, county water districts, and California water districts and authorizes those districts to adopt ordinances fixing the charges for the furnishing of commodities or services, to enforce district rules or regulations pertaining to the sale or distribution of water, and to petition the superior court for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in an ordinance, rule, or regulation. This bill would prohibit an irrigation district from terminating residential or small commercial electrical or water service, and would prohibit a municipal water district, county water district, or California water district from terminating residential or small commercial water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements, which are identical to the obligations and restrictions that the bill places upon an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, and public utility district. (7) This bill would declare that its provisions are severable. (8) 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.
Existing law, the Information Practices Act of 1977 (IPA) , requires an agency, as defined, to maintain and disclose personal information in accordance with specified conditions and limitations to ensure the security and confidentiality of the personal information. Existing law regulates contracts for goods and services entered into by state agencies. Specified violations of provisions in a state contract is a crime. This bill would require a contract with a contractor doing business with a state agency to require that the contractor maintain cyber insurance if the contractor receives or has access to records containing personal information protected under the IPA. By expanding the scope of 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 state law, the California Consumer Privacy Act of 2018, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined. This bill would authorize an unmanned aircraft system, as defined, that is used by a business to deliver consumer products to a person in this state to be used by a business to collect, use, and retain audio, geolocation, and visual information only when reasonably necessary and proportionate to achieve the delivery purposes for which the information was collected or processed. Except as provided, the bill would require the business to destroy that information upon completion or realization of those purposes. The bill would define terms for its purposes.
Existing law establishes the University of California as a public trust under the administration of the Regents of the University of California. The University of California provides instruction and performs research at the 10 campuses it operates and maintains in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would establish the California-China Climate Institute, housed at the University of California, Berkeley, as specified, and in partnership with the Institute of Climate Change and Sustainable Development at Tsinghua University and other entities and institutions in China and California. The bill would require the institute to foster collaboration to inform and shape climate policy and advance the goals of the Paris Agreement, advance joint policy research on major climate issues, support high-level dialogue on specific climate issues, and provide training to specified entities to advance climate and environmental policies. The bill would require the institute to work closely with other University of California campuses, departments, and leaders, and would authorize the institute to receive guidance and support from experts and state entities.
The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would recodify and reorganize the provisions of the act. The bill would include provisions to govern the effect of recodification and state that the bill is intended to be entirely nonsubstantive in effect. The bill would contain related legislative findings and declarations. The bill would become operative on January 1, 2022.
Existing law, the Information Practices Act of 1977, gives to an individual certain rights with respect to personal information, as defined, about that individual that is maintained by certain state public entities. This bill would expressly prohibit those entities from discriminating or retaliating against an individual for exercising rights under the act. The bill would also make nonsubstantive changes to a provision in the act.
The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would enact various conforming and technical changes related to another bill that recodifies and reorganizes the California Public Records Act. The bill would only become operative if the related bill recodifying the act is enacted and becomes operative on January 1, 2022. The bill would also specify that any other bill enacted by the Legislature during the 2020 calendar year that takes effect on or before January 1, 2022, and that affects a provision of this bill shall prevail over this act, except as specified.
Existing law establishes the Department of Business Oversight in the Business, Consumer Services, and Housing Agency, headed by the Commissioner of Business Oversight. Under existing law, the department has charge of the execution of specified laws relating to various financial institutions and financial services. Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Existing law regulates the use of personal information, including the California Consumer Privacy Act of 2018, which grants a consumer various rights with regard to personal information relating to that consumer that is held by a business. The act requires a business that collects personal information about a consumer to disclose the consumer's right to delete personal information in a form that is reasonably accessible to consumers and in accordance with a specified process. This bill would enact the Automated Decision Systems Accountability Act of 2020. The bill would require a business in California that provides a person, as defined, with a program or device that uses an automated decision system (ADS) to take affirmative steps to ensure that there are processes in place to continually test for biases during the development and usage of the ADS, conduct an ADS impact assessment on its program or device to determine whether the ADS has a disproportionate adverse impact on a protected class, as specified, examine if the ADS in question serves reasonable objectives and furthers a legitimate interest, and compare the ADS to alternatives or reasonable modifications that may be taken to limit adverse consequences on protected classes. The bill would require a business, by March 1, 2022, and annually thereafter, to submit a report to the Department of Business Oversight summarizing the results of its ADS impact assessment for each program or device that uses an ADS. The bill would also require a business, if it makes any significant modification to an ADS, to reconduct an ADS impact assessment under these circumstances. The bill would require the department, by January 1, 2022, to develop a procedure for businesses to use in making the required reports and to make general information on the reporting process available on its internet website. The bill would require the department, if a business fails to comply with these procedures, to send a written notice to the business regarding its failure to comply, and would require the business to submit the report within 60 days of the date of that notice. The bill would make violations of these provisions subject to a civil penalty. The bill would also require the department, by March 1, 2022, to establish an Automated Decision Systems Advisory Task Force, composed of various representatives from the public and private sectors, for the purpose of reviewing and providing advice on the use of automated decision systems in businesses, government, and various other settings.
Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights in connection with a business, as defined, that collects the consumer's personal information. Among these rights, the act authorizes a consumer to request that a business that collects a consumer's personal information disclose to the consumer the categories and specific pieces of personal information that the business has collected. The act does not require a business to retain personal information collected for a single, one-time transaction if that information is not sold or retained by the business. Existing law generally governs the transactions between a rental company, also referred to as a rental car company, and its customers, including, among other provisions, restrictions on a rental company's use of electronic surveillance technology. Existing law, as part of those restrictions, prohibits a rental company from using, accessing, or obtaining any information relating to the renter's use of the rental vehicle that was obtained using electronic surveillance technology, except under specified circumstances. Existing law requires a hosting platform, defined as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified, to provide an offeror listing a residence for short-term rental on the hosting platform with a specific notice relating to certain liability considerations and risks of listing the residence. Existing law requires the notice to be in a particular font size and be provided immediately before the offeror lists each real property on the hosting platform's internet website in a manner that requires the offeror to interact with the hosting platform's internet website to affirmatively acknowledge the offeror read the notice. This bill would revise and recast those provisions relating to listings of short-term rentals of residences to, among other things, define a hosting platform to mean a marketplace that is created for the primary purpose of facilitating the rental of real or personal property, as specified. The bill would require the hosting platform to disclose conspicuously on a rental listing any recording devices operating in, on, or around the listed property. The bill would require the operator of a hosting platform to request an offeror to disclose to the hosting platform, and would require the offeror to disclose, any of those recording devices, as specified. The bill would require an offeror, upon notification of a violation of those recording device disclosure requirements, to destroy data collected by the device, to disable the device for the remainder of the rental period, and to notify the renter immediately, as specified. The bill would authorize a renter, upon notification of a violation, to render the rental agreement null and void effective immediately, and would entitle the renter to a specified refund. The bill would make a violation of these provisions punishable by a civil penalty of up to $500 for the first violation, and up to $1,000 for a subsequent violation, except as specified.