AB 953: California Environmental Quality Act: Department of Fish and Wildlife: review of environmental documents: revenue and cost tracking and accounting.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-03-17
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the lead agency to consult with a public agency that is a responsible agency or a trustee agency during the environmental review process.
Existing law authorizes the Department of Fish and Wildlife to impose and collect a filing fee to defray the costs of managing and protecting fish and wildlife trust resources, including, but not limited to, consulting with other public agencies, reviewing environmental documents, recommending mitigation measures, developing monitoring requirements for purposes of CEQA, and other activities protecting those trust resources identified in the review pursuant to CEQA.
This bill would require the department to separately track and account for all revenues collected under the above filing fee provision and all costs incurred in its role as a responsible agency or trustee agency under CEQA.
Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to comply with the information security and privacy policies, standards, and procedures issued by the office. This bill would require state agencies not covered by the provisions described above to adopt and implement comparable information security and privacy policies, standards, and procedures, perform a security assessment at least every 3 years to determine compliance with the entirety of the adopted information security standards, and confidentially submit certification of compliance with the adopted standards, and, if applicable, corrective actions plans to address outstanding deficiencies, to the Assembly Privacy and Consumer Protection Committee.Because the required certification would be made under penalty of perjury, the bill would expand the crime of perjury and impose a state-mandated local program.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 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 Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to comply with the information security and privacy policies, standards, and procedures issued by the office.
This bill would require state agencies not covered by the provisions described above to adopt and implement comparable information security and privacy policies, standards, and procedures, perform a security assessment at least every 3 years to determine compliance with the entirety of the adopted information security standards, and confidentially submit certification of compliance with the adopted standards, and, if applicable, corrective actions plans to address outstanding deficiencies, to the Assembly Privacy and Consumer Protection Committee.
Because the required certification would be made under penalty of perjury, the bill would expand the crime of perjury and impose a state-mandated local program.
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 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.
(a)The department shall track and account for all revenues collected under Section 711.4 for the review of environmental documents in the departments capacity as a responsible agency or trustee agency under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(b)The department shall track and account for all costs incurred in its role of a responsible agency or trustee agency under the California Environmental Quality Act.
(c)The tracking and accounting of the revenues and costs required under this section shall be separate from all other revenues and costs of the department.
SECTION 1.Section 11093.8 is added to the Government Code, to read:11093.8.Every state agency, as defined in Section 11000, that is not included in the definition of state entities contained in subdivision (e) of Section 11546.1 shall do all of the following:(a)Adopt and implement information security and privacy policies, standards, and procedures that are comparable to those established by the Chief of the Office of Information Security pursuant to Chapter 5.7 (commencing with Section 11549).(b)Perform, or cause to be performed, an information security assessment at least every three years to determine compliance with the entirety of the information security standards adopted pursuant to subdivision (a).(c)Confidentially submit certification of compliance with the standards adopted pursuant to subdivision (a), and, if applicable, corrective action plans to address outstanding deficiencies, to the Assembly Privacy and Consumer Protection Committee.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 11093.8 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The state has a interest in protecting its information technology systems from intrusion, thus, information regarding the specific vulnerabilities of those systems must be protected.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.Every state agency, as defined in Section 11000, that is not included in the definition of state entities contained in subdivision (e) of Section 11546.1 shall do all of the following:
(a)Adopt and implement information security and privacy policies, standards, and procedures that are comparable to those established by the Chief of the Office of Information Security pursuant to Chapter 5.7 (commencing with Section 11549).
(b)Perform, or cause to be performed, an information security assessment at least every three years to determine compliance with the entirety of the information security standards adopted pursuant to subdivision (a).
(c)Confidentially submit certification of compliance with the standards adopted pursuant to subdivision (a), and, if applicable, corrective action plans to address outstanding deficiencies, to the Assembly Privacy and Consumer Protection Committee.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 11093.8 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The state has a interest in protecting its information technology systems from intrusion, thus, information regarding the specific vulnerabilities of those systems must be protected.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Feb 1, 2022 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2022 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr 12, 2021 | Re-referred to Com. on W.,P., & W. pursuant to Assembly Rule 96. |
| Mar 18, 2021 | Re-referred to Com. on P. & C.P. |
| Mar 17, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended. |
| Feb 25, 2021 | Referred to Coms. on P. & C.P. and A. & A.R. |
| Feb 18, 2021 | From printer. May be heard in committee March 20. |
| Feb 17, 2021 | Read first time. To print. |
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