Hearings

Assembly Standing Committee on Judiciary

April 29, 2025
  • Ash Kalra

    Legislator

    Yeah, maybe. Good morning, everyone. Hope they get that elevator fixed soon. Welcome to the Assembly Judiciary Committee. In order for us to complete our agenda and allow everyone equal time, the rules for witness testimony are that each side will be allowed two main witnesses.

  • Ash Kalra

    Legislator

    Witnesses will have approximately two minutes to testify in support of or opposition to the Bill. Additional witnesses should state only their names, organization of any and their position on the Bill.

  • Ash Kalra

    Legislator

    The one item that we will be taking out of order when she is here is Chair Pepin's Bill, since she's chairing her Committee and we want to get her out out there. But in the meantime, we will take item four, Assembly Member Crell, AB54. Oh, and we do not have a quorum. We'll be starting as a Subcommitee. Thank you. Whenever you're ready.

  • Maggy Krell

    Legislator

    All right. Good morning. Thank you, Mr. Chairman. I'm bringing Assembly Bill 54. Today. California is a leader in reproductive freedom and a safe haven for individuals seeking care. However, threats at the federal level and restrictions to abortion access across our country.

  • Maggy Krell

    Legislator

    Thank you. Across our country and the overturning of Roe vs Wade has reduced access for individuals seeking abortion access to medication abortion plays an important role in reducing barriers and promoting equitable healthcare, particularly for those living in rural or underserved communities. 60% of individuals who seek abortions are people of color and half live below the poverty line.

  • Maggy Krell

    Legislator

    Reaffirming that limiting access has a disparate impact on marginalized communities. Ensuring the integrity of medication abortion supply chain process, from manufacturing to distribution to Administration of mifepristone and Misoprostol is essential to protecting. Is essential to protecting access. AB54 reaffirms California's commitment to protecting access to reproductive health care. Yes, we have a constitutional.

  • Maggy Krell

    Legislator

    Constitutional amendment guaranteeing the right to abortion. But right is only as good as access to it. And with restrictions all around the country, we need to make sure that our supply chain of medication abortion is accessible to patients and their healthcare providers here in California. So I respectfully request your.

  • Maggy Krell

    Legislator

    I vote with me is Deputy Attorney General Tiffany Brokaw from the Attorney General's Office and Angela Pontus from Planned Parenthood affiliates of California. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Tiffany Brokaw

    Person

    Hey, good morning. Tiffany Brokaw, Deputy Attorney General here with the California Department of Justice on behalf of Attorney General Rob Bonta, who is proud to sponsor AB54. And we'd like to thank Assembly Member Crell for her leadership on this important issue.

  • Tiffany Brokaw

    Person

    AB54 would ensure continued access to medication abortion and shield providers and manufacturers from liability for transporting and administering such medication. Since the overturn of Roe V. Wade In 2022, abortion access has been under attack. Nationwide, 60% of abortions are done by using medication abortion. So it is crucial that we ensure continued access to this reproductive care.

  • Tiffany Brokaw

    Person

    And ensuring access means maintaining the ability to transport and deliver such medication throughout the state. AB54 affirms that doing so is legal in California and shields providers, manufacturers, distributors, pharmacists and individuals from civil and criminal liability and professional discipline. AB54 is an important step in keeping California a safe haven for reproductive access.

  • Tiffany Brokaw

    Person

    And I have here with me Deputy Attorney General Erica Connolly. Here to answer any technical questions, we respectfully ask for an aye vote. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Angela Pontes

    Person

    Good morning. Angela Pontes on behalf of Planned Parenthood affiliates of California, representing these seven Planned Parenthood affiliates throughout the state, serving patients from every county through 115 community health centers here today in strong support of AB54 as a CO sponsor as well.

  • Angela Pontes

    Person

    Though medication abortion has been used by millions of people for a quarter of a century and decades of research show that it is safe and effective attacks on access and providers who offer this care persist. AB54 reassures Californians that their right to essential health care is and will remain protected by ensuring that medication abortion providers are shielded and that the drugs used remain legal.

  • Angela Pontes

    Person

    Any federal efforts to restrict medication abortion and the drugs used are not only dangerous and cruel, but also a direct attack on our state's constitutional right to reproductive freedom. Thank you for your consideration of this important policy. We ask for your aye vote.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB54? Just name organization, if any, and your position on the Bill. And I know folks are making their way up here up the elevator fiasco.

  • Annie Chow

    Person

    Annie Chow with the California Teachers Association in support. Thank you.

  • Keshav Kumar

    Person

    Keshav Kumar with Lighthouse Public affairs representing Reproductive Freedom for All and strong support.

  • Symphoni Barbee

    Person

    Thank you Symphoni Barbee on behalf of Planned Parenthood affiliates of California, proud co sponsors and support. Thank you.

  • Katherine Squire

    Person

    Katherine Squire on behalf of the California Commission on the Status of Women and Girls, proud co sponsor.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB54?

  • Sophia Lori

    Person

    Good Morning Chair and Members. I am Sophia Lori with California Family Council and we stand in opposition to AB 54, misleadingly titled Access to Safe Abortion Care Act. Let's be clear, there is nothing safe about what this Bill promotes.

  • Sophia Lori

    Person

    AB54 focuses on the abortion pills mifepristone and misopristol and yet ignores the brutal reality of what these drugs actually do. A so called medical abortion is a gruesome two step process. First, mifepristone chemically starves a preborn child of the vital hormone progesterone, causing the placenta to wither.

  • Sophia Lori

    Person

    The child is cut off from oxygen and nutrients, a slow, intentional death. Then, 24 to 48 hours later, the woman takes Mifepristol, forcing her body into violent contractions, heavy bleeding, and the trauma of expelling her dead baby, most often alone at home over a toilet. And we call this safe. Just yesterday, fresh evidence shattered this false narrative.

  • Sophia Lori

    Person

    A new study released by the Ethics and Public Policy center analyzed 865,727 mifepristone abortions from 2017 to 2023, making it the largest known study of its kind. The findings are horrifying. 10.93% of women experience sepsis, infection, hemorrhaging, or another serious adverse event within 45 days following a mifepristone abortion.

  • Sophia Lori

    Person

    That's 1 in 10 women, a rate 22 times higher than the manufacturer's clinical trial claims. Yet California lawmakers are rushing to double down on promoting this drug without even a pause for caution, as the study author urges the FDA should immediately reinstate its earlier, stronger patient safety protocols and reconsider its approval of mifepristone altogether.

  • Sophia Lori

    Person

    If our goal is truly safe health care for women, this Bill is the opposite of what they deserve. Instead of protecting women, AB54 abandons them to dangerous, solitary and traumatic abortions and calls it care. I urge you, reject this dangerous Bill. Women and children deserve better than the lies and the lethal consequences of chemical abortion. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB54? Any questions or comments from the Committee Assembly Member Zbur

  • Rick Chavez Zbur

    Legislator

    Yes. Could I ask the folks from. Or any. Anyone from Planned Parenthood or otherwise to address the. What I believe outrageous allegations about the safety of methapristone. Someone could just respond to that.

  • Maggy Krell

    Legislator

    Sure. I would just note that medication, abortion drugs have a lower mortality rate than Viagra. They've been proven safe for over a decade. You know, my colleague on the other side here, and I disagree with each other about this, but from a safety standpoint, there's nothing unsafe. They've been approved for a long time.

  • Maggy Krell

    Legislator

    This Bill has wide support in the medical community from doctors and other healthcare providers.

  • Rick Chavez Zbur

    Legislator

    You know, I know that in the world we're living in that facts no longer are real facts, but I think the fact is accurate that these are medically safe. They're widely used, and I applaud the author for bringing this Bill.

  • Rick Chavez Zbur

    Legislator

    I think it's a really important one to make sure that that women and people get the health care they need in the State of California. I would love to be at it as a co author and would love to move the Bill at the appropriate time once we have a quorum.

  • Ash Kalra

    Legislator

    I want to also thank the author. I think it's no surprise to anyone what's happening right now as we see reproductive rights under attack throughout this nation and women's rights under attack.

  • Ash Kalra

    Legislator

    And I don't think that we should consider ourselves immune here in California, particularly given the fact that we're going to be asked to take on a greater burden of caring for a lot of individuals that are seeking care that may not otherwise be able to. And so this is incredibly important.

  • Ash Kalra

    Legislator

    I want to thank the author for her many years of advocacy long before even entering into the steps of this building, but especially now with the voice that you have by continuing to use it to ensure safe access to reproductive health. Would you like to close?

  • Maggy Krell

    Legislator

    Yes. I respectfully ask for your aye vote.

  • Ash Kalra

    Legislator

    Thank you so much. I'd also like to be added as a co author at the appropriate time. And I believe you have one other Bill.

  • Maggy Krell

    Legislator

    I do.

  • Ash Kalra

    Legislator

    And thank everyone for being here. By the way, we can't take a motion quite yet. We don't have a quorum, but we can still listen to some bills here. And so we are going to item 22, AB 1137. All right. Whenever. Whenever you're ready.

  • Maggy Krell

    Legislator

    Hi. Thank you. Good morning again. Let me tell you about AB 1137. This is a great Bill which addresses social media reporting mechanisms for child sexual abuse material, or CSAM . CSAM is brutal and graphic content that permanently captures a child's trauma and exploitation. And tragically, it's very pervasive on the Internet.

  • Maggy Krell

    Legislator

    There's over 500,000 cases of CSAM on platforms like Snapchat, TikTok X. They each have over half a million Facebook and instagram combined. Over 28 million. So so far, we've already made great strides in creating reporting mechanisms in order to take these images down immediately and try and prevent them. And that's what this law does.

  • Maggy Krell

    Legislator

    AB 1137 addresses this problem by strengthening the existing tool to report child sexual abuse material on social media platforms by allowing anyone to report csam, not just the victim who's depicted, and then also requiring that the reports be reviewed by a national person and empowering victims to take legal action.

  • Maggy Krell

    Legislator

    It would also give public prosecutors the ability to take legal action when the reporting mechanism is not being complied with. Existing law allows social media companies to be protected from liability for commercial sexual exploitation if they conduct a biannual audit aimed at identifying designs and features contributing to its spread.

  • Maggy Krell

    Legislator

    So to improve transparency and accountability, this Bill would instead require that the audit be performed by a third party and also made public. With me today is Nicole W. A parent whose child was a victim of csam. And then also Ed Howard representing the Children's Advocacy Institute at the University of San Diego.

  • Ash Kalra

    Legislator

    Thank you so much. Before we get to the witnesses, if we can establish quorum, please.

  • Committee Secretary

    Person

    [Roll Call]

  • Unidentified Speaker

    Person

    My name is Nicole and I'm the mother of a child sexual abuse survivor whose abuse was recorded and has been widely distributed on a variety of Internet websites and social media platforms.

  • Unidentified Speaker

    Person

    I am here today in support of AB 1137, a Bill that will provide crucial clarifications to existing California law that requires social media platforms to take affirmative acts to remove child sexual abuse material from their platforms.

  • Unidentified Speaker

    Person

    When the perpetrator in my child's case was arrested and charged, I was naive enough to be grateful that there were images proving what he had done so that he would not be able to get away with it.

  • Unidentified Speaker

    Person

    In the time that has passed, I have seen firsthand how the images themselves are abuse and that every time the images are distributed, redistributed and viewed, the child is re victimized. The current California law allows that only someone depicted in the images is able to request their removal.

  • Unidentified Speaker

    Person

    The reality is that many of the children being depicted are below the allowable age to even be engaging on these platforms in the first place. By allowing anyone to report these images, you are taking the responsibility off of children and allowing the grownups in the room to speak up on their behalf.

  • Unidentified Speaker

    Person

    AB 1137 also prevents further re victimization by utilizing the existing hash data mechanism for known CSAM and requiring human review only in cases where the images had no hash match and the abuse would and the images would not otherwise be removed.

  • Unidentified Speaker

    Person

    Imagine the worst thing that has ever happened to you having been recorded and shared out into the world without your consent. Wouldn't you want as few people to see this as possible? This Bill does that for CSAM survivors.

  • Unidentified Speaker

    Person

    Survivors need to have all of their remedies under the law available so that they can decide when, where, and how to seek justice against everyone who has been a part of their abuse.

  • Unidentified Speaker

    Person

    AB 1137 empowers the California Attorney General, state prosecutors, and local prosecutors to use their resources to pursue justice on behalf of these children and their families. This Bill is about the safety of kids and there's nothing more important than protecting them. I know I alone could not have protected my own child.

  • Unidentified Speaker

    Person

    We need help and new laws to keep children safe online and I urge the Assembly to move forward with AB 1137 to help ensure that every child has the safe childhood that they deserve serve.

  • Ed Howard

    Person

    Thank you Mr. Chair Members, Ed Howard, Senior Counsel at the Children's Advocacy Institute at the University of San Diego School of Law, pleased to co sponsor this measure. Three brief points if I may. The first is that this problem of child sexual abuse material online is getting worse.

  • Ed Howard

    Person

    According to In Hope, which is an international organization of CSAM hotlines, in 202390% of the child sexual abuse material that was found online was depicting pre pubescent children, overwhelmingly girls between the ages of 3 and 13 years old. That number is for 202493% of the child sexual abuse material.

  • Ed Howard

    Person

    The second is what motivates in significant part this Bill is that given a full year to comply. As your analysis correctly says, the implementation of this Bill, let us just say, is not compassionate. Your analysis on page six gets this exactly.

  • Ed Howard

    Person

    It's superb analysis by the way gets this exactly right when it says, quote Investigations by child safety advocates have documented that many major platforms bury their reporting tools deep within app settings, fragment the process across multiple interfaces and provide pathways that lead to dead ends. You can see this for yourself attached to our letter.

  • Ed Howard

    Person

    We attached an exhaustive series of examples with the major platforms. It appears as though the only thing that we could find that one of them did was add in fine print. This was for Facebook after 1394. The Bill that preceded this one quote reporting it's I'm actually having reporting online nudes in California.

  • Ed Howard

    Person

    You can make a report to Meta if you're under 18 and your nudes have been shared. That appears to be the major innovation. Third, and finally, the platforms know how to find this material.

  • Ed Howard

    Person

    In 2023, the Wall Street Journal did an expose which revealed that for meta this pop up screen was coming up when child sexual abuse material was encountered. It says see results. Anyway, respectfully ask for your item.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1137? Anybody else?

  • Ken Wang

    Person

    Good morning Chair Members. Ken Wang, on behalf of the California. Initiative on Technology and Democracy and Support, thank you. Thank you.

  • Unidentified Speaker

    Person

    Hi. Apologies for the late add on California Nursing Advice Association in support of AB54. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1137.

  • Dylan Hoffman

    Person

    Thank you Mr. Chair Dylan Hoffman today on on behalf of Technet and with your permission as the only lead opposition, do you mind if I exceed my two minutes? I'll keep it under four, but yeah, thank you. Appreciate it. First, want to state fully for the record that we agree with the intent behind this Bill.

  • Dylan Hoffman

    Person

    We've been a proactive partner in the fight against ccm. Our platform have have led the way technologically. We've donated technology to nonprofits and to ncmec. The hashing technology that was was mentioned was developed by our Member companies to help detect and remove CSAM faster. And we were also proactive partner in negotiations on the prior Bill, AB 1394.

  • Dylan Hoffman

    Person

    With the author, her staff and the sponsors of the Bill. We provided numerous detailed red lines that would have made implementation more efficient, insulated the Bill from constitutional challenges, and helped remove more c the Internet.

  • Dylan Hoffman

    Person

    And while there were some issues that we wish could have been resolved through that process, we were very appreciative of the conversations with Assemblymember Wicks and her willingness to work with us.

  • Dylan Hoffman

    Person

    And I say all of that to say that we're more than willing to do the same with AB 1137 and have had initial conversations with the author staff to begin that dialogue.

  • Dylan Hoffman

    Person

    AB 1394 just went into effect January 1st of this year and if there's already evidence of gaps in compliance or ways to improve upon the Bill, we'd like to be a part of that conversation and provide suggestions. I do want to highlight a few issues with the changes this Bill makes.

  • Dylan Hoffman

    Person

    First, the changes to the audit requirements add significant compliance hurdles without much meaningful benefit. Third party audits are not only costly, but it's also not clear that there are auditors that would meet the requirements of having experience in digital trust and safety and content moderation.

  • Dylan Hoffman

    Person

    AB 1394's audit requirements were constructed to ensure that companies were self assessing their systems and looking for ways to improve their methods. We still believe that twice yearly audits make that exercise more about checking a box than about a true assessment.

  • Dylan Hoffman

    Person

    If the Committee finds it Excuse me, If the Committee finds it necessary to impose a third party audit requirement, we suggest that it's on a less frequent timeline with self assessments in between. More concerningly, however, is the requirement that these audits be made public.

  • Dylan Hoffman

    Person

    Platforms are in a constant battle to protect their users and their platforms from sophisticated bad actors that are trying to exploit and harm them. Providing additional detailed information about platforms moderation efforts, how they're using certain technologies and identifying gaps in their systems is a very bad IDEA and gives sophisticated criminal organizations a significant advantage.

  • Dylan Hoffman

    Person

    The industry has made significant progress in the fight against CSAM and we cannot go backward. This Bill should not force companies to choose between non compliance and undercutting their work to combat CSAM on their platform. And we've already discussed this point with the author's office.

  • Dylan Hoffman

    Person

    We're all obviously on the same team in this fight, but this is an instance where transparency directly conflicts with safety and security and we strongly suggest removing the public posting requirement for these audits.

  • Dylan Hoffman

    Person

    Additionally, the changes to the enforcement provisions up in several negotiation points on AB 1394 namely that inadvertent immaterial non compliance due to a technical malfunction or issue outside of the control of the platforms shouldn't be grounds for penalties or a lawsuit.

  • Dylan Hoffman

    Person

    While we appreciate the change to make certain sections enforceable by the Attorney General rather than a private lawsuit, the Bill and penalties currently treat small technical failures and serious intentional non compliance the same. We believe penalties and enforcement should be tailored to the harm caused by non compliance and we'll work to provide suggestions to that effect.

  • Dylan Hoffman

    Person

    And then as initially drafted, the changes requiring human review of all reported material would have had a significant and negative impact on our ability to process the reports. We appreciate the amendments that are moving in the right direction. We may have additional suggestions around further making sure that platforms can incorporate automation to the fullest extent possible.

  • Dylan Hoffman

    Person

    We think it's in everybody's best interest one it prevents re victimization to have fewer people looking at this material but two it enables us to expand our resources and the scope of our operations. Lastly, I'll just say that AB 1394 reflected a careful balancing of interests between safety, transparency and accountability.

  • Dylan Hoffman

    Person

    It also balanced serious constitutional issues around the first and fourth Amendments and is somewhat unique among social media bills and that it hasn't been challenged in court to date. And we suggest caution with any changes that could upset either of those balances. And we look forward to continuing our productive dialogue with the author and her staff.

  • Dylan Hoffman

    Person

    And while on paper today we are opposed anticipate moving towards an opposing unless amended. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB 1137? You have a motion and a second. opposition.?

  • Ronak Dalami

    Person

    Good morning. Ronak Dalami with Cal Chamber. Respectfully outline our position with TechNet in opposition. Thank you.

  • Aiden Downey

    Person

    Thank you. Aiden Downey with the Computer and Communications Industry Association. Want to ditto what technet said in opposition. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Any questions or comments? Well, I want to thank you. Did you please.

  • Alexandra Macedo

    Legislator

    I just wanted to thank the author for bringing this forward. When it comes to having these kind of images on the Internet, they're there for a very long time. So time is of the essence to get them removed.

  • Alexandra Macedo

    Legislator

    And when it comes to protecting our children from harms like this and taking their innocence away, I won't stop at anything to stop that. So thank you for fighting for children. I would be honored if you would add me as a co author to this Bill.

  • Ash Kalra

    Legislator

    Thank you, Assembly Member Stefani.

  • Catherine Stefani

    Legislator

    Thank you, Chair. I would also like to be added as a co author and I want to thank the witness for your story. I am so sorry for what happened to you. There's some really sick people in this world and I want to thank the author for bringing this forward. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Yes, Madam Vice Chair.

  • Diane Dixon

    Legislator

    Thank you, Mr. Chair. And I too, appreciate your Bill. Some of us who are on both privacy and judiciary are seeing a number of these kinds of bills. We're kind of coming at it from a number of different areas because we're trying to speak loudly and clearly that this is a problem.

  • Diane Dixon

    Legislator

    I appreciate the industry and I see you testifying often. I hope this is the legislative year that we could really come to some successful meeting of the minds to protect children, protect everyone who needs protection, especially children. And again, my sympathy for the tragedy her daughter endured. So there are many bills.

  • Diane Dixon

    Legislator

    I've been supporting many of those bills. I'll support this Bill. We have to come at it many different directions, and it's time that we really move these bills forward. So thank you for moving them this far. And I look forward to continued progress for these bills and this legislation. And I sincerely hope you can work something out.

  • Diane Dixon

    Legislator

    Thank you.

  • Ash Kalra

    Legislator

    Thank you. Yeah. You know, this is one of those issues that before coming Legislature didn't know a lot about. It's one of those things that you really don't want to learn a lot about. But, you know, based upon prior legislation, Member Wicks, and the work you're doing now, we can't ignore what's happening to victims.

  • Ash Kalra

    Legislator

    And I would just. I want to commend you for bringing the Bill forward and certainly continue to work with opposition on some of the implementation aspects that were raised. But appreciate your efforts and would also like to be added as a co author. Would you like to close?

  • Maggy Krell

    Legislator

    Thank you. I respectfully ask for your aye vote.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    All right, that. That Bill is out. Thank you. Thank you, Senator Murasuchi. And while he's coming up, can we have a motion on item four, AB54 crell, the first Corel Bill. And a second motion. A second. Can we go ahead and do a roll call vote on that Bill?

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    It's the first. The first Krell Bill. All right, that Bill is out. Senator Muratsuchi , whenever you're ready.

  • Al Muratsuchi

    Legislator

    Thank you very much. We are trying to locate. We're getting a witness in the hallway. Yeah, but. Thank you. Mr. Chair and Members of the Committee. I am here to present Assembly Bill 49, which is to try to do everything within our power to keep Ayes out of our California public schools.

  • Al Muratsuchi

    Legislator

    We know that for many years, our public schools have been safe havens, recognized by the Federal Government as safe havens for immigration enforcement activities. Unfortunately, recently, the Trump Administration has lifted that designation of schools as sensitive locations.

  • Al Muratsuchi

    Legislator

    And as we saw, and as your Committee analysis points out, just recently in April 7, in the Los Angeles Unified School District, there was an attempt for plainclothes federal agents to enter into two Los Angeles area elementary schools looking for five children who they claimed had entered the country without authorization.

  • Al Muratsuchi

    Legislator

    We know that since 1982, under the United States Supreme Court case of Plyla vs Doe, that all children, regardless of immigration status, have a right to. To a public education. We want to make sure that our kids feel safe in our schools.

  • Al Muratsuchi

    Legislator

    Kids cannot learn if they are afraid of being deported, if they're afraid of having their families separated. And so that is why we are introducing this measure. I would like to turn it over to our witnesses to testify and support, starting with Charlie. Thank you.

  • Matthew Toyama

    Person

    Second, Good morning, Chair and distinguished Members of the Assembly Judiciary Committee. My name is Matthew Toyama. I'm the managing attorney of the Removal Defense Unit at the Coalition for Humane Immigrant Rights in Los Angeles.

  • Matthew Toyama

    Person

    The right for all students, regardless of immigration status, to attend public school in the United States has been safeguarded by the Supreme Court and Piler versus Doe.

  • Matthew Toyama

    Person

    And the state's ability to pass AB 49 flows from the basic due process requirements already required by the Fourth Amendment that federal agents present a signed judicial warrant to make immigration arrests in private areas of homes and workplaces, adding only to that approval from a principal or Superintendent if occurring on a school ground, and the requirement that any Ayes activity occur not in the presence of students.

  • Matthew Toyama

    Person

    This is a reasonable ask and necessary regulation. And overall, I would opine that it's a very reasonable bill considering the Department of Homeland Security overturning its Private Sensitive Locations memo, which now allows for Ayes arrests at or nearby places of worship, health care facilities, and educational institutions.

  • Matthew Toyama

    Person

    I can testify that we are already seeing a chilling effect on people's willingness to participate in these necessary functions, such as increasing reticence to seek medical assistance, attend court hearings, and distress in bringing children to school. One of the major functions of AB49 is to guard against the harm of absenteeism in school attendance. AB 49 is necessary.

  • Matthew Toyama

    Person

    I can confirm that these Ayes arrests and detentions are actively occurring in the proximity of California schools. Moreover, AB 49 does not thwart the Federal Government from enforcing its immigration laws. This Bill does not hinder Ayes arrests around school grounds, but rather only ensures the right of children to attend public schools, not infringed.

  • Matthew Toyama

    Person

    I respectfully ask for your Aye vote in support of AB 49. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Christopher Anderson

    Person

    Good morning, Mr. Chair, Members of the Judiciary Committee. Thank you for allowing me to speak. My name is Dr. Christopher Anderson. I am in high school English, E.L. and graphic design teacher in the Stockton Unified School District and President of the Stockton Teachers Association and a Member of the California Teachers Association.

  • Christopher Anderson

    Person

    I'm here to speak in support of AB 49. Students have a right to attend school and learn, and schools should be a safe place for students to learn. Unfortunately, schools are no longer safe havens.

  • Christopher Anderson

    Person

    The fear of the federal agents are now pervasive at our school sites, not only for undocumented students and children of undocumented immigrants, but even legal citizens who may not look or sound like they were born in the United States. Parents are fearful to drop their children off at school for fear of surprise interaction with federal agents.

  • Christopher Anderson

    Person

    Students cannot focus on their learning, fearful of what may happen to them and their loved ones when they are apart. Despite Stockton Unified declaring itself a safe haven, parents are still afraid to send their kids to school. Kids are afraid that their parents will not be there when they get home. And I.

  • Christopher Anderson

    Person

    I have students in my high school that are afraid that they will be picked up on their way out of school. School should be a place where students only focus on learning and growing, a place where they're safe from outside intervention, whatever it may be. For these reasons CTA and I ask for your.

  • Christopher Anderson

    Person

    Aye vote for AB 49 and I leave you with this. If we're not lifting up the least of us, then we will be judged for that. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB49?

  • Nicole Wordelman

    Person

    Nicole Wortleman, on behalf of The Children's Partnership and support.

  • Ash Kalra

    Legislator

    Thank you.

  • Mitch Steiger

    Person

    Mitch Steiger, with CFT, a union of educators and classified professionals, also in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Annie Chou

    Person

    Annie Chou, with the California Teachers Association in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Craig Pulsipher

    Person

    Craig Pulsipher, on behalf of Quality California in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Faith Lee

    Person

  • Faith Lee

    Person

    Morning. Faith Lee with Asian Americans Advantage of Justice Southern California, we're proud. Co sponsor. Also providing #MeToo on behalf of Southeast Asian Resource Action Center, also known as CRAC, Californians Together and California Healthy Nail Salon Collaborative. Thank you.

  • Cynthia Gomez

    Person

    Good morning. Cynthia Gomez on behalf of the Coalition for Humane Immigrant Rights, Treater Lab, Proud co sponsor. Also giving a. #MeToo, on behalf of the alliance for a Better Community, the Central American Resource Center, and also the Friends Committee on Legislation of California. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Kathleen Mossburg

    Person

    Morning. Kathy Mossberg on behalf of the First Five Association in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Maria Flores

    Person

    Good morning. Maria Flores here on behalf of Hispanas organizer political equality at TrustWest, Karazin and Long Beach City College. Thank you.

  • Maria Flores

    Person

    Oh, in support. Sorry.

  • Ash Kalra

    Legislator

    Thank you.

  • Lizzie Cuzona

    Person

    Good morning. Lizzie Cuzona with the California Faculty Association and the California Academy of Child and Adolescent Psychiatry and support. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Valerie Johnson

    Person

    Good morning. Valerie Johnson with the California Undocumented Higher Education Coalition in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Pamela Gibbs

    Person

    Good morning. Mr. Chair and Members. Pamela Gibbs representing the Los Angeles County Superintendent of Schools Dr. Deborah Water though and the Los Angeles County Board of Education in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Navnit Puryear

    Person

    Good morning. Navnit Puryear on behalf of the California School Employees Association, also in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Brandon Chu

    Person

    Morning. Brandon Chu on behalf of SEIU California in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Spencer Street

    Person

    Spencer Street on behalf of the City of Soledad in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Sasha Horwitz

    Person

    Sasha Horwitz, Los Angeles Unified School District, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Rebecca Gonzales

    Person

    Good morning. Rebecca Gonzalez, with the Western Center on Law and Poverty and support.

  • Ash Kalra

    Legislator

    Thank you.

  • Vanessa Cajina

    Person

    Vanessa Cajina with KP Public affairs on behalf of the California Immigrant Policy Center here in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Yadi Younse

    Person

    Yadi Younse with Oakland Privacy and support.

  • Ash Kalra

    Legislator

    Thank you.

  • Kasha B Hunt

    Person

    Kasha Hunt with Nosman here on behalf of the County of Monterey Board of Supervisors in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Tasia Stevens

    Person

    Tasia Stevens with Catalyst California in support. Thank you.

  • Ash Kalra

    Legislator

    Is there anyone here in opposition to AB 49? Right. We'll bring it back to the Committee. Any questions or comments? We already have a motion and so I just want to thank the Author. We see what's happening right now.

  • Ash Kalra

    Legislator

    In fact, even during the first term of the current Administration of Trump Administration, there were protections that were put in place by the state. I think now what we see happening around the country with folks that are without uniform, without identification, snatching up people, snatching up children.

  • Ash Kalra

    Legislator

    This bill is incredibly important to maintain the safety on campuses, allow administrators and teachers to maintain safety and ultimately to protect our children. Would you like to close?

  • Al Muratsuchi

    Legislator

    Thank you very much for your support. Mr. Chair, I respectfully ask for your Aye vote.

  • Ash Kalra

    Legislator

    Thank you. And I'd also like to be added as a co author. Thank you. Go ahead and take a roll call vote, please.

  • Committee Secretary

    Person

    Motions do pass to appropriations. [Roll Call]

  • Ash Kalra

    Legislator

    Okay, so that vote, that bill needs one more. So I'll place it on call. Thank you.

  • Al Muratsuchi

    Legislator

    Thank you.

  • Ash Kalra

    Legislator

    And as I stated at the top, we're going to take something where Papin, because she has her Committee meeting starting at 9. She has a long agenda there. So what's that? Wanna come do it later? Yeah, I'll do it later. Okay, so we'll go ahead then. To our patient, Mr. Ward.

  • Ash Kalra

    Legislator

    Not our patient as in medical patient, our very patient individual Assembly Member Ward.

  • Chris Ward

    Legislator

    I understand there are. You have a long agenda. You have quite an order and I like following the rules so I appreciate. Thank you being before you Mr. Chair and Members to present first AB82 file, item six in your file. So thank you for this opportunity.

  • Chris Ward

    Legislator

    This Bill is here to be able to protect the privacy of individuals health data and protect the public safety and well being of patients, their families and health professionals when accessing and providing legal health services.

  • Chris Ward

    Legislator

    In California, we know there's been a growing national attack on individuals rights, including the right for people to access legal health services such as reproductive and gender affirming health care.

  • Chris Ward

    Legislator

    Reports not only highlight hostile entities utilizing our data systems to target those who are accessing these legal health services, but also illuminate a rise in harassment and violence directed toward those who would work in healthcare settings. Instances of harassment and violence include but are not limited to assault, doxing and bomb threats.

  • Chris Ward

    Legislator

    Such threats impact the physical and psychological safety of patients or loved ones and healthcare professionals. They require increased security measures and exacerbate overall access and workload of legal health systems. Further concerns have risen about The Health Privacy Data and Controlled Substance Utilization Evaluation System, or cures, which is California's Prescription Drug Monitoring Program, or pdmp.

  • Chris Ward

    Legislator

    For instance, organizations with a history of hostility towards the LGBTQ community Members are advocating for the use of PMDP to identify transgender patients with information then shared across state lines. Further, there's a national effort to place mifepristone on the controlled substances list for purposes of tracking.

  • Chris Ward

    Legislator

    For example, Louisiana is using PDMP data to track mifepristone prescriptions as the state has passed a law to reclassify mifesprostol and mifepristone as controlled substances, similarly allowing for the tracking of sharing of individuals healthcare data across state lines. So AB82 seeks to tackle this issue through the five following protections.

  • Chris Ward

    Legislator

    First, it prohibits the reporting of testosterone and mifepristone to cures. Second, it expands the state's Safe at Home program to include health care professionals who provide gender affirming care. Third, it expands existing protections to mitigate the criminalization of families who are simply ensuring that their loved ones access the most necessary health care.

  • Chris Ward

    Legislator

    Fourth, it expands the FACE act existing protections against the doxing of health care professionals and patients to include those who provide access to gender affirming care services. And lastly, AB82 would expand the confidentiality protections for the exchange of health information to include gender affirming care.

  • Chris Ward

    Legislator

    It is imperative that we support the privacy and safety of patients and their families whose basic obligation is to ensure the utmost health for themselves and loved ones, as well as the safety of our healthcare professionals whose basic obligation is to provide necessary care for their patients as they were trained to do so.

  • Chris Ward

    Legislator

    With me to speak in support of AB82. On behalf of our co sponsors, we have Renee Bernardo with the alliance for Trans Youth Rights and Trans Family Support Services. And I think we have a witness here for any technical questions. Nope, we don't. We have a second witness as well.

  • Chris Ward

    Legislator

    Symphoni Barbee with the Planned Parenthood affiliates of California.

  • Rene Bayardo

    Person

    Thank you. Good morning, Mr. Chair Members. My name is Renee Bayardo, and I'm privileged to serve as a board Member of the alliance for Trans Youth Rights. We're a proud co sponsor of AB82, which help would help protect the privacy of California families like my own.

  • Rene Bayardo

    Person

    As a parent of a transgender teen, I'm very concerned about the growing national hostility toward LGBTQ+ people, particularly transgender youth. After the last election, my son and I were nervous about what it would mean for him and Trans youth like him.

  • Rene Bayardo

    Person

    It turns out that our initial fears back in November were founded in fact, I am concerned about my child's safety every day. During this difficult time. I'm so thankful my family lives in a state like California that strives to protect our children.

  • Rene Bayardo

    Person

    My son will be entering college this fall and we were going on the college tours and assessing his options. He was clear with me that he wasn't comfortable leaving California out of safety concerns and we are very proud to be attending school in the San Diego area next year.

  • Rene Bayardo

    Person

    I'm here today to urge you to support AB82 in order to continue making California a safe place for my son and other youth like him. This would help protect families like mine by making sure information about personal health care is protected, which is a concept I think can resonate across the political spectrum.

  • Rene Bayardo

    Person

    No parent, child or Doctor should be punished for providing people life saving care they need. Medical decisions like the ones contemplated in this Bill are private matters that should be kept in confidence between children, parents and their physician. Please help keep the state safe for one of our most vulnerable populations. This is needed now more than ever.

  • Rene Bayardo

    Person

    Thank you and I respectfully ask for your support.

  • Ash Kalra

    Legislator

    Thank you.

  • Symphoni Barbee

    Person

    Good morning Chair and Members. My name is Symphoni Barbee. I'm here on behalf of Planned Parenthood affiliates of California. I'm representing the seven Planned Parenthood affiliates providing sexual and reproductive health care to patients from every county through 115 community health centers and we're proud co sponsors of this Bill.

  • Symphoni Barbee

    Person

    AB82 protects the health data of patients receiving gender affirming care and extends California's landmark Safe at Home program to gender affirming care providers, ensuring they can keep personal information like home addresses confidential in public records and out of the hands of people who may want to harm them.

  • Symphoni Barbee

    Person

    As Planned Parenthood, our affiliates are too familiar with the dangerous anti abortion rhetoric and actions that threaten the safety of patients, staff and volunteers who seek services and work at our health centers. The Safe at Home program was created over 25 years ago.

  • Symphoni Barbee

    Person

    In response, it protects reproductive health care providers and others and it gives them comfort to know that publicly available documents and records do not disclose their home addresses.

  • Symphoni Barbee

    Person

    Unfortunately, in speaking with gender affirming care providers, they report that the increasingly hostile rhetoric targeting the TGI community has put them at heightened risk and they now face many of the same security and safety concerns that abortion providers have faced for decades, including becoming the target of organized harassment and threats of having their information widely spread online by opposition groups.

  • Symphoni Barbee

    Person

    For abortion providers who use Safe at Home, they have shared that the program gives them peace of mind for their safety and the safety of their loved ones. AB82 will provide that same sense of security to gender for Medicare providers. For these reasons, we respectfully ask for your aye vote.

  • Symphoni Barbee

    Person

    And with me is Lisa Matsubara, General Counsel for any technical questions.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB82?

  • Nicole Wordelman

    Person

    Nicole Wortleman, on behalf of the Children's Partnership, in support, thank you.

  • Craig Pulsmer

    Person

    Craig Pulsmer on behalf of Equality California, PROUD co sponsor, in support, thank you.

  • Becca Cramer Mowder

    Person

    Becca Cramer-Mowder with Kaiser Advocacy on behalf of Electronic Frontier foundation and PROUD support, thank you.

  • Kathleen Mossburg

    Person

    Kathy Mossberg, Essential Access Health in support, thank you.

  • Jonathan Clay

    Person

    I'll just bend over. Good morning. Jonathan Clay, on behalf of Trans Family Support Services and Alliance for Trans Youth Rights, in support, thank you.

  • Rebecca Gonzales

    Person

    Rebecca Gonzales, Western center on Law and Poverty and support, thank you.

  • Yadi Yance

    Person

    Yadi Yance with Oakland Privacy and support, thank you.

  • Ryan Spencer

    Person

    Ryan Spencer, American College of OBGYN's District 9, in support, thank you.

  • Ash Kalra

    Legislator

    Is there anyone here in opposition to AB82? Okay. Bring it back to Committee. Oh there is. Okay.

  • Sophia Lori

    Person

    Hi. Sophia Lori with California Family Council in opposition. Thank you.

  • Ash Kalra

    Legislator

    Thank you, Assembly Member Stefani.

  • Catherine Stefani

    Legislator

    Thank you, Chair. Thank you to the author for bringing this forward. As someone with a Trans brother, I very much appreciate this Bill. I'm the co author of the companion Bill in the Senate, so I would love to be added as co author.

  • Ash Kalra

    Legislator

    Thank you, Assembly woman.

  • Ash Kalra

    Legislator

    And do we have a motion? A motion. A second? Assembly Member Connolly?

  • Damon Connolly

    Legislator

    Please add me as a co author as well.

  • Ash Kalra

    Legislator

    Thank you, Mr. Connolly. Any other questions or comments? I also would like to be added as a co author. Appreciate your work in this space.

  • Ash Kalra

    Legislator

    Unfortunately, this work needs to be done right now, and we need to ensure that those providing the care are protected, the patients are protected. And in California, we're going to ensure we protect our transgender community, our transgender youth. And this Bill goes a long way in doing that. Would you like to close?

  • Chris Ward

    Legislator

    Thank you, Mr. Chair. Thank you for the strong support and the additional co authors. We're really grateful to receive. I, you know, recognize that this came out of its first policy Committee with bipartisan support and no opposition. And I think that's because the fundamentals of this Bill are to ensure a few things.

  • Chris Ward

    Legislator

    And I hope that we find agreement and alignment that no one's private health care data should be tracked and shared for others to target them and their family, that parents and families should not be criminalized for ensuring that their loved ones receive their designated and due health care, and no one should be threatened with violence and for assaulting and providing legal health care that they were trained to provide with those, I think, principles in play.

  • Chris Ward

    Legislator

    I would respectfully ask for your aye vote.

  • Committee Secretary

    Person

    Motions do pass to Appropriations. Kalra.

  • Ash Kalra

    Legislator

    Thank you.

  • Committee Secretary

    Person

    Aye.

  • Committee Secretary

    Person

    Dixon. Aye. Bauer-Kahan. Brian Connolly.

  • Committee Secretary

    Person

    Kalra aye. Dixon.

  • Committee Secretary

    Person

    Connolly aye. Harabedian. Macedo.

  • Damon Connolly

    Legislator

    Aye

  • Alexandra Macedo

    Legislator

    Not voting.

  • Committee Secretary

    Person

    Zbur. Aye.

  • Committee Secretary

    Person

    Papan. Aye. Sanchez. Stefani.

  • Committee Secretary

    Person

    Pacheco. Pacheco Aye. Papan.

  • Catherine Stefani

    Legislator

    Aye.

  • Committee Secretary

    Person

    Stefani aye. Zbur.

  • Diane Papan

    Legislator

    Aye.

  • Rick Chavez Zbur

    Legislator

    Aye.

  • Ash Kalra

    Legislator

    All right, that Bill is up. And I believe you have one more Assembly Member Ward?

  • Chris Ward

    Legislator

    I indeed do. Down on file item 27. This is AB 1355. I'll ask my morning witnesses to come up to the the table, but I'll get started in the interest of time. Mr. Chair and Members, first, I want to take a moment to really thank our Committee staff for working with closely on the bill, and we'll be accepting the Committee amendments which were outlined in the analysis. We know that Californians are more vulnerable to digital exploitation than ever before.

  • Chris Ward

    Legislator

    Our mobile devices are ubiquitous in our daily lives, with consumers keeping their phones with them at all times. Now, these devices have an incredible power to track a user's location and generate shockingly accurate records of a user's whereabouts and routines throughout the day.

  • Chris Ward

    Legislator

    Of course, we have a lot of other activity, a lot of other ways that data is being recorded in public spaces, which means that, even if a consumer takes steps to be able to reduce their personal device use, they are not able to avoid near constant surveillance while interacting in public spaces. In the last five years, the Federal Trade Commission has filed numerous complaints and lawsuits exposing some of the conduct of large data brokers, or large LDBs, with four cases filed in 2024 alone.

  • Chris Ward

    Legislator

    In those complaints, the Commission alleged that location data brokers collected billions of location data points and timestamps, which could affect and offer insights into people's movements. This information is then repackaged and sold to their clients, who often use it to trace the movements of individuals to and from sensitive locations.

  • Chris Ward

    Legislator

    Some of those sensitive locations could include medical facilities, places of relationship worship, domestic abuse shelters, welfare and homeless shelters, and on and on. Location data is extremely sensitive, and when collected en masse, it can expose every aspect of a consumer's life.

  • Chris Ward

    Legislator

    The sale of this data undermines our civil liberties and puts our most vulnerable populations at risk of stigma, discrimination, and violence. So this bill, AB 1355, also known as the California Location Privacy Act, would safeguard the privacy of Californians by placing restrictions on the collection, use, and sale of location data.

  • Chris Ward

    Legislator

    Specifically, the bill would make it unlawful for a covered entity to do any of the following: collect more precise location information than necessary to provide the goods or services that's requested by the individual, retain location information longer than necessary to provide the goods or services requested by the individual, sell, rent, or trade or lease location information to third parties, or derive information from derive or infer location information from any data that is not necessary to provide the goods or services requested by an individual.

  • Chris Ward

    Legislator

    The FTC made it clear in their reports that this conduct undermines our civil rights and puts all consumers in danger from exploitation. Unfortunately, since the publication of the reports, all actions at the federal government level have seemingly stalled. AB 1355 takes bold action at our state level to safeguard consumer privacy, ensure the safety of all Californians is a top priority. We have here today to speak in support Matthew Schwartz, a Policy Analyst for Consumer Reports, and Lan Le, the Policy Advocate at Asian Americans Advancing Justice for Southern California.

  • Ash Kalra

    Legislator

    Thank you.

  • Matt Schwartz

    Person

    Chair and Members of the Committee, my name is Matt Schwartz. I'm a Policy Analyst at Consumer Reports. Thank you for allowing me to testify. I'm here as a proud sponsor of AB 1355, which will establish common sense protections around the collection and use of geolocation information.

  • Matt Schwartz

    Person

    Most importantly, it will ban the sale of consumer sensitive geolocation outright, ensuring baseline protections that will take the burden off of consumers to protect their own privacy. This should not be a controversial idea. The weather app on your phone may well need access to location information and give you an accurate forecast, but it shouldn't be selling that information to data brokers behind your back.

  • Matt Schwartz

    Person

    Location information is an incredibly sensitive form of personal information that can reveal where you worship, where you go to the doctor, the location of your family and children throughout the day, whether you're at a protest, or more. Given the sensitivity around this topic, we've seen several states around the country move to create similar protections to the ones being considered today. Last year, Maryland enacted a broad prohibition on selling geolocation data that was part of their comprehensive privacy law. Lawmakers in Oregon and Massachusetts are currently considering similar prohibitions.

  • Matt Schwartz

    Person

    While the CCPA does cover geolocation information along with other personal data and CCPA's provisions are difficult to use in practice. For example, CCPA gives you the right to opt out of data sharing, but you generally have to do it site by site, app by app.

  • Matt Schwartz

    Person

    Plus, with the rise of smart technology, more and more devices are collecting geolocation too. If you have a car made in the last 10 years, it can probably collect your precise geolocation data. Several carmakers and insurance companies have been caught secretly collecting and sharing our location data in just the last six months.

  • Matt Schwartz

    Person

    Do you know how to go and turn that off? Because most people don't. CCPA is a good start, but it was designed to be improved over time. This bill would simply enact universal protections for location data so you can trust the apps on your phone just as well to deliver the services you requested. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Lang Le

    Person

    Good morning, Chair and Committee Members. My name is Lan Le. I'm a policy advocate, and for many years, I've worked directly with survivors of domestic violence, human trafficking, and sexual assault, many of whom are immigrants with limited English proficiency.

  • Lang Le

    Person

    And in a moment of crisis, survivors who are fleeing violence should not have to stop and wonder if using their phones to text someone for help, find directions, or request a ride might further endanger them, especially when the stakes are already so high. For many of us, asking for help is difficult.

  • Lang Le

    Person

    Imagine how difficult it is to ask for help in a language that you don't speak, let alone try to understand and navigate the complex terms of service, the privacy settings, or understand how your personal information is shared, even when language isn't a barrier and a survivor takes every possible step to stay hidden.

  • Lang Le

    Person

    Change their name and address, move to a secure shelter, start a new job, enroll their children in a different school. None of these efforts matter if their location data is sold without their knowledge. For survivors, the sale of their location data is more than just an invasion of their privacy. It is a threat to their safety and the safety of those around them because a handful of data points can lead an abuser or a trafficker straight to their door.

  • Lang Le

    Person

    As both an advocate and a survivor, I ask you to vote for AB 1355 to stand with survivors, advocates, and other vulnerable community members, including immigrants, LGBTQ plus individuals, students, all of whom are in your districts, many of whom are living in fear. Your support would affirm that their lives are worth protecting, their dignity worth defending, and their futures worth safeguarding. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1355?

  • Mariko Yoshihara

    Person

    Mariko Yoshihara on behalf of the California Initiative for Technology and Democracy, a proud co-sponsor, and TechEquity Action in strong support.

  • Ash Kalra

    Legislator

    Thank you.

  • Becca Cramer Mowder

    Person

    Becca Cramer-Mowder on behalf of PFLAG Sacramento, Tech Oversight California, Electronic Privacy Information Center, EPIC, Access Humboldt, Electronic Frontier Foundation, Privacy Rights Clearinghouse, ACLU California Action, California Partnership to End Domestic Violence, Consumer Federation of California, Secure Justice, and CALPIRG in strong support.

  • Ash Kalra

    Legislator

    Thank you.

  • Yadi Younse

    Person

    Yadi Younse with Oakland Privacy in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Sara Flocks

    Person

    Mr. Chair and Members, Sara Flocks, California Federation of Labor Unions, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Nichole Rocha

    Person

    Nichole Rocha on behalf of Tech Oversight California in strong support.

  • Ash Kalra

    Legislator

    Thank you.

  • Kristin Heidelbach

    Person

    Kristin Heidelbach here on behalf of UFCW Western States Council in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Robert Herrell

    Person

    Good morning, Mr. Chair and Members. Robert Herrell with the Consumer Federation of California, was able to make it inside from the sauna, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Navnit Puryear

    Person

    Navnit Puryear on behalf of the California School Employees Association in support.

  • Ash Kalra

    Legislator

    Thank you. I didn't know we had sauna services here. Anyone here in opposition to AB 1355?

  • Ronak Daylami

    Person

    Good morning. Ronak Daylami with CalChamber in opposition to AP 1355. When the Legislature passed the CCPA, it did so as a tech neutral and industry neutral comprehensive statute governing all forms of PI for all California consumers and businesses who meet certain thresholds, regardless of whether they are online or in brick and mortar stores.

  • Ronak Daylami

    Person

    The act covers more than just personally identifiable information. It covers any information that is reasonably capable of being associated with or could reasonably be linked directly or indirectly with a person or household. Since its passage, one of the categories of PI that the law has expressly covered includes geolocation information.

  • Ronak Daylami

    Person

    And when voters passed Prop 24, they added precise geolocation information as a form of sensitive PI with special protections, such as the right to limit the use and disclosure of that information. As a result, consumers now have greater knowledge and control over their data, which includes various rights most relevant to this bill.

  • Ronak Daylami

    Person

    Those rights relate to the collection, processing, use, sale, sharing, disclosure, deletion access, and more. And the various rights and obligations apply to service providers, vendors, and even third parties, not just the first party business that the consumer comes into contact with.

  • Ronak Daylami

    Person

    Whereas covered businesses may be limited, third parties notably include everyone, including data brokers, for example. And once information is in their hands, they cannot further sell the consumer's data without providing the consumer explicit notice and opportunity to opt out.

  • Ronak Daylami

    Person

    As recently amended, AB 1355 would now try and replace geolocation data, displaced geolocation data from the CCPA, moving it into its own statute prohibiting the collection and processing of that data as uniquely defined under the under this bill in a manner that's totally different from the CCPA.

  • Ronak Daylami

    Person

    Under the current version of the bill, the bill neither allows an opt in nor recognizes the CCPA's existing opt out, nor does it port over any of the necessary exemptions from the CCPA that are essential to making a law that deals with such an overly broad framework of PI workable, let alone delete any... Sorry, let alone move over any of the exemptions from that framework that are necessary to make it work. So again, we do oppose. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Jake Lestock

    Person

    Good morning, Chairman, Members Committee, Assemblyman Ward. My name is Jake Lestock, and I'm here today on behalf of CTIA, the trade association representing the wireless communications industry. First and foremost, location information plays an indispensable role in protecting consumers from security issues, fraud, illegal activities, and provides support for law enforcement as well as providing consumers a vast array of beneficial uses and services.

  • Jake Lestock

    Person

    CTIA opposes AB 1355 as amended because it continues to raise security concerns and will create operational barriers and confusion, undermining critical goods and services that rely on location information. The bill would stifle critical security and safety uses for location information, including routine fraud detection and prevention operations.

  • Jake Lestock

    Person

    Wireless providers analyze location information about where a consumer logs onto online accounts and where the consumer's cell phone is in order to determine that there's no fraudulent activity happening and prevent identity theft. Amendments were included to try and address this issue, but it did not hit the mark.

  • Jake Lestock

    Person

    There's still strict limitations on the use of location information for security purposes, including a 24 hour maximum retention period. This narrow window would not be sufficient to accomplish many security activities. It also prohibits disclosing location information to the government without a valid court order.

  • Jake Lestock

    Person

    This could disrupt already existing critical information sharing with law enforcement in emergency scenarios and exigent circumstances, which could put consumers at risk of death or other physical injury. Additionally, it defines individuals based on where they are located and not where they reside. This could have anti-privacy and anti-security outcomes by leading to more location information being tracked in order to comply.

  • Jake Lestock

    Person

    It would also require highly detailed disclosures, which could provide a roadmap for bad actors to track and target sensitive data, as disclosing the identities of certain service providers and third parties and specific data retention schedules would be required. The bill also would disrupt innovative goods and services that rely on location information.

  • Jake Lestock

    Person

    The bill's requirements would, requirements for the collection and processing location data would lead to unworkable user experiences. It would require an unwieldy one size fits all notice at the point where location information was captured. We respectfully oppose this, as well as further straying from CCPA standards and definitions as well as the private right of action.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition AB 1355?

  • Cory Salzillo

    Person

    Good Morning, Mr. Chair and Members. Cory Salzillo on behalf of the California State Sheriff's Association in opposition. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Matt Moretti

    Person

    Mr. Chair and Members, Matt Moretti on behalf of the Association of National Advertisers in opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Scott Govenar

    Person

    Mr. Chair and Members, Scott Govenar on behalf of the American Financial Services Association and the California Financial Services Association in opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Jason Lane

    Person

    Jason Lane, California Bankers Association, in opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Margaret Gladstein

    Person

    Margaret Gladstein, Security Industry Association, in opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Dylan Hoffman

    Person

    Morning, Mr. Chair. Dylan Hoffman on behalf of TechNet, respectfully opposed. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Naomi Padron

    Person

    Good morning, Chair and Members. Naomi Padron on behalf of the Association of California Life and Health Insurance Companies in respectful opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Juanita Martinez

    Person

    Hi. Juanita Martinez on behalf of CalBroadband in opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Aodhan Downey

    Person

    Aodhan Downey representing the Computer and Communications Industry Association in opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Eileen Ricker

    Person

    Good morning. Eileen Ricker with the California Credit Union League in respectful opposition.

  • Ash Kalra

    Legislator

    Thank you. Bring it back to Committee. Any... Assembly Member Zbur.

  • Rick Chavez Zbur

    Legislator

    Assembly Ward, thank you for bringing this bill. I'm going to support it today. I do think that there's some legitimate... These are really complicated bills and recognize that, and it's really hard to get it completely right at the outset of a bill. But I do think that the opposition has raised some legitimate concerns.

  • Rick Chavez Zbur

    Legislator

    And I know that we had some texting back and forth and that you had really indicated that you're willing to continue working with the opposition to sort of narrow some of those issues. And so just wanted to confirm that on the record and let you know that I'd be supporting the bill with that.

  • Chris Ward

    Legislator

    Thank you for the question. Yes. So there have been, I think, a number of issues that were discussed in Privacy Committee that we have been starting to address. Had some meetings with some of the opponents that have been coming into the office to be able to work on some of those, and certainly more to be had on issues. For example, about a 24 hour retention requirement. I think it was a good starting point.

  • Chris Ward

    Legislator

    I acknowledge that it's one that, you know, reasonably can be extended as well to a point where you're balancing that need to protect the security interests of the retailer and the public, but also making sure that data and the intents of the bill that we're doing to safeguard your privacy data is adhered to.

  • Chris Ward

    Legislator

    There are some challenges when we come into, you know, the intersection of what law enforcement could or could not be able to do with regard to procuring some of this information. The ability to, you know, certainly have that information subject to a court order, you know, would be unimpeded.

  • Chris Ward

    Legislator

    But I think it's that issue about whether a court order needs to be required or not. I think that's just sort of as a black or white question. It really does need to be and doesn't impede their ability to be able to use information that already is sort of subject to ALPR data or other data systems that are already really regulated within public, the public domain.

  • Chris Ward

    Legislator

    I know this is something that also is running into what was tested by the Supreme Court with regard to cell phone tower data as well. Some of the very same principal issues are now being resuscitated and rehashed not just through other cases, but also in this case as well too.

  • Chris Ward

    Legislator

    So we're trying to be consistent with that precedent established in 2018. Of course, this is going to take, I think, a lot of other conversations and many steps ahead of us. I know the Assembly Appropriations Committee is coming up as well, and I expect we'll probably be taking some amendments there. If the Chairwoman is present, you know, she's heard me on the record there too. And so I hope that that would give you some comfort as well.

  • Rick Chavez Zbur

    Legislator

    No, it does. I just, you know, I just think the Chamber and Retailers have raised some legitimate concerns and really appreciate your willingness to continue working with them.

  • Ash Kalra

    Legislator

    Thank you. Madam Vice Chair.

  • Diane Dixon

    Legislator

    Thank you, Mr. Chair. I appreciate hearing that you're working with those who have expressed opposition, especially the letters and the contacts we've received from law enforcement. It is concerning and especially on the license plate reader. I know in many cities in Orange County, I can't speak beyond Orange County, but there is a technology that is identifying after a home robbery. The license plate reader triggers law enforcement awareness, and those people who have been committing those crimes, alleged to commit those crimes, are being sought after and arrested.

  • Diane Dixon

    Legislator

    So it's creating positive effects in our communities to deal with the continued rising crime and home invasions and other kinds of invasions of robberies and such. I cannot support it, but I'm very pleased to hear. And the private right of action is a concern of mine. It seems very excessive. Any private right of action is excessive in my mind. But I appreciate it seems that you're working on privacy issues in both committees. So I know you've got a lot of work ahead of you, but thank you for working on ways to improve it.

  • Chris Ward

    Legislator

    Thank you, Madam Vice Chair. And again, just to underscore and give you some modicum of comfort that nothing prohibits, for example, I think what you were talking about, a lot of our publicly owned systems that are using ALPR technologies is not affected by this bill.

  • Diane Dixon

    Legislator

    What about the court order? I don't really understand.

  • Chris Ward

    Legislator

    The court order reply. Let's say if I'm just going to use, not call them out, like specifically like I know anything in particular. Let's say like Home Depot was a company that, you know, was using cameras and technology to monitor and safeguard, you know, their parking lot and look for retail theft.

  • Chris Ward

    Legislator

    What would prevent law enforcement to come in there and saying, hey, Home Depot store, I want to see all your information. I want to know who is here and I want you to digitally download all this information. And then once it's gone and it's out of Home Depot's control, right, then you know, that's not very well regulated then within the space of what they can and can't do with that information and that data. So that stood that could be for subject for a court order.

  • Chris Ward

    Legislator

    If we have this, you know, person that's out there driving around in the community and you want to be able to get information that could be broadly subject and then would allow them to be able to transmit that information if you're looking for that person. But I don't want to look for the 5,000 other customers that intersected that parking lot there that day to understand who was about, out and about shopping on a Saturday morning and kind of what they were doing with their personal lives.

  • Diane Dixon

    Legislator

    Is that really... Does that happen?

  • Chris Ward

    Legislator

    It is absolutely able to happen. And then I think the open privacy question, right, is, you know, what happens to your personal information if it's now housed on somebody's server?

  • Diane Dixon

    Legislator

    Well, just for my own edification, is there an expectation when you have a car license plate that it's private information? I mean, you're driving everywhere, you're exposed. You, I don't know, legally, have you given up the right to privacy when you're driving your car and you have a license plate and you're... It gets swept up. I don't...

  • Chris Ward

    Legislator

    It's a big question about how we want government to intersect with our right to be able to move about freely with privacy in mind. So you have, you have that, which is why we regulate that in the public space.

  • Diane Dixon

    Legislator

    I'm sorry, what?

  • Chris Ward

    Legislator

    That's why we regulate that in the public space. About what you can and can't do with regard to procuring that information, accessing it, and then what the public agencies would need to do to hold onto that information or otherwise destroy it.

  • Chris Ward

    Legislator

    But that, that's just, that's a conversation that we have at both the state. Sometimes it'll look a little. But I appreciate that and I know that you've offered bills as well that have a tackle to private right of action as well. And the interest here is that if somebody was materially harmed, that they would have an opportunity to be able to seek restitution.

  • Diane Dixon

    Legislator

    I'd like to see the data on that. Okay, thank you.

  • Ash Kalra

    Legislator

    Thank you. Assembly Member Stefani.

  • Catherine Stefani

    Legislator

    Thank you, Chair. I would just like to align myself with the comments of Assembly Member Rick Zbur, and I will be voting for it today, but hoping that those issues can continue to be worked on. Thanks.

  • Ash Kalra

    Legislator

    Do we have a motion? We have a motion and a second. Thank you, Assembly Member Ward. Very challenging issue to delve into, but very important. I do think that it does require us to kind of get in the weeds somewhat. But I think your intention is an important one. And so it does have a do pass as amended recommendation. Would you like to close?

  • Chris Ward

    Legislator

    Respectfully request your aye vote.

  • Ash Kalra

    Legislator

    Thank you.

  • Committee Secretary

    Person

    Motion's do pass as amended to Appropriations. [Roll Call]

  • Ash Kalra

    Legislator

    All right, that needs to be more replacement on call. Thank you, Senator McKinnor. And before we get started here, just for the record, at 1, we're going to have a special order of business at 1:30pm for AB 56 Bauer-Kahan and AB 1064 Bauer-Kahan.

  • Ash Kalra

    Legislator

    Additionally, AB 1157 Kalra, in consultation with the co sponsors as well, will be withdrawn.

  • Tina McKinnor

    Legislator

    Good morning. Yes. Mr. Chair and Members. AB62 seeks to provide a pathway for restitution to individuals and families who were displaced through the use of racially biased eminent domain.

  • Tina McKinnor

    Legislator

    Throughout the 20th century, local and state governments used eminent domain for public development, urban renewal and highway construction, displacing mostly poor black and Latino communities and causing significant economic, emotional and physical harm to these residents. These actions devastated families, destroyed intergenerational wealth and fractured entire communities.

  • Tina McKinnor

    Legislator

    AB62 responds to these harms by authorizing local and state agencies to evaluate past imminent domain takings and where inappropriate or unjustified takings are identified, offer appropriate restitution, including returning land to providing compensation. This bill is about right in historical wrongs and creating a process to address and repair damage still felt today.

  • Tina McKinnor

    Legislator

    It is important to note that AB62 builds on the work of SB796 by former Senator Steve Bradford, which enabled the return of Bruce's speech to the Bruce family in Los Angeles County. A concrete example of how the government can and should address these types of hysterical injustices.

  • Tina McKinnor

    Legislator

    An additional example is in the City of Palm Springs recent settlement agreement to provide restitution to black and Latino families living in what was then called Section 14. California has already taken steps to examine the legacy of past policies through the Racial Equity Commission and other efforts.

  • Tina McKinnor

    Legislator

    AB62 continues this work by addressing one of the most significant forms of harm caused by the use of racially biased eminent domain. It is time for us to repair this harm and I respectfully ask for your Aye vote on AB62. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB62?

  • Mitch Steiger

    Person

    Mitch Steiger, with CFT in support.

  • Monea Jennings

    Person

    Good morning. Monea Jennings, on behalf of the Greater Sacramento Urban League in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Tasia Stevens

    Person

    Good morning. Tasia Stevens, on behalf of Catalyst California in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Yadi Younse

    Person

    Yada Yance with Oakland Privacy and support.

  • Ash Kalra

    Legislator

    Thank you.

  • Lizzie Kutzona

    Person

    Lizzie Kutzona with the California Faculty Association in support, thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Tasia Stevens

    Person

    Sorry. Coming again, Tasia Stevens, for the Alliance on Reparations, Reconciliation and Truth, and strong support.

  • Ash Kalra

    Legislator

    Thank you.

  • Rebecca Gonzales

    Person

    Rebecca Gonzalez, Western Center on Law and Poverty and support.

  • Ash Kalra

    Legislator

    Thank you.

  • Melana Davis

    Person

    Melana Davis, speaking for Where's My Land? In support.

  • Ash Kalra

    Legislator

    Thank you.

  • Ash Kalra

    Legislator

    Is there anyone here in opposition to AB62?

  • Ash Kalra

    Legislator

    Okay, we'll bring it back to the Committee. Any questions or. We have a motion and a second. Any questions or comments? Thank you so much, Assembly Member McKinner, for bringing this Bill forward. We already have had clear. Well, the evidence is clear.

  • Ash Kalra

    Legislator

    But we've also had cases, as you met, as you referred to, that have come to light of racially motivated takings. And so I appreciate you furthering the work of the Reparations Commission. Would you like to close? Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    All right, we'll place that on call. Thank you. Thank you. Senator. Get in that seat right now before someone else shows up. I know I've been in that position before. Like looking at the door. And you have two bills before yesterday, starting with. But it worked, right? You're a file item 14. And here you are. AB853.

  • Buffy Wicks

    Legislator

    Yes, AB 853. Thank you, Mr. Chair and members. AI technology provides new opportunities to grow our economy and when used properly, can improve efficiencies in everyday lives and industries. However, with this technology, new concerns have been raised. One of the most significant issues that has been raised surrounding AI is transparency of the content that is produced.

  • Buffy Wicks

    Legislator

    Specifically, AI technologies have been evolving rapidly, and these technologies have been developed to make it easier for images, audio and video to be created, manipulated and edited. Bad actors can use AI technology to create scams and fraudulent impersonations, disseminating harmful content of women and children, and spread disinformation and deep fakes which impacts public trust and information.

  • Buffy Wicks

    Legislator

    There have been a number of bills from previous sessions that have aimed to address some of the transparency concerns raised by AI and AB 853 would build upon the work of previous legislation by requiring more transparency of content on large online platforms and capture devices.

  • Buffy Wicks

    Legislator

    Specifically, AB 853 would require large online platforms to retain Providence data that is provided or posted on the platform and make that information available to users and require capture devices to offer the ability to include providence data in content. Testifying in support, I believe. Yes.

  • Buffy Wicks

    Legislator

    Who just arrived are sponsors of the bill from cited Ken Wang and David Evan Harris.

  • Ken Wang

    Person

    This is on hopefully. Good morning, Chair and members. My name is Ken Wang and I'm the Senior Policy Advisor for the California Initiative for Technology and Democracy, a project of California Common Cause. We're proud to sponsor AB853 which would extend the provenance requirements under the SB942, the California AI Transparency Act, to large online platforms and capture devices.

  • Ken Wang

    Person

    Sighted was established to seek state level solutions to the threats that disinformation, AI and other emerging technologies pose to our democracy. Through a cross disciplinary approach advised by leaders from civil rights and civic engagement, law and public policy, industry and tech, and more, It fights for a digital democracy that works for all.

  • Ken Wang

    Person

    To that end, CITD is proud to sponsor AB 853, which would add important tools to our arsenal to help stem the tide of online disinformation. This bill builds on important foundations laid by SB 942 by strengthening the law's existing providence requirements through extending it to recording devices capturing authentic content.

  • Ken Wang

    Person

    This bill also increases the utility of providence information by requiring large online platforms to make providence available to access by users. We hope these urgent policy interventions will help rebuild trust in our information ecosystem.

  • Ken Wang

    Person

    Given the absence of meaningful federal policy, California must continue to lead on this critical issue and we'd like to thank Assemblymember Wicks for your continued leadership. And with that, I'll turn it over to CITD's technical advisor David Harris to walk through the technical aspects of the bill.

  • David Harris

    Person

    Chair, Vice Chair, members of the committee, it's an honor to speak with you here today in strong support of AB 853, a bill that will help Californians differentiate between authentic and AI generated content online. My name is David Evan Harris and I'm here in my capacity as Senior Policy Advisor to CITD.

  • David Harris

    Person

    I also am a Chancellor's Public Scholar at UC Berkeley and a Senior Advisor for AI and Elections to the Brennan Center for justice at NYU Law School. I've advised the White House, Congress, Eu, Un and NATO on AI.

  • David Harris

    Person

    I also previously worked at Facebook and then Meta from 2018 to 2023 as a research manager on the Civic Integrity and responsible AI teams. A lot has changed in the years since I last testified before this committee about provenance. Sharing of AI generated content on social media platforms has risen. Barriers to producing realistic imagery decrease every month.

  • David Harris

    Person

    Realistic real time AI generated audio and video are here Nonetheless, the Coalition for Content, Provenance and Authenticity, the most important group developing provenance tools, has continued to improve upon its technology, strengthening its resilience against bad actors. Integration of provenance tech into cameras, another crucial requirement of the bill, has also increased.

  • David Harris

    Person

    Leica, Sony, Canon, Nikon and Fujifilm now support C2PA technology. Major online platforms including Meta, TikTok, Amazon and LinkedIn also now nominally support C2PA, but alas big tech companies are still failing to deliver on promises. They've made involuntary commitments at the White House and the Munich Security Conference to meaningfully implement provenance technology.

  • David Harris

    Person

    Without legislation like AB 853, we absolutely cannot count on tech companies to follow through on their voluntary commitments to implement provenance tech. Please support AB 853 to protect women and children from the threat of non consensual intimate imagery, to protect the elderly from scams, and to protect the integrity of our information environment and our democracy.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 853?

  • Samantha Gordon

    Person

    Good morning. Sam Gordon with TechEquity here in support. Thank you.

  • Nichole Rocha

    Person

    Nicole Rocha with Tech Oversight California in support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 853?

  • Dylan Hoffman

    Person

    Good morning, Mr. Chair and members. Dylan Hoffman on behalf of TechNet, respectfully opposed to AB 853 in its current form. Last year the Governor signed SB 942 which TechNet negotiated amendments and successfully removed our opposition to and that bill takes effect in in 2026.

  • Dylan Hoffman

    Person

    We also had very productive conversations with Assemblymember Wicks on her bill and the sponsors as well, and anticipate doing the same again this year.

  • Dylan Hoffman

    Person

    But we believe more time is needed to evaluate that existing framework and how some of these provisions in 853 would apply to consumer focused products as most don't support this technology natively as of yet, manufacturers and platforms are actively working through industry led coalitions such as CTPA which was mentioned earlier, to develop these provenance standards and these technologies are still evolving and many of the bill's requirements, especially for capture devices like cameras, are not yet technically or commercially feasible.

  • Dylan Hoffman

    Person

    Phased approach could better balance consumer choice and implementation realities. Also want to raise that the bill's retention requirements raise some operational and privacy concerns as provenance data can be lost unintentionally and clarifying platform responsibility, especially for embedded or third party content, would help avoid some of that confusion.

  • Dylan Hoffman

    Person

    We appreciate the conversation thus far and look forward to working with the author's office as the bill moves forward. Appreciate it.

  • Aodhan Downey

    Person

    Thank you for the opportunity to speak today. I'm Aodhan Downey. I serve as the State Policy Manager for the Computer and Communications Industry Association and international not for profit Tech Trade Association.

  • Aodhan Downey

    Person

    As digital content authenticity tools such as provenance and watermarking advance leading manufacturers and online services are collaboratively shaping emerging standards to enhance trust and transparency across the Internet. These technologies hold considerable promise, but they're still evolving and premature regulatory mandates risk imposing unnecessary costs on consumers, stifling innovation and creating new vulnerabilities for user privacy.

  • Aodhan Downey

    Person

    A flexible phased approach grounded in open standards and voluntary adoption is essential to ensure sustainable progress. At the same time, rigid compliance mandates introduced at this early stage raise profound constitutional concerns. In particular, policies that condition intermediary liability or obligations on the presence of Providence and metadata threaten to chill lawful speech and violate core First Amendment protections.

  • Aodhan Downey

    Person

    If websites are exposed to penalties for hosting content where the metadata has been stripped, altered, or lost, whether intentionally or inadvertently, they will face strong incentives or over or strong incentives to over moderate. Faced with the risk of enforcement action or lawsuits, sites would likely remove lawful expression preemptively even when the underlying content possesses no harm.

  • Aodhan Downey

    Person

    This chilling effect would fall disproportionately on marginalized, dissenting or vulnerable voices, specifically those communities most reliant on user generated content sites to reach audiences.

  • Aodhan Downey

    Person

    Moreover, by compelling private businesses to act as an enforcement arm of government policy based not on the substance of content but on technical attributes such as Metadata, such mandates would risk violating the First Amendment prohibition against government compelled censorship.

  • Aodhan Downey

    Person

    The Constitution does not permit the state to coerce private actors into suppressing lawful speech under the guise of regulatory compliance. The mere absence or imperfection of metadata, particularly in a dynamic global content system, cannot become a lawful basis to penalize websites or suppress speech.

  • Aodhan Downey

    Person

    Policies that fail to respect this principle risk not only constitutional infirmity, but also undermining broader public trust in the very systems they seek to bolster.

  • Aodhan Downey

    Person

    The unintended consequences of the bill risk undermining the progress achieved through Senate Bill 942 from last session toward building more trustworthy internet as the framework for digital content authenticity continues to evolve, policymakers must prioritize approaches that protect innovation, safeguard user privacy, and uphold the fundamental rights to free expression that form the cornerstone of democratic society. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Anyone here? Anyone? Anyone else here in opposition to AB 853? Okay, bring it back to the committee. Assembly Member Zbur.

  • Rick Chavez Zbur

    Legislator

    I want to thank the author for bringing this bill. This is not one of the marquee bills out there, but I think it's actually one of the more important ones and so I want to thank you for bringing it. I'll be supporting it today and would love to be added as a co author.

  • Ash Kalra

    Legislator

    Any other questions or comments? Madam Vice Chair.

  • Diane Dixon

    Legislator

    Thank you, Mr. Chair. And you brought the similar bill last year. Yes, I agree. It's, it's going to be important. I'm concerned that we're and we're quite not there yet. Could you just edify for me? I've heard provenance data. We know what provenance means, but how do you actually see it visually?

  • Diane Dixon

    Legislator

    What would happen inside a camera or computer or whatever? What would that look like?

  • Buffy Wicks

    Legislator

    Yeah, well, in its most basic form, what we're trying to do here is for a user to understand what is real and what is fake and requirements both to the hardware, but also the distribution platforms to be able to ensure that.

  • Buffy Wicks

    Legislator

    I'd love to turn over to my technical witness firm to describe though, what that actually looks like.

  • David Harris

    Person

    Yeah, thank you so much for that excellent question, Assemblymember Dixon. There are multiple types of provenance data that loosely fall into a couple of categories. One you can think of as digital signatures.

  • David Harris

    Person

    And what this bill would require is that you not be forced to, but have the option to on your phone, when you take a picture or record a video or audio, that you get the option to click a button that says I want to sign this.

  • David Harris

    Person

    And that signature could say that you took that picture, that it was recorded on a certain date. If you opt in, you could say this is where I took it. And that would give you the ability to prove and to say to other people that that's your piece of authenticity.

  • Diane Dixon

    Legislator

    Isn't that already on our Iphones?

  • David Harris

    Person

    So the interesting thing is that information, when you upload it to social media platforms often gets stripped away. And part of what this bill does is require the social media platforms not only keep that information, but but create a label that's visible to everyone who sees that on social media.

  • David Harris

    Person

    That where you can click and you can see it's probably the label says something like authentic image. Then you click on it, you can see all the details of it. And there's a similar process for generating a label that a social media platform would show for AI generated images and that wouldn't rely on.

  • David Harris

    Person

    It could rely on a signature.

  • David Harris

    Person

    If you're an artist that uses AI to create your work, you could sign it, but it could also be something that simply says this was AI generated by OpenAI or by Google Gemini and allow you again to click on that and get more information about what system generated it when the details of the version.

  • Diane Dixon

    Legislator

    Well, I think actually I support that latter part that require AI generated images content to be identified. It's like branding that as this has been generated. I think that's excellent idea. However, personal information I actually am concerned about. I mean, we all see that on our images. It says where was it taken? You know, Stanford, Connecticut.

  • Diane Dixon

    Legislator

    What do I want people to know that I was in Connecticut or where I was. If it's a picture of Thanksgiving dinner or something. You know how I would like that information not to be released? And I think I can control that now, right?

  • David Harris

    Person

    Yeah, you can control that now.

  • Diane Dixon

    Legislator

    How can you segregate it, I guess is my question.

  • David Harris

    Person

    So the way we've designed this is that it is opt in. So the default, when you get a new phone, that information is not shared with anyone. You have to click on something to say that you want that to be there. Okay.

  • Diane Dixon

    Legislator

    But on the AI, that it is not opt in.

  • David Harris

    Person

    On the AI, it's automatically there.

  • Diane Dixon

    Legislator

    Okay. But when do the two intersect?

  • David Harris

    Person

    If you're in your newsfeed on Facebook or Instagram or X, you might see an AI generated image followed by I'd like to know that. All right. And there would also be a label that says, no provenance information available to tell you that that's not there. So you might see in your newsfeed three different types of labels.

  • David Harris

    Person

    One for authentic, one for synthetic. And those words are up to the companies to choose. And one for not available.

  • Diane Dixon

    Legislator

    Okay. There's still work to be done, but I appreciate the direction you're going in.

  • David Harris

    Person

    Part of the reason why this is not overspecified is the feedback that we got from our opposition last year that they didn't want us to be overly prescriptive in this legislation. So we're doing our best not to single out a particular approach, specific language or a specific standard. Create a general set of guidelines. Okay.

  • Diane Dixon

    Legislator

    All right. Thank you.

  • David Harris

    Person

    Thank you. Appreciate it.

  • Ash Kalra

    Legislator

    Thank you. Any other questions or comments? Do we have a motion?

  • Ash Kalra

    Legislator

    We have a motion and a second. Thank you. Assemblymember Wicks for taking on another. A big challenge here, but I think something that's very important to preserve the sanctity. Is that a good word to use in this case, the sanctity of the internet? Yeah. Would you like to close? Could work. It could work.

  • Buffy Wicks

    Legislator

    It's a task these days, given the current Internet. But I do think this is the lowest hanging fruit of what we can do. And I also appreciate the analysis saying AB 853 complements and extends California's AI Transparency Regiment, building a more robust and inoperable digital provenance infrastructure.

  • Buffy Wicks

    Legislator

    So appreciate the analysis and your committee's great work and respectfully ask for an I vote.

  • Committee Secretary

    Person

    Thank you. Motion is do pass to appropriations.

  • Committee Secretary

    Person

    [roll call]

  • Ash Kalra

    Legislator

    All right. That bill is out. Thank you so much. And I believe you have one more item and for let's see, that's going to be item 21, AB 1043. We have a motion, a second. And before we continue to proceed on this, just for the record, the next item up will be AB 7.

  • Ash Kalra

    Legislator

    Bryan, I don't want that to discourage other. Oh, sorry AB 246. Bryan, that's item seven. I don't want that to discourage other authors from making their way over here. Whenever you're ready.

  • Buffy Wicks

    Legislator

    Thank you Mr. Chair and Members. Thank you for the motion. We will try to be as brief as we can. California's children are growing up with access to an online world that was not built with them in mind.

  • Buffy Wicks

    Legislator

    This lack of meaningful consideration has left young users exposed to harmful content, manipulative design features, and inappropriate and dangerous online interactions. Research from the US Surgeon General, groups advocating for children's online safety, and social media companies indicates that unregulated digital environments have harmful impacts on children's mental health, safety, and overall well being.

  • Buffy Wicks

    Legislator

    However, as a parent of two young daughters, I do not believe that we should keep kids off the Internet. They rely on the digital world for education, entertainment, and socialization.

  • Buffy Wicks

    Legislator

    It is our job, however, as lawmakers to strike a balance in statutes that provide a safer online environment for our children, protect children's data privacy, and create guardrails that do not impede innovations or violate individuals constitutional rights.

  • Buffy Wicks

    Legislator

    This is not an easy task, one which I have been working on now for seven years, but it is an important one that AB 1043 will help facilitate.

  • Buffy Wicks

    Legislator

    The goal of this Bill is to create a statutory age assurance framework that establishes a knowledge standard in California while balancing privacy and usability by creating a framework to assess an online user's age. The Digital Age Assurance act will provide a crucial step in ensuring kids can explore the digital world more safely.

  • Buffy Wicks

    Legislator

    Specifically, this Bill requires manufacturers of a computing device or operating system to have a mechanism for device owners to indicate the device user's birth date, age, or both at time of setup and send a digital signal to application developers indicating the device user's age range, essentially at the App Store when an app is downloaded.

  • Buffy Wicks

    Legislator

    This also requires parental or guardian consent prior to a user under 16. Downloading an app from an app Store requires that parents be connected to a parental feature that are available in the apps when the age signal indicates that the user is under the age of 18. And I know there's been conversation I've had, particularly with Mr.

  • Buffy Wicks

    Legislator

    Zabur about the parental consent piece, and we are working with Equality California and the Trevor Project around potential amendments around this, so I'm very committed to that. Mr.

  • Buffy Wicks

    Legislator

    Zabur, the Committee analysis has raised a number of important points, including the need to clarify definitions and specify the types of conduct that would constitute an enforceable violation for covered manufacturers and developers.

  • Buffy Wicks

    Legislator

    I'm committed to continue work to address these concerns raised by the Committee analysis, and we'll work with the opposition, of course, and all stakeholders should this Bill move forward today. With meer to testify and support are Dr.

  • Buffy Wicks

    Legislator

    Samir Hinduja, Professor in the School of Criminology and Criminal justice at Florida Atlantic University, co Director of the Cyberbullying Research Center and Faculty Associate at the Berkman Klein Center at Harvard University, and Nicole Rocha, a subject matter expert.

  • Samir Hinduja

    Person

    Thank you. Good morning, Mr. Chair and Committee Members. My name is Dr. Samir Hinduja. I've written nine books, over 60 academic articles, and my research on youth online safety has been cited over 26,000 times.

  • Samir Hinduja

    Person

    I founded the Cyberbullying Research Center 20 years ago and I've been studying and publishing on a number of online risks and harms that affect young people. My life's work is to reduce the frequency and impact of these concerns.

  • Samir Hinduja

    Person

    It must be stated that online engagement allows teens to share daily experiences and feel connected to their peer groups, even when physically apart. It's also essential for identity exploration and self expression. This is important for underrepresented youth who can find supportive communities online that they lack in their immediate physical environments.

  • Samir Hinduja

    Person

    Finally, it can serve as a powerful avenue for civic engagement and social activism where youth can use their voice to be agents of change. However, the risks compel us to do more. Let's consider one specific harm that I've deeply sextortion. Imagine that a 13 year old boy is contacted by an adult on a social media platform.

  • Samir Hinduja

    Person

    The adult manipulates him into sending explicit images through a separate secure messaging app and then threatens to distribute those images unless the boy sends money with a third app, a digital payment service. Because he's overwhelmed and afraid, the boy decides to comply in the hopes that the extortion will then stop.

  • Samir Hinduja

    Person

    It does not, and results in financial loss, severe emotional consequences, and psychological trauma. With device level age verification, each stage of the sextortion process, contact, coercion and payment can be interrupted before the harm occurs. The boy's device could prevent access to any messages received from an unknown adult.

  • Samir Hinduja

    Person

    His device could also block the installation or use of any secure messaging app not appropriate for his age. Preventing the conversation from moving towards riskier, less monitored mediums. Finally, his device could signal his underage status to the Digital Payment Services app, which would prevent him from sending money and cut off the predator's ability to extort.

  • Samir Hinduja

    Person

    When a platform or website knows that a user is a minor, it can automatically enable robust safety features to support them, automatically blur images that might be explicit, require parental approval, connect minors to supportive resources or crisis text lines, and provide age appropriate educational content.

  • Samir Hinduja

    Person

    Our goal is to balance the protection of youth and while giving them the online freedoms they need to grow and thrive. AB 1043 aligns with this goal and has my support as a child safety subject matter expert, a researcher and a parent of two. Thank you, thank you.

  • Nichole Rocha

    Person

    Good morning Chair and Committee Members. My name is Nicole Rocha and I am a data privacy attorney and have been working on children's online priv issue since 2012. For years, young people have been sharing how their mental health is being negatively impacted by their online interactions and legislators have listened.

  • Nichole Rocha

    Person

    They have actively passed legislation at the state and federal level to help families protect their youngest constituents. Unfortunately, the vast majority of laws enacted to benefit children online only apply if the platforms have actual knowledge of the age of their users.

  • Nichole Rocha

    Person

    Despite evidence showing that users ages are known for advertising, platforms continue to claim they have no way of determining how old their users are. AB 1043 will close this loophole by requiring that devices and app stores share privacy protective age bracket information with app developers.

  • Nichole Rocha

    Person

    This seeming technical requirement will dramatically improve the digital world for California's kids as platforms will be forced to follow laws they have long evaded.

  • Nichole Rocha

    Person

    If platforms applied existing laws to children on the Internet, much of the harm we have seen over the past decades will be reduced as the mining and sale of kids data would be sharply curtailed and with that the ability to profile, target and exploit kids for their attention.

  • Nichole Rocha

    Person

    The opposition will argue today that age assurance is privacy invasive and that sharing granular age data with thousands of Apps will compromise kids safety. Nothing could be further from the truth. Nothing in this bill requires that Apps alert the world to the age of platform users or make kids a sitting target for predators.

  • Nichole Rocha

    Person

    This bill also does not require the upload of government IDs, facial recognition or anything of this sort. It simply requires that user age information is input during device setup and frankly, parents have no incentive to lie. De identified age bracket data is then shared with app developers prior to a user being permitted to download an app.

  • Nichole Rocha

    Person

    This information cannot be used for any other purpose. The opposition will also argue that platforms are working diligently to create safe online spaces for kids and empower parents with responsive tools. But industry designed parental tools do not and will not affect the data driven economy of the Internet.

  • Nichole Rocha

    Person

    Children's well being will not outweigh profit until online platforms are forced to do so. AB 1043 is simple, technical and desperately needed to ensure that the Internet is a better, more supportive place for California's youth. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1043?

  • Delilah Clay

    Person

    Good morning. Delilah Clay, on behalf of the International Center for Missing and Exploited Children, proud co sponsor. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Molly Sheehan

    Person

    Molly Sheehan with the California Catholic Conference. We haven't gotten a letter in yet, but we are in strong support and grateful for this bill. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1043?

  • Samantha Corbin

    Person

    Chair and Members, Samantha Corbin, on behalf of the Chamber of Progress, My name is Samantha Corbin. I representing the Chamber of Progress today in respectful opposition of 1043. We share the goal of protecting children online. But as written, 1043 oversimplifies the problem and risks causing serious new harms without solving the threats that children face first. It misplaces responsibility.

  • Samantha Corbin

    Person

    The greatest risk to children online comes not from the existence of platforms, but from millions of unregulated app developers, many of whom push unsafe, exploitative and sometimes predatory content.

  • Samantha Corbin

    Person

    Yet AB 1043 leaves these developers largely untouched while shifting overwhelming operational and legal responsibility onto platforms and app store providers, entities who cannot realistically police or control the conduct of every third party developer in their ecosystems. This is not a neutral infrastructure. It's a liability shift that punishes the wrong parties without reaching the true source of risk.

  • Samantha Corbin

    Person

    1043 also fails real world families. It assumes a best case scenario that every child has an engaged, digitally literate parent setting up and managing their device. In reality, many children, including foster youth, those from non English speaking households, those in single parent families, and LGBTQ youth may not have that support.

  • Samantha Corbin

    Person

    Children can and often do also misrepresent their ages during device setup. Devices are often shared across users or passed down, and burner phones are easily accessible. Nothing in 1043 prevents circumvention. It risks creating a false sense of security without actually reducing harm. And in fact, as written, 1043 undermines California's privacy leadership and child protection laws.

  • Samantha Corbin

    Person

    California's privacy laws, including the ccpa, CPRA and Age Appropriate Design, prioritize data minimization and privacy by design. 1043 reverses that progress by forcing the unnecessary transmission of children's demographic information to millions of developers. Many of whom may not be regulated or trustworthy.

  • Samantha Corbin

    Person

    In fact, as written, AB 1043 stands to significantly weaken existing penal and civil code specifically regarding critical areas of laws that establish protections for minors from harmful content like pornography and self harm.

  • Samantha Corbin

    Person

    By introducing a one time signal based system that's able to easily bypassed or misused and providing broad immunity for developers who rely on it, it discourages additional due diligence that might otherwise protect children from harmful content.

  • Samantha Corbin

    Person

    In essence, it creates a false sense of compliance while potentially making it easier for children to access adult content and harder to hold platforms who share this information with children accountable. I know I'm over time, thank you.

  • Ash Kalra

    Legislator

    Well, you're the only, since you're the only opposition witness, I give you a little little extra time there. Is there anyone else here in opposition to AB 1043?

  • Yadi Younse

    Person

    Yadi Younse with Oakland Privacy and respectful opposition will continue our dialogue with the sponsors.

  • Ash Kalra

    Legislator

    Thank you

  • Dylan Hoffman

    Person

    Morning Chair Members. Dylan Hoffman, on behalf of Technet and respectful opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Ash Kalra

    Legislator

    Let's bring it back to Committee for any questions, comments or motions. Assembly Member Bauer-Kahan.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you Mr. Chair and Members. And I want to start by thanking the author. I think as many people know, we have kids that are the same age, well, years younger than mine, but I like to make myself look younger. And you really have poured your heart and soul into figuring out how to keep kids safe online.

  • Rebecca Bauer-Kahan

    Legislator

    And I think that on behalf of really all the mothers, thank you. And fathers too. Sorry, do you need to leave the men out? My husband would agree. And grandparents. I mean I say it week after week, but I think that keeping our kids safe is the highest calling we have in this building.

  • Rebecca Bauer-Kahan

    Legislator

    And when we go home every day, our children and look them in the face, I know that you can look yours in the face and know you're doing everything you can for them. And that's a really meaningful thing.

  • Rebecca Bauer-Kahan

    Legislator

    And I think it's important to note and this is something that's come up in my Committee that, you know, Chamber of Progress is funded by Google and the other entities that will be affected by this bill.

  • Rebecca Bauer-Kahan

    Legislator

    And you know, I've heard Chamber of Progress say that we shouldn't do it at the platform level now, we shouldn't do it at the device level. I guess. You know, I remain confused what the platform and the devices think we should do to protect our kids.

  • Rebecca Bauer-Kahan

    Legislator

    And I think that the answer to that after six and a half years of listening to this testimony is that they don't want to protect our kids, that they want to commodify them and watching the harms that it has done to them. And we've already seen some this morning with Assemblymember Krell's Bill.

  • Rebecca Bauer-Kahan

    Legislator

    But I know we will see more. I have some bills coming later today about kids safety in this Committee. It's time to do more. And I think what is brilliant about this is that we hear time and again we can't protect the kids because we don't know who the kids.

  • Rebecca Bauer-Kahan

    Legislator

    That has been the opposition we have heard for years. And so you finding a privacy forward way of identifying the children online is critical to the work that we do. And it is embedded in the Bill you're doing here today.

  • Rebecca Bauer-Kahan

    Legislator

    But I know it will allow and enable us to do so much more policy that will protect our children. And so this is a critical, critical step forward as we think about our kids and keeping them safe online. And I couldn't be happier to support it.

  • Rebecca Bauer-Kahan

    Legislator

    And I think, I think I've now been added as a co author. And so I'm happy to be a partner on the bill. And with that, I will be excited to support it today. Madam Vice Chair.

  • Diane Dixon

    Legislator

    Yes.

  • Diane Dixon

    Legislator

    And you've heard me speak publicly. I'm very grateful for what you're doing for grandchildren as well as children. Could you address some of Chamber of Progress's concerns just to get that out there to hear your point of view?

  • Buffy Wicks

    Legislator

    And I would also point to the analysis as well.

  • Buffy Wicks

    Legislator

    And I didn't make a list of all the things, but just on some of the key points on page 10, halfway through, developers receive a signal indicating users under the age of 18 are deemed to have actual knowledge of that user's age and must activate any readily available parental tools.

  • Buffy Wicks

    Legislator

    Accordingly, developers remain liable under children protection statutes if they have actual knowledge contradicting the signal. So basically this, this Bill will create a knowledge standard by which then the developers, that is the, you know, meta, et cetera, they know the age then. Because what we've seen time and time again is they say we don't know the age.

  • Buffy Wicks

    Legislator

    Right. How can we create any sort of, you know, guardrails when we don't know who's on our platform? Now, we all know they know who's on their platform. They literally have thousands of engineers devoted to knowing exactly who's on their platform because that's how they make money.

  • Buffy Wicks

    Legislator

    But anyways, this will establish that age so that there's an understanding of what the age is. So that, I think is an important point. And then they can be held even more accountable because we know the age. This in my Opinion is the most simplified privacy forward way of a sort of an upstream approach.

  • Buffy Wicks

    Legislator

    So when I, and I think we discussed this in privacy Committee last week, you know, I set up my 8 year old's tablet, I put in her age at the operating system that then can't be manipulated. You know, she can't then say to Snapchat, yeah, I'm 15 years old, right.

  • Buffy Wicks

    Legislator

    When she tries to download now I have the most strict parental controls so she can't download anything without my approval. But the point being it's an upstream way. Now is it going to be perfect? No. But I have yet to write a perfect law, despite trying.

  • Buffy Wicks

    Legislator

    And we will continue to work with Google and others who see frustrations and they have put forth other ideas and maybe there's ways we can implement some of that. I also want to make sure this is something that can be implemented and I think that's actually really important.

  • Buffy Wicks

    Legislator

    And I've learned over time how to in conversation and I generally welcome conversation with opposition because you learn more about how to actually create something that can be implemented, ways that we can do that, that work. So I will keep doing that.

  • Buffy Wicks

    Legislator

    But to me this is in the six and a half years that I've been doing this work. And I should also say Senator Umberg, Judiciary Chair is a joint author on this Bill. It also receives co authorship from some Member, Josh Hoover.

  • Buffy Wicks

    Legislator

    It's a bipartisan effort to really tackle the knowledge standard, which I think is the most important thing that underpins. It's an infrastructural need for us to then create safety regulations for our children.

  • Diane Dixon

    Legislator

    Appreciate that. One other question. So the age is input at inception of the connection does I'm sure software AI exists to track the age of that child just numerically to know that that child is now 21 at some point. Is that part of how this will go forward?

  • Buffy Wicks

    Legislator

    The birth date is entered at the operating system level. Okay. Right. And then a signal will be sent at the download that this child's under the age of, you know, 10. This child is, you know, between the, what are the brackets? You know, 11 and 12 under 13. It's a bracket. It's a bracket.

  • Buffy Wicks

    Legislator

    So it's not giving out the birth date. No, it's giving up. Yes, exactly. Okay, thank you very much.

  • Ash Kalra

    Legislator

    Thank you Assembly Member Zbur.

  • Rick Chavez Zbur

    Legislator

    So first of all, I just wanted to thank the author for affirmatively reaching out to me. I really appreciated that and wanted to let you know that Equality California affirmatively reached out to me to let me know that they Were confident in the good faith and goodwill of the author and we're looking forward to continuing the discussion.

  • Rick Chavez Zbur

    Legislator

    So thank you.

  • Buffy Wicks

    Legislator

    Thank you. I take that seriously. So, yes, thank you. Assembly Member Harabedian thank you.

  • John Harabedian

    Legislator

    Mr. Chair. Co author, please. Thank you to the author and just really want to echo everything that my colleague said a few minutes ago. So thank you for that.

  • Ash Kalra

    Legislator

    Thanks, Stefani.

  • Catherine Stefani

    Legislator

    Thank you, Chair. I also want to thank the author and would love to be added as a co author. This extortion cases are just absolutely horrific and the number of children who have died by suicide because of it just makes me sick. And so thank you again to the author for your years of effort on this.

  • Ash Kalra

    Legislator

    Thank you. I also want to thank the author. Look at me. I think that this is one of the examples of who is in the best position to both absorb the costs as well as the liability we can say it should be.

  • Ash Kalra

    Legislator

    The app developers can be anywhere, anywhere in the world that don't have that same sense of social responsibility that I believe that our companies do have and should have and have the ability and the capacity and the knowledge base to be able to make it happen is definitely something that's doable.

  • Ash Kalra

    Legislator

    I know that there's cost and liability issues that are of concern, I'm sure, to some of the companies. But I think that if we're moving in this direction, I think what would be most helpful is for those platforms to be to give their expertise in terms of implementation, as the author indicated.

  • Ash Kalra

    Legislator

    I think that we can get there. We kind of work together to get there so that we don't cause undue burdens on the platforms.

  • Ash Kalra

    Legislator

    But I think ultimately we do know that we have to have these safety checks in place and obviously there's going to be some children that don't have the parental guide is, you know, that's a case in everything that we do in this building.

  • Ash Kalra

    Legislator

    We wish every single child had that parent with them that's going to be supportive of them. That's not always the case. And so we want to make sure that we do have systems in place that allow us to better protect our youth that are using these apps.

  • Ash Kalra

    Legislator

    And there's more, especially with the use of AI, other technologies and nefarious actors is even every day there's greater, greater risk to our minors.

  • Ash Kalra

    Legislator

    And so I appreciate you for taking this on and I'm confident you'll continue to work with the opposition and with the platforms to make sure it's as airtight as possible, but also understands the technology that will be necessary to implement it. I would also like to be added as a co author. Would you like to close?

  • Buffy Wicks

    Legislator

    Great. Well, I appreciate all the co authorship offers. I'll take them all. If anyone else wants to add on, please let me know. Oh, great. We have Ms. Dixon as well. Fantastic. I'll take it. No pressure. If you didn't agree, you can still just appreciate this. And I think this is at its most basic.

  • Buffy Wicks

    Legislator

    It's common sense and foundational for all the work that I know we want to do to keep our kids safe. And with that, respectfully ask for an Aye vote.

  • Ash Kalra

    Legislator

    Thank you.

  • Committee Secretary

    Person

    Motions do pass to appropriations. [Roll Call]

  • Ash Kalra

    Legislator

    Okay, the bill's out. Thank you. And as indicated earlier, the next item up is item 7, AB 246. Brian.

  • Isaac Bryan

    Legislator

    Thank you, Mr. Chair. We will be quick and defer our other Bill until later in the hearing, as is custom, but with witnesses - with limitations, time commitments. Appreciate your flexibility. They're coming in right now.

  • Ash Kalra

    Legislator

    Okay. And if we could get a motion on the consent calendar, please. So move.

  • Ash Kalra

    Legislator

    Second. We have a motion. A second. We take roll call vote in the consent calendar.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, calendar is out and we'll go ahead whenever you're ready, Senator O'Brien. this is item 7, AB 246.

  • Isaac Bryan

    Legislator

    Thank you, Mr. Chair and colleagues. I want to start by accepting the Committee's amendments and thanking the staff for their incredibly thoughtful and diligent work. Today I'm presenting AB 246, the Social Security Tenant Protection act, or the Don't Kick My Grandmother out on the Street Act.

  • Isaac Bryan

    Legislator

    It's not a secret that the Federal Government is waging an attack on our country's most vulnerable communities, spreading harmful misinformation, hurting working class families under the advice of the world's richest man, who doesn't have to worry about any of these problems. They've attacked our immigrant communities.

  • Isaac Bryan

    Legislator

    They've cut funding for our public schools and Universities, they've engaged in indiscriminate mass firings of federal union employees. And now they're looking to dismantle one of the core pillars of our social safety net. Social Security benefits. Before the passage of Social Security, poverty rates for elderly people in our country were roughly 80%.

  • Isaac Bryan

    Legislator

    Since its implementation, that rate has dropped to 10%. Social Security benefits are crucial to allowing people to live their lives with dignity when they can no longer participate in the workforce.

  • Isaac Bryan

    Legislator

    If these benefits are disrupted in any way, then seniors and peoples with disabilities, many of whom live on these fixed incomes, will struggle to meet their most basic needs. Most importantly, keeping a roof over their head. According to CalMatters, seniors are already the fastest growing population of people falling in to homelessness.

  • Isaac Bryan

    Legislator

    According to HCD, people with disabilities are the most likely population to experience homelessness, to be rent burdened, and to experience housing discrimination. So while we fight to make sure that Social Security benefits are preserved and never disrupted, we also need to make sure that we are prepared for the worst outcomes.

  • Isaac Bryan

    Legislator

    Because as we've seen so far, every worst outcome that could have been predicted before January 20th has come to fruition. In less than two months, AB 246 will prevent evictions for seniors and people with disabilities if there are declared disruptions in SSI, SSA payments that last more than three days.

  • Isaac Bryan

    Legislator

    AB 246 is a precaution, an assurance that if the President comes after our aunties and our granddads and our disabled brothers and sisters, California will preemptively be there to protect them from their worst nightmare which is entering houselessness.

  • Isaac Bryan

    Legislator

    Joining me today to provide testimony and support is Eric Harris representing Disability Rights California and an incredibly powerful SSI recipient, Ms. Regina Brink. And I'll have Ms. Regina go first.

  • Regina Brink

    Person

    Thank you, thank you. Chair Kalra and Committee. My name is Regina Brink, and I'm currently the Director of Governmental affairs for the California Council of the Blind and an active Member of the Californians for SSI Coalition. I don't have to tell you, because the Assembly Member just did, that rents are rising faster than incomes in California.

  • Regina Brink

    Person

    However, you may not know that today the fair market rent for a studio apartment is more than half the SSI individual grant in all 58 counties. And rent is higher than the entire grant in 28 counties. Currently, 60% of SSI, SSP recipients live in 14 counties with the highest fair market rate.

  • Regina Brink

    Person

    SSI recipients are aged 65 and older, blind, disabled adults and children. I was one of those working age blind adults raising four children as a single parent When I left an abusive marriage, we struggled to have enough money for utilities, clothing, cleaning supplies and even food.

  • Regina Brink

    Person

    We went to food closets regularly and we had backpacks because I can't drive. We had to make hard decisions about what to pay, a utility Bill or buy groceries. Many seniors have worked all their lives and now find themselves unable to survive, let alone miss one of their monthly checks.

  • Regina Brink

    Person

    I did not have friends and families help me and many people do not. The unemployment rate for working aged people with disabilities is twice that of the non-disabled population.

  • Regina Brink

    Person

    For working age blind people it is three times I urgently appeal to you to pass AB 246 to keep vulnerable Californians housed in the case of a federal interruption of benefits. I'm almost done. I do not want others to struggle as I have, especially if they are unable to work.

  • Ash Kalra

    Legislator

    Thank you.

  • Eric Harris

    Person

    Good morning Chair and Members. My name is Eric Harris, and I'm with Disability Rights California, a proud co-sponsor of AB 246. In California, supplemental Security Income and Social Security Disability Insurance are a critical safety net for millions of disabled people and older adults.

  • Eric Harris

    Person

    Even with these benefits, SSI payments are not enough to afford rent in the US Housing market, especially in California. These people are often on fixed incomes and face significant challenges in affording basic necessities, especially housing. Missing one payment from SSA could mean homelessness for most SSI recipients.

  • Eric Harris

    Person

    The Department of Government Efficiency under the current Presidential Administration has expressed that they are looking to make significant cuts to programs that disable people and older adults depend on Due to recent actions by federal officials, including deep staffing cuts and office closures, any government program is at risk, including this one.

  • Eric Harris

    Person

    Disability Rights California and many of our colleagues and partners in the disability and aging advocacy spaces are worried that these policy changes would force these populations to among other things, go through unnecessary eviction proceedings and add to already overburdened eviction case dockets and experience housing insecurity.

  • Eric Harris

    Person

    AB 246, also known as the Social Security Tenant Protection act, will pause any eviction proceedings against recipients of SSI and SSDI if the Federal Government disrupts these payments. This Bill offers a targeted temporary pause on eviction proceedings for these recipients if federal payments are disrupted.

  • Eric Harris

    Person

    The Bill is in line with existing fair housing protection for people with disabilities who may need exceptions to payment deadline due to recipient of disability benefits. We urge your aye vote to support AB 246, to protect California seniors and people with disabilities.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 246?

  • Rebecca Gonzales

    Person

    Rebecca Gonzales, Western Center on Law & Poverty, in strong support. Thank you.

  • Matt Lege

    Person

    Good morning. Matt Lege with SEIU California proud support and co-sponsor. Thank you.

  • Faith Lee

    Person

    Morning. Faith Lee with Asian Americans Advancing Justice, Southern California. We're in support. Thank you.

  • Lizzie Cootsona

    Person

    Lizzie Cootsona, on behalf of the cities of Santa Monica and West Hollywood, in support. Thank you.

  • Annie Chou

    Person

    Annie Chou, with the California Teachers Association in support. Thank you.

  • Robert Copeland

    Person

    Robert Copeland, CASI Coalition, Strong support. Thank you.

  • Ash Kalra

    Legislator

    Is there anyone here in opposition to AB 246?

  • Debra Carlton

    Person

    Thank you. Good morning. Hello again. Debra Carlton, with the California Apartment Association. Let me first State. We share your concern. We agree with your concern. Nobody should lose access to housing because of something horrible that happens at the federal level. I think what we would like to work with you to do is to expand this.

  • Debra Carlton

    Person

    My father is a senior citizen. If he were to lose access, of course I would be there to help him. But many would not have that assistance. But seniors also need to eat. They also need to have assistance with travel. They also need to feed their animals, their companion animals.

  • Debra Carlton

    Person

    What we are asking for is that we work. The state is the fourth largest economy in the world. We should stand by to be ready to help them with more and have some budget dollars available if this were to happen. So that's what we would like to offer to work with you to do.

  • Debra Carlton

    Person

    I know that may be a big ask, but we can't have people without food, without medical care, without access to their diabetes medicine. My father would lose that. So that's what we'd like to do. Our position is opposed unless amended. And we'd like to continue to work with you. You.

  • Ash Kalra

    Legislator

    Thank you.

  • Chris Wysocki

    Person

    Thank you, Mr. Chair, Members and Assembly Member. Chris Wysocki with WMA. And to echo what Ms. Carlton said, we absolutely agree with the, with the concept that seniors on limited income should definitely be protected and nobody should lose their homes as a result of what happens at the federal level.

  • Chris Wysocki

    Person

    And we also want to express our willingness to work with you as we go through this. But I think it's important for WMA's standpoint just to recognize the fact that AB 246, and a lot of measures like it, they don't even. There's no means testing involved if Social Security benefits are reduced.

  • Chris Wysocki

    Person

    We believe that if you're going to go down the road of preventing an eviction for non payment of rent if Social Security benefits are cut, that there should at least be some sort of a means test because not every Social Security recipient is actually indigent or poor.

  • Chris Wysocki

    Person

    So we'd like to actually, many of them are, but we'd like to see at least some sort of a means test on, on this Bill.

  • Chris Wysocki

    Person

    You know, and the other, frankly, the other thing that we would like to see is just a more more understanding working coalition with the, with the landlord, community and the residents because we want to figure the best tenant for us is one that stays in their home.

  • Chris Wysocki

    Person

    And we don't want to see this eviction from, you know, ever happening as a result of what happens at the Federal level. But I share Ms. Carlton's comments. We look forward to working with you. But we are opposed. As though.

  • Ash Kalra

    Legislator

    Thank you. Anyone else here in opposition AB 246?

  • Molly Maula

    Person

    Molly Maula with Edelstein Gilbert Robson & Smith, on behalf of the California Mobile Home Park Owners alliance, respectfully opposed.

  • Ash Kalra

    Legislator

    Thank you. We'll bring it back to Committee. Assembly Member Bauer-Kahan.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. I want to thank you both for being here.

  • Rebecca Bauer-Kahan

    Legislator

    I think one of the things that is so critically important at this moment is that we shine a light on the horrors of what the Federal Government is doing and the real people that will be impacted as a result of these policies, that don't center people, which is what I think every lawmaker and policymaker should do.

  • Rebecca Bauer-Kahan

    Legislator

    I think that this is really important that we're having this conversation. And I want to thank the author for bringing this Bill forward. To be Frank, until I saw this Bill, it wasn't even something I had contemplated as something we needed to be thinking about.

  • Rebecca Bauer-Kahan

    Legislator

    But you're absolutely right, and we need to protect vulnerable Californians as the Federal Government makes these moves. You know, I'll be supporting the Bill today, although I did want to just shine a light on the Apartment Association's comments, because part of me struggles with shifting the burden of the failure of the Federal Government to small landlords.

  • Rebecca Bauer-Kahan

    Legislator

    I'll be honest with you. I mean, I think six months for small landlords can be really hard. Some people require the rent to pay their mortgage. And so we do need to protect these individuals.

  • Rebecca Bauer-Kahan

    Legislator

    And I think the question sort of came up, and it's an important one, of what is the best way to do that and who should bear that cost. And so I really want this to continue and I want to support it because I think this is a problem that needs to be solved.

  • Rebecca Bauer-Kahan

    Legislator

    But I hope we'll continue the conversations around the best way to do that, to make sure, you know, if the landlord gets foreclosed, nobody has a home. So that we're addressing that issue and taking care of these individuals in a way that makes the most sense. But thank you. And if it hasn't been moved, I'll move it. I don't know.

  • Ash Kalra

    Legislator

    We have a motion. Is there a second? And we have a second from senator Stefani. Yes.

  • Catherine Stefani

    Legislator

    Thank you. Thank you to the author. I will be an eye on this Bill today. And just wanted to thank you for your commitment to work on any implementation challenges that we shared with your office. But thank you. And I'm an aye vote.

  • Ash Kalra

    Legislator

    Thank you. Senator Connelly.

  • Damon Connolly

    Legislator

    Yeah. Also and aye vote appreciate the work and ongoing work. Maybe if you could talk a little bit about feasibility in terms of how it would work. How would a landlord know if a tenant's in that situation? Is there some sort of verification or.

  • Isaac Bryan

    Legislator

    Yeah, I've got a technical witness who can jump in if I - if I miss any of this. But essentially we would start with the Department of Finance, California, confirming that there is a disruption, that the Federal Government is withholding these dollars, and then folks who are impacted.

  • Isaac Bryan

    Legislator

    And just to touch on something that was said in terms of mean testing, if you are receiving SSI or Social Security benefits and you are a you don't own your home, I promise you, you are not naming the system, but you would then have within 15 days to attest under penalty of perjury that this has impacted your ability to pay the rent.

  • Isaac Bryan

    Legislator

    It doesn't waive the rent, which is a question, I think, in terms of a budget ask. I'd be happy to work on if the Apartment Association would like to help us secure dollars to pay the rent for seniors. I think that's, that's a laudable and notable effort. But it doesn't waive the rent.

  • Isaac Bryan

    Legislator

    It just prevents you from starting the eviction process to put them out during that disruption. And I think should this happen, by the way, as was mentioned, a cascade of ripple effects would impact the lives of Californians. Absolutely.

  • Isaac Bryan

    Legislator

    And we would have to triage, who we can protect and who we can't because the Federal Government has let the shoe drop on something that has been stable for our most vulnerable for a century now. But it's not off the table. I wish it was. I wish this was not necessary.

  • Isaac Bryan

    Legislator

    This protection also doesn't kick in unless this happens and coincidentally has a sunset date that expires at the end of this Administration. Because I don't think we will ever have this conversation again. At least I hope we don't for the duration of our country's history.

  • Ash Kalra

    Legislator

    Senator, Zbur.

  • Rick Chavez Zbur

    Legislator

    Thank you. I'll be spreading the Bill today as well. One thing I was wondering if you might work with the Apartment Association and the opponents on is the issue of sort of when the obligation to pay rent resumes. I'm worried about the small mom and pop landlords as well.

  • Rick Chavez Zbur

    Legislator

    And so, you know, you could have sort of an interruption that is sort of short term and then it takes the Department of Finance a long time to resume it. And so I'm just wondering, and maybe I didn't read the Bill carefully enough, if there's provisions in there.

  • Isaac Bryan

    Legislator

    So the Bill says the six months and at the end of disruption, whichever sooner is when it kicks in. So as soon as the disruption ends, you would expect that rent to be paid.

  • Isaac Bryan

    Legislator

    And you know, our disability and senior community is one of the most trustworthy and honest communities in our state in terms of making sure they meet their obligations and taking care of their needs.

  • Isaac Bryan

    Legislator

    If the basic needs have been cut by us at the federal level, at no fault of their own, I know that the first opportunity to make that right, they would. But the Bill stipulates that at the end of that disruption, or six months, whichever sooner.

  • Rick Chavez Zbur

    Legislator

    Thank you.

  • Ash Kalra

    Legislator

    Thank you. And thank you for that clarification. I hope that allays some concerns because if, if we're going 456 months, but Social Security payments not being paid, we're going to have a whole slew of other issues we're going to have to worry about as a state to take care of our most vulnerable populations.

  • Ash Kalra

    Legislator

    I think ultimately, again, this is a difficult conversation to have that we didn't ask for, but we're in it. And I get that we don't want to put undue burdens on landlords, especially mom and pop landlords, but ultimately, who's in the best position to bear that cost.

  • Ash Kalra

    Legislator

    Especially we're talking about housing the most vulnerable populations to have them subject to homelessness. There are other things, other access they can get for food, whether it's food banks, what have you, that can keep them going for 2345 weeks.

  • Ash Kalra

    Legislator

    But if they lose their housing, that's again, not only a failure in so many ways, but that's an additional burden that we're going to have to take on as a community, as a state, as local jurisdictions and so on.

  • Ash Kalra

    Legislator

    And so I think that this is again, something that we're being asked to do that we wouldn't, that under ordinary circumstances we wouldn't need to.

  • Ash Kalra

    Legislator

    And so I hope that we can all come together and recognize and have the empathy for those that are struggling the most to recognize that in an urgent situation we need to all have their backs. And I think that we can all kind of struggle and suffer through this time period together.

  • Ash Kalra

    Legislator

    I would like to be added as a co-author. Would you like to close?

  • Isaac Bryan

    Legislator

    Yes, sir. You know, I know some of my Republican colleagues would refer to this as fear mongering, but the reality is people are actually afraid. Our undocumented community is afraid that you'll go into their elementary school and pull their children out of the classroom. Our seniors are afraid that they will lose their SSI benefits.

  • Isaac Bryan

    Legislator

    Many of us are afraid that they are actively rewriting history, destroying historical records at the government level, giving our sensitive information to the richest man in the world. We're afraid of our national security being leaked in a signal chat that I might be added to or you might be added to.

  • Isaac Bryan

    Legislator

    There are a lot of things to be afraid of that I thought I would never be afraid of. That just happened to be reality.

  • Isaac Bryan

    Legislator

    And the fact of the matter is, in this moment, while our seniors and folks with disabilities are afraid of losing the most stable income, the promise that they have earned and paid into their entire lives, we have a responsibility to ally those fears, to bring some stability and comfort knowing that California has your back.

  • Isaac Bryan

    Legislator

    And quite frankly, if we are not willing to step up preemptively in case this Administration lets the entire bottom fall out of our most vulnerable people, then we are not ready for this moment. But I think California is ready for this moment. And I respectfully ask your aye vote.

  • Committee Secretary

    Person

    Motions do pass as amended to Appropriations. Kalra, aye. Kalra, aye. Dixon, no. Dixon, no. Bauer-Kahan, aye. Bauer-Kahan, aye. Brian, aye. Brian, aye. Connolly, aye. Connolly, aye. Harabedian, aye. Harabedian, aye. Macedo. Pacheco. Papan. Sanchez. Stefani, aye. Stefani, aye. Zbur, aye. Zbur, aye.

  • Ash Kalra

    Legislator

    Okay, thank you. Thanks, sir.

  • Alex Lee

    Legislator

    All right. Morning, Mr. Chair and colleagues. I believe my witnesses are still trying to get into the room right now, but I'll begin. Today I'm presenting Assembly Bill 611 which requires newspapers to give 120 days notice before selling their local media outlet.

  • Alex Lee

    Legislator

    This notice will give the newsroom and the community opportunity to approach the owners and attempt to keep the outlet locally focused. Keeping local news local is critical and we're losing that now. Conglomerates, private equity, and hedge funds are buying local newspapers. With only 10 companies owning over 50% of all daily newspapers in the U.S.

  • Alex Lee

    Legislator

    national corporations owning local news has consequences. The newsroom staff get reduced and with the layoffs and firings send experience and expertise out the door. The reporting becomes reliant on syndicated news from around the country and the world with little focus on the local community beyond salacious crime, house fires, and local sports.

  • Alex Lee

    Legislator

    And that change in focus from expert local reporters finding stories that matter to the community, shifting to cheaper syndicated stories with no connection to the community hurts all of our districts. This shift results in reduced awareness by voters of local issues, reduced voter participation, and increased polarization, with a national politics overlaying all local politics.

  • Alex Lee

    Legislator

    It's not good for our democracy. The Bill seeks to push back on this trend by giving the people in the newsroom, and the community, an advanced notice about a potential sale. With me today in support is Maya Chupkov with Common Sense-, Common Cause. And Peggy Kelly, publisher of the Santa Paula Times in Ventura County. So whenever you're ready.

  • Maya Chupkov

    Person

    Thank you, chair and Members of the Committee. Good morning. My name is Maya Chupkov and I am speaking today on behalf of California Common Cause, the lead sponsor in strong support of AB611, the keep news Independent Act. The Independence of Local newspapers is under threat.

  • Maya Chupkov

    Person

    Hedge funds and corporate chains are quietly buying up community newsrooms, slashing staff, cutting coverage, and leaving residents uninformed and disconnected. This isn't just about journalism. It's about democracy. When trusted local news disappears, neighbors are no longer informed by a shared source. Instead, they get information driven by algorithms, not by the needs of their communities.

  • Maya Chupkov

    Person

    The result is deeper division, more mistrust, and a weaker democracy. AB611 offers a simple, powerful solution. It requires legacy newspapers to give 120 days notice before selling to a hedge fund or corporate chain. This gives independent buyers a chance to step in, to keep newspapers rooted in the communities they serve. Sellers still have full freedom to sell.

  • Maya Chupkov

    Person

    This Bill simply brings transparency to the process, giving communities a fighting chance to save something vital before it's gone. AB611 is pro democracy, pro transparency, and pro community. We respectfully urge your aye vote. Thank you.

  • Peggy Kelly

    Person

    Good morning. My name is Peggy Kelly and I am the publisher and editor of the Santa Paula Times. I'd like to tell you just a little about my publication because that's something we have in common with other ones. We're known as the Mighty Santa Paula Times.

  • Peggy Kelly

    Person

    We're in Ventura County. And we've been known as that to generations of our readers. The newspaper was founded in the 1880s and under different owners and names, has continuously served the community.

  • Peggy Kelly

    Person

    We're a small operation of less than 10 full time-, mostly part time employees. But the weekly Santa Paula times reaches about 60,000 monthly through hard Copy subscribers, e subs, retail sales, and social media. Santa Paula's population is largely Latinx and we provide bilingual reporting for those whose needs and challenges are often overlooked by larger publications.

  • Peggy Kelly

    Person

    The Santa Paula Times proud motto is 'the only newspaper in the world that truly gives a damn about Santa Paula'. And we feel we are, but others are but...And you know, the press is the only profession that's mentioned in the Constitution in the first paragraph there. And democracy depends on thriving local news.

  • Peggy Kelly

    Person

    However, many independent Newspapers are at risk of closure or acquisition by hedge funds and corporate chains that prioritize, excuse me, profit over public service. AB611 helps safeguard local journalism requests, requiring newspaper owners to provide advance notice of sales and giving employees in the local community, the opportunity to submit competing bids before ownership transfers.

  • Peggy Kelly

    Person

    This will help newspapers locally keep newspapers locally owned and operated and serving the interests of the communities they represent. That also includes saving them money because when a municipality has a local paper, they do get a discount on their bonds. Because the bond lenders feel that there is another set of eyes watching their investments.

  • Peggy Kelly

    Person

    The decline of local newspapers, has resulted in the spread of news deserts, leaving residents without essential coverage of local government, schools and community affairs.

  • Peggy Kelly

    Person

    I think the best example of that, or the saddest example of that is the City of Bell, which in approximately 2010 found that their city manager, and the council, and the finance Director, and the Police Chief were taking millions and millions and millions of dollars out of the General Fund every year under different accounts they had.

  • Peggy Kelly

    Person

    And this went on for years. And part of the problem, or most of the problem actually, was Bell did not have a local paper. There was no one that attended their council meetings. There was no one that asked to see any records.

  • Ash Kalra

    Legislator

    Thank you.

  • Peggy Kelly

    Person

    Okay.

  • Ash Kalra

    Legislator

    I appreciate it. Thank you.

  • Peggy Kelly

    Person

    Thank you so much.

  • Ash Kalra

    Legislator

    Is there anyone else here in support of AB611? Is there anyone here in opposition to AB611?

  • Brittney Barsotti

    Person

    All right.

  • Brittney Barsotti

    Person

    Good morning, Mr. Chair, Members of the Committee, Brittney Barsotti on behalf of the California News Publishers Association, in opposition to AB611. We represent over 600 publications throughout the State of California and we do agree that journalism is essential for democracy. We are pro transparency and all of those efforts as well.

  • Brittney Barsotti

    Person

    Unfortunately, this Bill is hurtful and not helpful to the industry. AB611 purports to maintain local journalism, but imposes confusing and misguided requirements on small and medium sized news publications who may need to sell some of their assets to be able to maintain their publications.

  • Brittney Barsotti

    Person

    And this Bill could likely lead to bankruptcies to publications because of an inability to make those changes. The Bill has been compared to some statutes, the first of which, dealing with a 180 day notice for grocery stores and pharmacies to address closures and mergers. But that notice is largely because of antitrust issues.

  • Brittney Barsotti

    Person

    The other statutes compared to this effort involve again, grocery stores and pharmacies that are distinct and much larger than the news than our Members, and they are only applicable to the closures of stores. We're talking about selling a newspaper to try and keep it alive and to be able to report on these issues.

  • Brittney Barsotti

    Person

    And those notice requirements are 45 days before the closure. This Bill is three times as long as that. Essentially, we're talking about 120 day notice that would simply prevent publications ability to be able to make changes to keep their businesses alive.

  • Brittney Barsotti

    Person

    And we heard from one publisher yesterday, Dan Pulcrano, who shared his purchasing of the historic Healdsburg Tribune, which has been around for 157 years and was bought by the community. And he was able to purchase it over a weekend in order to keep that publication alive and reporting. And with that, I respectfully urge your no vote.

  • Charles Champion

    Person

    Thank you very much. My name is Chuck Champion. I'm the Chairman-, or excuse me, the President and CEO of the California News Publishers Association. And as you've already heard, we're a very large organization here in California, representing over 600 publications.

  • Charles Champion

    Person

    But today I'd like to talk to you about a personal matter, a matter as a small publisher. I owned a publication in Santa Clarita Valley, northern LA County. And after 51 years, I was a proud publisher.

  • Charles Champion

    Person

    I had worked at large papers and small papers, over/under all kinds of ownership: corporate ownership, family ownership, and then individual ownership. I bought the newspaper in 2015 and in 2017 I became ill. I was in a hospital. My future was not clear.

  • Charles Champion

    Person

    And I received an offer, unsolicited, at a significant multiple to what I thought was fair. There were two elements of that offer. One was a non disclosure. The other was a non compete. It happened to be from a local individual.

  • Charles Champion

    Person

    And after a number of weeks of discussion, the transfer of the newspaper was made and it went to a community individual. Had 611 been in place, I can assure you, that transaction would not have occurred. What would have happened is uncertainty would have entered into the transaction. Advertisers would likely stop advertising to a degree.

  • Charles Champion

    Person

    Customers would flee, not certain of who the ownership would be. And more importantly, employees of the company would likely leave because of the instability created from such an act. This is well intentioned by the author and by the individual. I strongly urge you to vote no on 611.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB 611?

  • Steve Stuck

    Person

    Good morning Steve. Stuck with the California Broadcasters Association. We are opposed unless amended but working with the author.

  • Ash Kalra

    Legislator

    Thank you. Any questions or comments? It's my understanding, Assembly Member, that if a sale of a legacy media outlet or news paper was sold to another independent, that the provisions of this Bill would not apply.

  • Alex Lee

    Legislator

    That's Correct. So the provisions of this Bill would only apply to it if it would be sold to a publicly traded corporation or a private Fund, investment Fund. But if it was another community Member, like for instance in your case that had happened, it would not apply to it.

  • Ash Kalra

    Legislator

    Okay. And so, you know, I definitely understand and appreciate the intent of the Bill. In order to maintain independent media as independent. And I think we have seen, especially over the last 10 to 15 years, in particular, a mass corporatization of all sources of media, down to our local papers in many cases.

  • Ash Kalra

    Legislator

    And I think that we've seen the quality of our news deteriorate. Some of the independent news outlets, including as referred to, from some that have spoke on this owns, offer journalism at the local level that can be unparalleled.

  • Ash Kalra

    Legislator

    And so I would encourage you to continue to work with opposition on some of the concerns, especially on timelines and what have you, because sometimes there are transactions that happen relatively quickly to save outlets. We definitely don't want to hamstring too much on some of these outlets.

  • Ash Kalra

    Legislator

    And it also by putting some of the restrictions that does in some cases have the risk of devaluing some of these outlets, which you also don't want to see.

  • Ash Kalra

    Legislator

    But the underlying goal of maintaining independent media, I think, is critical because we've lost far too many over the last 20 years and the trend is continuing to go to either closures, or to your point, having some of these funds, corporations and funds that don't have the interest of maintaining independent local media integrity in mind, taking ownership.

  • Ash Kalra

    Legislator

    And then we've seen what happens with that in jurisdictions throughout our state. And so was there a motion on this?

  • Committee Secretary

    Person

    In a second.

  • Ash Kalra

    Legislator

    You have a motion in a second? Any other further comment on this? Madam Vice Chair?

  • Diane Dixon

    Legislator

    Thank you, Mr. Chair. I was once a child, not an adult. My parents own newspapers, community newspapers. You don't get rich owning community newspapers. And I'm thankful my parents are no longer alive to see what has happened to the newspaper industry.

  • Diane Dixon

    Legislator

    It's very sad because as has been stated, community newspapers were the lifeblood of our communities that protect democracy. And what goes on, I see it as a local official. At City Councils, people just aren't informed unless they know about some blog or some other form of communication that is addressing their community needs.

  • Diane Dixon

    Legislator

    It's just rapidly changed because of the Internet. And advertising was what supported newspapers for hundreds of years, placing ads in newspapers. Well, those ads don't appear too much anymore because everything-classified ads, and automobile ads. We can remember 20 years ago how that supported the industry. So, I look carefully at any forms of news.

  • Diane Dixon

    Legislator

    Now, I know what you're trying to do or suggest that maybe the big hedge funds or private equity firms coming in. I mean, the gentleman, I don't know him, who owns the Los Angeles Times. I mean, he's not a hedge Fund.

  • Diane Dixon

    Legislator

    He's a very wealthy person and he was an inventor of a pharmaceutical drug and he's a billionaire, but he owns Los Angeles Times. And you can agree or disagree with newspapers. I'll tell you, all my life it was agreeing or disagreeing with my father when he wrote an editorial. That's what got me into politics.

  • Diane Dixon

    Legislator

    You either love them or hate them, and that you just have to be able to defend both sides. The Washington Post, we all know the Sulzberger family in New York, owns the New York Times. I mean, they're a very, very, very wealthy family.

  • Diane Dixon

    Legislator

    I mean, I don't know how you could distinguish them from a private equity firm, although they're independent. So I just think help newspapers. Let's not create. They're not big businesses. Let's just let democracy thrive and openness and a business again. This is an attempt to hamstring some form of business.

  • Diane Dixon

    Legislator

    Granted, Independence may be excused, but then the next thing you know, you're going to strangle Independence. Let's just let them be them as they are, and let them thrive with their limited funds and they're trying to keep people hired and employees working. And news journalists are a rare breed anymore.

  • Diane Dixon

    Legislator

    I just strongly oppose to putting a constraint on any form of newspapers. And let's just let them thrive and try to create news and they don't make much money, but just let them continue to try to inform the public of what's going on, the good news and the bad news.

  • Diane Dixon

    Legislator

    So I would be opposed to this Bill, but I would rather see another side of let's support independent newspapers strongly. All newspapers.Thank you

  • Ash Kalra

    Legislator

    Thank you, Senator Harabedian?

  • John Harabedian

    Legislator

    Thank you, Mr. Chair. Appreciate the intent of the author and the Bill. Also appreciate the opposition testimony. I think that I'm happy to support the Committee today. I want you guys to continue to work together. I do think that there needs to be a bit more flexibility here.

  • John Harabedian

    Legislator

    I'm not sure 120 days is a magic number. Maybe it's less, but it sounds like both, both the author and the opposition can come to an agreement here and work out something that makes sense. I understand that there are times when quicker is required or else the deal is not going to happen.

  • John Harabedian

    Legislator

    And obviously, we do want to incentivize local publications surviving. And I do think that ultimately this is a good intent and just want to make sure that everyone is working together going forward, which I know that the author will. So, thank you.

  • Ash Kalra

    Legislator

    Senator Zbur?

  • Rick Chavez Zbur

    Legislator

    Just want to align my thoughts with those of senator Harabedian.

  • Ash Kalra

    Legislator

    Thank you. Yeah. And I think that to the Vice Chair's point, it's not simply just about editorial content. It's about the profit motive. We've seen it, even in with our local paper, the sounds of Mercury News that I grew up with, the consolidation.

  • Ash Kalra

    Legislator

    When you have these funds come in and purchase numerous papers in a region, take away a lot of the beat reporters that are on the ground of the individual jurisdictions, you get less and less localized reporting and ultimately less and less transparency. So, and I think the local independent media, will forsake whatever little profit they have.

  • Ash Kalra

    Legislator

    They'll forsake some of it to maintain some of that Independence, some of that local journalism and their local reporters on the beat. And so it's not simply about editorial content, of corporations versus independent.

  • Ash Kalra

    Legislator

    It's also the profit motive that doesn't see the value of that local journalism, but rather just sees where they can squeeze as much profit as they can. And when that starts seeping into these more local independent newspapers, I think we're in a world of trouble. So with that, would you like to close?

  • Alex Lee

    Legislator

    Thank you, colleagues and Mr. Chair, for the robust discussion about this issue. You know, myself and my office are committed to continually working with the opposition on this issue.

  • Alex Lee

    Legislator

    You know, this Bill has evolved, admittedly over time and now has become kind of more modest disclosure, just a peek at a window for the community to intervene, if possible, to save the local paper.

  • Alex Lee

    Legislator

    You know, as the chair mentioned, in our area, the Mercury News was bought up, and also the East Bay Times also bought up, and put into a conglomerate by an equity Fund, by the Alden Capital Group. They bought that in 2016. And we would argue that it is very different paper than it was for many different reasons.

  • Alex Lee

    Legislator

    Right. But it's a different paper than it was, than we're used to. And that same private equity firm also bought up the San Diego Tribune. And I would argue already there's enough difference between the major metropolitan areas of the East Bay and the South Bay already. And now your conglomerating, putting in San Diego together is troubling, right?

  • Alex Lee

    Legislator

    And this really is giving a opportunity, a window in which community can rally together. And I understand it from the business perspective that while it may be tempting, and way more lucrative, to take a big, big offer from big corporation or big hedge Fund, because they can always have much more money in this. This gives a pause, a moment, reflection, for the community to intervene if possible.

  • Alex Lee

    Legislator

    And that's all it is. Right? We don't say that you can't sell to these ultimately at the end of 120 days. But I also do appreciate the points raised here by the Vice Chair as well. You know, there are also, of course, independent, wealthy billionaires. Right? That also own this.

  • Alex Lee

    Legislator

    And so this is an issue we'll continue to work on. Right. Of course, the same billionaires sometimes profit on the same hedge funds. Right. And we're trying to figure out how to really adapt, making sure that local news stays local. And I understand all the points raised today, and I really do appreciate it.

  • Alex Lee

    Legislator

    And I'll continue working on the Bill. So appreciate it and hope for your aye vote. Thank you.

  • Committee Secretary

    Person

    Thank you. Motions due Pass. [calls roll]

  • Ash Kalra

    Legislator

    Okay, we'll place that Bill on call. All right, let's see who's here. Okay. Assembly member all called around? Yeah, I'm just checking. I want to glance. I get in trouble sometimes if I don't see somebody. Okay. Item 23. You have impeccable timing because there was quite a few authors here just a moment ago.

  • Ash Kalra

    Legislator

    Good luck today. It's your lucky day.

  • Lisa Calderon

    Legislator

    I'm here on time. Good morning, Mr. Chair and members. AB 1197 modernizes our car rental laws to discourage organized rental car theft and activities that aren't authorized by a rental agreement. Car theft is a serious issue in our state, and because of loopholes in existing law, rental cars are easy targets.

  • Lisa Calderon

    Legislator

    Annually, 400 to 500 rental cars are reported stolen. The key is not returned to the rental car company, and there is nothing the company can do to recover the loss. Additionally, if a rental car has left the country without authorization, or if the car is abandoned in a tow yard, companies have the technology to locate and recover these vehicles, but they're not able to use it. AB 1197 takes a balanced approach to address these issues.

  • Lisa Calderon

    Legislator

    This bill will create a new framework to discourage bad actors while maintaining important consumer protections for Californians who are simply trying to rent a car for its intended purpose. With me in support of AB 1197 is John Moffatt, on behalf of Enterprise Mobility.

  • Ash Kalra

    Legislator

    Thank you.

  • John Moffatt

    Person

    Good morning, Mr. Chair, members of the committee. John Moffatt, on behalf of Enterprise Mobility. We appreciate the author's office and the staff working with us on what is now the current version of the bill, addressing a couple issues that were raised by the opposition, and hopefully we'll satisfy those issues.

  • John Moffatt

    Person

    As the author noted, rental car theft is an ongoing issue that we are attempting to address and using both technology that's available, but also, you know, trying to address some flaws in the law that, that are being taken advantage of under existing law. You know, the, the folks, folks have figured it out.

  • John Moffatt

    Person

    They're putting ads on Facebook and saying, 'hey, go rent this car. Drive it to me. I'll give you $3,000, and then this is what you need to tell the rental car company. Tell them you've got the key. You don't have to give it to them, but just tell them you've got it.

  • John Moffatt

    Person

    And so because of how existing law is drafted, the person who was, you know, part of, part of that, that deceptive effort is--gets the liability protection the law affords because they don't actually have to give us the key back, and so this bill makes a simple change, says, 'no, you got to get us the key back. If you can give us the key back, that's a pretty good indicator you didn't have anything to do with vehicle theft. Give us the key back, file a police report, and you get the benefit of the protection that's in statute.'

  • John Moffatt

    Person

    And so that's one provision of the bill. The other is dealing with geofencing when we see our vehicles, when they're out there. This is not active tracking--and I know this is a bill that's going to be talked about in Privacy should the bill move forward today--it's not active tracking; just allows us to go and address two issues.

  • John Moffatt

    Person

    Number one, when we see vehicles cross the border into another country, especially our southern border, we know that's a challenge. The other is tow yards and not having our vehicles sit there for 48, 72, five, six days and having to pay those fees to get our vehicles back. With that, we ask for your support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1197?

  • Camille Wagner

    Person

    Camille Wagner, representing Hertz, in support of the bill.

  • Ash Kalra

    Legislator

    Thank you.

  • Chloe King

    Person

    Chloe King with Political Solutions, on behalf of the Avis Budget Group and California Travel Association, in support. Thank you so much.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1197?

  • Ash Kalra

    Legislator

    All right, we'll bring it back to the Committee. Any questions, comments or motions? We have a motion. Is there a second? We have a second Assemblymember Zbur.

  • Rick Chavez Zbur

    Legislator

    Good afternoon. I'm going to start to build, mainly because we didn't have any time to chat about this today. I did have some concerns about the Bill, actually has concerns, but questions. So what happens if someone's keys are stolen? I mean, is that. What is what happens in the Bill if the keys are stolen? And that's the reason for the car being stolen?

  • Unidentified Speaker

    Person

    Yeah, that's part of the conversation we have with the Committee. There's, there's. There's sort of two layers of protection for the consumer and the law. First is the presumption. And what triggers the presumption. The second is the clear and convincing evidence standard. So it happens, you know, something terrible happens.

  • Unidentified Speaker

    Person

    The key, you know, the key is stolen with the vehicle. We would, in order to be able to hold that renter financially liable, we would have to meet a clear and convincing evidence standard. So not just a preponderance, but clear and convincing evidence that they did not exercise ordinary care with the vehicle.

  • Unidentified Speaker

    Person

    If somebody was carjacked, you know, there's no way that, you know, there's no case there. And so that was a provision we originally eliminated from the Bill.

  • Unidentified Speaker

    Person

    In talking with the Committee, we put that standard back in, you know, under the idea that, yeah, sometimes unfortunate things happen, and in those instances where the renter cannot return the key, they probably afforded some level of additional protection as well.

  • Rick Chavez Zbur

    Legislator

    I just didn't have time to get in the weeds on this Bill. But I trust the author, who always is very thoughtful on what she's doing. And so I'm going to support the Bill today and urge that you continue working with the consumer advocates on the Bill. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Yeah. And I think that's what it comes down to is like, you know, we want to make sure that, you know, we don't place too much of a burden on the consumer. And I think the, the amendments that have been made up to this point have moved us in a very positive direction in that regard.

  • Ash Kalra

    Legislator

    We do have a lot of cars, I know, that are stolen from, from rental car companies, and we definitely want to give the companies and empower them appropriately to be able to track down their vehicles and hold folks accountable.

  • Ash Kalra

    Legislator

    But that being said, I think there are still a few more gaps that we can, we can work out here. I mean, our Department of Homeland Security had her purse stolen, so, you know, which I presume may have had keys and other valuables that we know are already were in there.

  • Ash Kalra

    Legislator

    It can anyone, you know, that they can lose the key. And so we want to make sure that we're not disproportionately or putting too much of a burden on the consumers.

  • Ash Kalra

    Legislator

    And I think that some of the response that was given was in part in working with the Committee to ensure that we're getting the appropriate guardrails in place. And I know that it will be going to the Privacy and Consumer Protection Committee next.

  • Ash Kalra

    Legislator

    And so they'll have the opportunity to further have dialogue with the author and the sponsors. Would you like to close?

  • Lisa Calderon

    Legislator

    Yes. Thank you, Mr. Chair. And I will be obviously accepting the amendments the Committee's put forth. And I just want to thank your staff for working with us on this Bill and just know that, you know, consumer protections are something that's important part of what we do here. And so we're going to continue working on this Bill.

  • Lisa Calderon

    Legislator

    And I appreciate your comments, too, Assemblymember Zbur; I respectfully ask for an aye vote.

  • Ash Kalra

    Legislator

    Yeah. And just for the record, you didn't have to accept amendments. I think your due diligence of your staff and our staff were already crossed. And so that's an indication of the continued work from the author to ensure we move in the right direction on this. Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Right. We'll place that Bill on call. Thank you.

  • Lisa Calderon

    Legislator

  • Lisa Calderon

    Legislator

    Thank you, Mr. Chair.

  • Ash Kalra

    Legislator

    Okay. If we can. We had like three or four authors here 10 minutes ago or before that Bill, and so they may have been pulled away. Yes, let's go ahead and do that. That's right. Thanks for reminding me. Item 13, AB839. Blanca. Senator Blanca Rubio as Pacheco will be present.

  • Kathleen Van Osten

    Person

    You're welcome. Thank you.

  • Blanca Pacheco

    Legislator

    Thank you, Mr. Chair and members, for allowing me to present AB 839 on behalf of Assembly Member Blanca Rubio. It's relating to sustainable aviation fuel. This bill would add sustainable aviation fuel projects to the list of infrastructure projects eligible under the California Environmental Quality Act for expedited judicial review.

  • Blanca Pacheco

    Legislator

    Over the last several decades, California has made great strides to reduce emissions and address air quality, including investments in cleaner practices for mobile ground transportation, public transit, and trucking.

  • Blanca Pacheco

    Legislator

    From 2000 to 2022, emissions fell by 20% and much of the reduction in emissions came from the transportation sector and the increased use of renewable fuels, which will remain a key strategy until electric technology and infrastructure are firmly in place. United States's commercial aviation attributes about 2% of the nation's greenhouse gas emissions.

  • Blanca Pacheco

    Legislator

    However, the commercial aviation industry in the United States has pledged to achieve net-zero carbon emissions by 2050. To achieve these goals, the most practical solution available is sustainable aviation fuel, which reduces carbon dioxide emissions by up to 80% and reduces particulate matter by 50%.

  • Blanca Pacheco

    Legislator

    SAF is a relatively new commodity, and as such, is not yet being produced as sustainable amounts in California. Some would be California SAF producers have taken their business to neighboring states due to a lack of incentives to operate in California as well as lack of certainty in regards to the CEQA review process and delays.

  • Blanca Pacheco

    Legislator

    By adding SAF projects to the list of infrastructure projects eligible for expedited CEQA review, this bill would provide certainty for SAF producers that the environmental review and approval process will not delay projects and will promote SAF production in California, aiding the transition away from conventional jet fuel. With me today to testify is Derek Phelps of Twelfth, a California based--

  • Kathleen Van Osten

    Person

    I'm sorry. That's Julian Lake, Bay Area Council.

  • Blanca Pacheco

    Legislator

    Okay. I'll just hand it over to my witnesses.

  • Kathleen Van Osten

    Person

    Thank you, Assembly Member. This is not an easy subject to jump into, so we really appreciate you taking it up for Assembly Member Rubio. Kathy Van Osten, MVM Strategy Group. I represent United Airlines, and we are working with a large coalition of stakeholders that are very invested in bringing the SAF market from its infant situation right now to reality.

  • Kathleen Van Osten

    Person

    As the Assembly Member mentioned, we don't have nearly enough SAF in the next ten years, in the next 20 years to meet the needs of the commercial aviation industry. The military is also flying on it. General aviation also wants it, but what's happened in California, we were first the leader, we were the first in the globe to actually have SAF produced consistently.

  • Kathleen Van Osten

    Person

    United has been flying on SAF consistently out of LAX for the last, I think, eight years or so, but we have a need--by 2045, we're going to need about 3.2 billion gallons, 3.2 to 3.5 billion gallons of SAF in order to meet our obligations under the California Scoping Plan. We--in 2024, there were 20 million gallons, about 20 million gallons either delivered or produced in California.

  • Kathleen Van Osten

    Person

    So we have a long way to go, and what is happening now, we have California producers with amazing innovative technology that actually is going to get greater emissions that are looking to site outside of California because of the uncertainty around CEQA.

  • Kathleen Van Osten

    Person

    We have other issues that we're working on simultaneously to help really drive the policy profile for California so that producers will bring their SAF to California and potentially site in California, which is what we would like to see. So I'm going to turn it over to Julian Lake with the Bay Area Council. They did much of the work to get this bill off the ground, and--

  • Julian Lake

    Person

    Thank you, Kathy. Good morning, chair and members of the committee. My name is Julian Lake. I'm the Policy Director for Climate Energy at the Bay Area Council. Bay Area Council represents over 330 various businesses, universities, and laboratories in the region that are committed to making our region the most innovative, globally competitive, inclusive, and sustainable region in the world.

  • Julian Lake

    Person

    We know that the fight against climate change is not a question of if, but when at this stage in the game, and SAF is one of the most important tools in our toolbox to help us meeting those climate deadlines. We were--the Bay Area Council was instrumental in working with airlines and other stakeholders to help to craft this bill, and we are testifying in support of this measure today.

  • Julian Lake

    Person

    We think that it's very timely and critical that we support SAF at this critical moment as the market is beginning to seek significant growth in the sector and demand for it is increasing in commercial, general, and military aviation sectors. We know that SAF reduces carbon emissions by up to 80 to 90% from conventional jet A fuel.

  • Julian Lake

    Person

    It also reduces particulate matter and has--by 50%--and 100% sulfur reduction which impacts frontline communities and ground workers at airports, folks that are directly affected by the effects of particulate matter. We find that the procurement of SAF in state is questionable.

  • Julian Lake

    Person

    Even though California was one of the first states to be innovator in this area, it is now--most SAF producers are looking at siting out of state because of greater financial incentives and rapid permitting processes there. Investors and developers seek a signal and commitment to SAF to make the kinds of investment needed, and we thank you. Thank you for your time on behalf of the Bay Area Council.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 839?

  • Julee Malinowski-Ball

    Person

    Yeah. Julee Malinowski-Ball, on behalf of Southwest Airlines, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Lizzie Cootsona

    Person

    Lizzie Cootsona, here on behalf of Boeing, in support. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Cliff Costa

    Person

    Mr. Chair and members, Cliff Costa, today, on behalf of Delta Airlines, in strong support. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Alberto Torrico

    Person

    Morning, Mr. Chair and members. Alberto Torrico, Airlines for America, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Jennifer Roe

    Person

    Good morning. Jennifer Roe, on behalf of the Biotechnology Innovation Organization and the California Hydrogen Business Council, all in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Molly Maula

    Person

    I'm Molly Maula with Edelstein, Gilbert, Robson & Smith, on behalf of San Francisco International Airport, in support. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Lauren Wesche

    Person

    Hi. Lauren Wesche, on behalf of the California Airports Council, in strong support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 839?

  • Kerry Guerin

    Person

    Good morning. My name is Kerry Guerin. I use she/her pronouns. I'm the Richmond Staff Attorney at Communities for a Better Environment. We organize in four California communities, including Wilmington down in Los Angeles. I want to start with a quick show of hands. Who in their district has climate impacts and accelerating and worsening environmental challenges?

  • Kerry Guerin

    Person

    You can raise your hands in your hearts. And who has a major refinery in their district? And at heart, this bill gets to that question exactly. We're trying to solve a problem for many by continuing to burden the few.

  • Kerry Guerin

    Person

    We're continuing to burden the few refinery communities across the state who have borne the brunt of our transportation needs and its negative environmental impacts. Now, come to Richmond with me, one of our California refinery communities. There you'll note that there are 11 premature deaths each year because of the particulate matter alone from the refinery.

  • Kerry Guerin

    Person

    This is the 99th percentile for asthma for children who live along the fence line of the refinery, and the kids at Peres Elementary know to run inside when the refinery is on fire. And it's a community that dreams of moving beyond the refinery.

  • Kerry Guerin

    Person

    Now, bills like AB 839, while well-intentioned to solve many other pressing issues, threatens that dream. And we cannot combat climate change by reentrenching a model of having sacrifice zones throughout the state. And it's not a genre ripe for CEQA streamlining.

  • Kerry Guerin

    Person

    The three biofuel refineries that are coming online here in California have all gone through inadequate CEQA processes, and I can testify to that because my organization is sued in each of those three CEQA processes, and each time the court agreed with us.

  • Kerry Guerin

    Person

    Now, the same is true for many of the feedstock communities who will also be impacted by this bill, and for all those reasons, our coalition respectfully urges you to vote no. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Ada Waelder

    Person

    Good morning or afternoon. I'm not really sure where we are at this point in the day, but my name's Ada Waelder. I am a policy advocate with Earthjustice, which is a public interest environmental nonprofit law organization, here in opposition to AB 839.

  • Ada Waelder

    Person

    Earthjustice opposes AB 839 because it undermines the public's right to challenge polluting SAF projects throughout the state and because it's an unnecessary handout to industry at the expense of public health. The production and transport of SAF and its feedstocks causes wide-ranging health harms, including emissions of toxic and carcinogenic air pollutants in already polluted communities.

  • Ada Waelder

    Person

    As the analysis highlights, the importance of CEQA in these types of projects can be seen in the Paramount Project. These projects require careful judicial scrutiny to ensure they're properly analyzed, avoided, and mitigated. Independent judicial review of these project is not useless red tape.

  • Ada Waelder

    Person

    It's the core means by which people who breathe dirty air can get the relief they need to live full and healthy lives. The Legislature must not slash this right in order to benefit just one industry. There are two other core problems with this bill.

  • Ada Waelder

    Person

    The science shows and CARB acknowledges that SAF made from crop-based oils risks increasing greenhouse gases and global hunger, directly contrary to California's role as a global climate leader. Yet this bill could allow SAF made from these types of oils to enjoy expedited judicial review. SAF producers do already enjoy subsidies through the Low Carbon Fuel Standard and SAF volumes are on track to meeting the state's stated 2035 goals without streamlining.

  • Ada Waelder

    Person

    According to the most recent LCFS data, in Q3 of 2024 alone, 25 million gallons of SAF were reported under the LCFS, a 590% increase from the year prior, again, without streamlining. There is no reason to force Californians to sacrifice their right to clean air to benefit this growing industry at the expense of a few. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB 839?

  • Faraz Rizvi

    Person

    Hi. Faraz Rizvi with the Asian Pacific Environmental Network, and we also oppose this bill.

  • Ash Kalra

    Legislator

    Thank you. Anyone in the committee? Questions? Comments? Motions?

  • Blanca Pacheco

    Legislator

    So moved.

  • Ash Kalra

    Legislator

    Okay, we have a motion and a second. I definitely share some of the concerns of the opposition. I know that as this went through the Natural Resources Committee, the chair appropriately narrowed it, and I think, you know, I'll certainly continue to monitor progress on it, but understand, you know, some of the competing interests that are involved here. Would you like to close?

  • Blanca Pacheco

    Legislator

    Thank you. On behalf of Assembly Member Rubio, I respectfully ask for your aye vote.

  • Ash Kalra

    Legislator

    Assembly Member Bryan? Oh, sorry. All right, thank you.

  • Committee Secretary

    Person

    Motion's do pass to Appropriation. [Roll Call].

  • Ash Kalra

    Legislator

    Okay, we'll place that on call. Needs one more vote. Thank you. Oh, yeah. Up next, item, File Item One. Assembly Member Bryan.

  • Isaac Bryan

    Legislator

    Witnesses on their way in. Busy day.

  • Isaac Bryan

    Legislator

    Thank you, Mr. Chair and colleagues. For over 13 generations, enslaved people in this country were prohibited from reading and writing, learning to read and write. For decades after emancipation, descendants of enslaved people were prevented from attaining higher education, forced to attend separate and unequal schools, and barriers to our institutions of higher learning persisted and continue to persist.

  • Isaac Bryan

    Legislator

    But that legacy of harm has never fully been rectified or repaired. However, legacies of privilege have always been rewarded in our country and in our state. In fact, it was just last year that California finally ended legacy admissions in private universities, where if you were the descendant of a major donor or the child of somebody who attended a university, that that was a consideration in your admissions decision. There are institutions across the country that still accept legacy admissions.

  • Isaac Bryan

    Legislator

    There are also a handful of institutions of higher learning that have grappled with their relation to slavery. I know that Georgetown has sought to repair and provide redress for the descendants of the slaves who built--physically, literally built the university.

  • Isaac Bryan

    Legislator

    AB 7 comes out of that framework of thinking and work done by the Reparations Task Force here in California to grapple with our role in the perpetuation of the afterlives of slavery. What it would allow is for private and public universities across the state to consider if somebody is a descendant of a formerly enslaved person during American chattel slavery in their admissions holistic criteria. With me to testify is Justin Ward from the California Association of Black Lawyers, and this bill is one of the pieces of the California Legislative Black Caucus's Road to Repair Package this year.

  • Ash Kalra

    Legislator

    Thank you.

  • Justin Ward

    Person

    Good morning. As Assemblyman Bryan just stated, my name is Justin Ward. I'm here on behalf of the California Association of Black Lawyers, or CABL. CABL was formed in 1977 by Black judges and attorneys to confront racism in the legal system and increase representation in the profession.

  • Justin Ward

    Person

    Today, CABL represents more than 6,000 Black attorneys, judges, law professors, and law students across California. Our mission includes increasing Black representation in the legal profession, and we know that begins with fair access to education. Assembly Bill 7 is designed to address California's legacy of slavery.

  • Justin Ward

    Person

    AB 7 defines a descendant of slavery as 'a person who, through lineage, can trace their ancestry to an individual who was enslaved during the period of American chattel slavery.' A person could be a descendant of slavery regardless of their race or ethnicity. AB 7 would not apply to those who are not descendants of slavery.

  • Justin Ward

    Person

    For example, President Obama, whose father was from Kenya and whose mother was White, would not qualify. Native Americans who were enslaved potentially would qualify. California has a long history of slavery that includes the enslavement of Indigenous peoples, African Americans, and other individuals from diverse racial and ethnic backgrounds.

  • Justin Ward

    Person

    Though California entered the Union in 1850 as a free state, slavery was practiced here. Many enslaved people were brought to California by their southern slave owners during the Gold Rush. And the Supreme Court here in California returned slaves to their slave owners on multiple occasions.

  • Justin Ward

    Person

    AB 7 focuses on lineage rather than race, which avoids triggering Proposition 209 while still addressing systematic exclusion. Descendants of slavery are ancestry-based, not race-based, which helps it comply with constitutional limits. That my time?

  • Isaac Bryan

    Legislator

    Yeah.

  • Justin Ward

    Person

    Okay.

  • Ash Kalra

    Legislator

    Since you're the only witness, you can continue.

  • Justin Ward

    Person

    Okay.

  • Isaac Bryan

    Legislator

    We have a good chair.

  • Justin Ward

    Person

    Black students remain vastly underrepresented in California public universities, comprising only 4% of CSUs and 4.7% at UC, despite being over 6% of the state's population. These disparities stem from historical and structural inequities, particularly those affecting descendants of formerly enslaved people. This law is carefully crafted to comply with the federal law. It does not mandate preferences.

  • Justin Ward

    Person

    It permits colleges to consider an applicant's lineage as one factor among many, ensuring individualized consideration. It's carefully written to avoid conflict with federal law and is legally defensible under Prop. 209 and the Students for Fair Admissions versus Harvard.

  • Justin Ward

    Person

    In fact, Justice Clarence Thomas, who is no fan of affirmative action or anything like that, in that case, the Student for Fair Admission acknowledged that benefits for freedmen or formerly enslaved people after the Civil War were race-neutral, which supported the idea of a lineage-based benefit like AB 7.

  • Justin Ward

    Person

    All of these reasons are why CABL strongly supports AB 7. It represents a lawful, targeted, and morally necessary step toward redressing the intergenerational harms of slavery. We recognize that if passed, this bill will almost certainly face a legal challenge, but that is a fight worth having.

  • Justin Ward

    Person

    This measure gives our courts the opportunity to affirm that addressing the enduring legacy of slavery is not only permissible, it is essential. For these reasons, we urge your support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 7?

  • Kristin Nimmers

    Person

    Good morning. Kristin Nimmers, on behalf of the California Black Power Network, a coalition of 44 organizations.

  • Ash Kalra

    Legislator

    Thank you.

  • Lizzie Cootsona

    Person

    Lizzie Cootsona, here on behalf of the California Faculty Association, in support. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Marla Williams

    Person

    Hi. My name is Marla Williams. I'm from California Black Power Network, and I support AB 7.

  • Ash Kalra

    Legislator

    Thank you.

  • Brittany Bellamy

    Person

    Hi. My name is Brittany Bellamy. I'm with BWOPA. We're from Oakland and we're part of the California Black Power Network, and I support AB 7.

  • Ash Kalra

    Legislator

    Thank you.

  • Rob Alexander

    Person

    Dr. Rob Alexander. I'm representing Peralta College in support of AB 7.

  • Ash Kalra

    Legislator

    Thank you.

  • Dawn Modkins

    Person

    Good morning. Dawn Modkins with the Southern California Black Worker Hub, representing over 10,000 Black workers throughout Southern California and with the California Black Power Network, and we support this bill.

  • Ash Kalra

    Legislator

    Thank you.

  • Michelle Chambers

    Person

    Hi. I'm Michelle Chambers. I'm with the California Black Power Network and A New Way of Life, and we support AB 7.

  • Ash Kalra

    Legislator

    Thank you.

  • Tamara Michael

    Person

    Hello. My name is Tamara Michael. I am the current president of California Association of Black Lawyers, and standing in support of this measure.

  • Ash Kalra

    Legislator

    Thank you.

  • Taylor Morrison

    Person

    Hello. My name is Taylor Morrison, and I support CABL and I support AB 7. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Julie Sesalis

    Person

    Hello. My name is Julie Sesalis. I'm here on behalf of the Social Justice Learning Institute in Inglewood, California, and we support AB 7.

  • Ash Kalra

    Legislator

    Thank you.

  • Rebecca Gonzales

    Person

    Rebecca Gonzales, Western Center on Law and Poverty, in strong support. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Tasha Henneman

    Person

    Tasha Henneman with the Black Leadership Council, we're co-sponsors, and strong support for AB 7. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Johnny McNair

    Person

    Johnny McNair with Progressive Parenting, Southern Cal. I'm in support with one--if I can ask, how will we go about determining who and who is not of lineage?

  • Ash Kalra

    Legislator

    Thank you. We'll allow them to speak to that when we're done with the comment. Thank you.

  • Darris Young

    Person

    Greetings. My name is Darris Young, and I represent the Bay Area Regional Health Inequities Initiative and the Black HAT Coalition, and we are a sponsor of this bill and we do support it wholeheartedly. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Zelon Harrison

    Person

    Hi. I'm Zalon Harrison. I'm with Black HAT and also the NAACP, and we support AB 7.

  • Ash Kalra

    Legislator

    Thank you.

  • Roshaun Davis

    Person

    Hi. My name is Roshaun Davis with CLTRE, in support of AB 7 and Black HAT.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 7? All right, we'll bring it back to committee. Assembly Member Bryan, either you or your witness would like to speak to the question that was raised as to how you determine lineage?

  • Isaac Bryan

    Legislator

    I think the chair of the Legislative Black Caucus has a bill that's seeking to address this in a more holistic way. Our bill doesn't actually speak to how you would have to do that. We don't believe that we should mandate to the UCs or the CSUs or any university how best to facilitate their processes, only to clarify that they have the legal authority to do so and to explore this consideration if they so wish.

  • Ash Kalra

    Legislator

    And so the bill by Senator Weber is focused on this lineage question that is related to a number of other bills that--in this space--but there's one bill itself that's going to focus on determining that question of how you determine lineage. And so it will--a lot of these other bills will be predicated on the results and--

  • Isaac Bryan

    Legislator

    I'll be explicit. This bill is not predicated on that. This bill would also allow for the UCs, the CSUs, and their--as with all of their admissions criteria, I don't believe the state dictates how they should determine an applicant's--any of their measures, whether it's the socioeconomic status say they come from or etcetera.

  • Isaac Bryan

    Legislator

    And so I think giving the universities the flexibility to determine for themselves a process and learning through that process as the chair of the Black Caucus goes down this other endeavor, I think both, both are important and necessary.

  • Ash Kalra

    Legislator

    And also will be a tool that they will be able to use.

  • Isaac Bryan

    Legislator

    Correct.

  • Ash Kalra

    Legislator

    Any other questions or comments from the committee? We have a motion. Is there a second? We have a motion and a second. I want to thank the author and our Legislative Black Caucus colleagues for continuing to put forth these incredibly important pieces of legislation.

  • Ash Kalra

    Legislator

    As I've indicated before, this is one more example where you have generations of families of individuals that have been disadvantaged because of the condition of slavery that they were under for many, many years and the after-effects of that.

  • Ash Kalra

    Legislator

    And I would just ask anyone whose family is not a descendant of American slavery to ask how they would feel if it was their family and their family's legacy and the generations that followed that were disadvantaged because of these discriminatory practices that were pervasive even here in the State of California, as mentioned.

  • Ash Kalra

    Legislator

    Even though California was, quote, 'a free state,' it did allow and protect those that owned human beings to continue in that practice here in our state. And until we come to that realization and recognition that we all owe a debt for that, I think we are, we have, we are incomplete in our healing, and so I would like to be added as a co-author. Would you like to close?

  • Isaac Bryan

    Legislator

    Absolutely. Thank you, Mr. Chair. I also want to thank the committee for their thoughtful analysis. We have faced since introduction of this bill, non-legal scholars speaking to the constitutionality of this measure and I think the analysis points out very clearly that that question can't be answered with current precedent.

  • Isaac Bryan

    Legislator

    There are good reasons suggesting that it is entirely constitutional and that if the courts wanted to take a look at this, that they can and should, but I think the opportunity to move towards repair and redress is something we have to charge forward on regardless.

  • Isaac Bryan

    Legislator

    We are 400 years too late, and we have provided proper redress and repair for a number of others, including in the higher education space where we have the Native American Opportunity Program here in California that also pays or waives student fees tuition, which I think is another worthwhile conversation, but not at all in the contents of this bill.

  • Isaac Bryan

    Legislator

    This bill is not a mandate on our universities. This bill simply acknowledges for the first time in California's history that if you are a descendant of a chattelly enslaved person, that that matters and is meritorious in its own right and should be considered amongst a host of holistic considerations for admittance into one of our institutions of higher learning. And with that, I respectfully ask your aye vote.

  • Ash Kalra

    Legislator

    Thank you.

  • Committee Secretary

    Person

    Motion's do pass to Appropriations. [Roll Call].

  • Ash Kalra

    Legislator

    We'll place it on call. Thank you. Assembly Member Ahrens.

  • Unidentified Speaker

    Person

    Morning. How are you?

  • Patrick Ahrens

    Legislator

    Thank you, Mr. Chair and Members. In 2018, the state created a Mobile Home Residency Law Protection Program which mandates a $10 annual fee for each permitted mobile home space.

  • Patrick Ahrens

    Legislator

    AB635 requires the Housing and Community Development HCD to refer to the Attorney General to take up to the 25 of the most serious, harmful and economically significant alleged violations of the Mobile Home Residency law.

  • Patrick Ahrens

    Legislator

    The Attorney General will have full discretion and authority to to arbitrate, mediate, negotiate or pursue any available judicial remedies regarding violations of the mrl. We want to ensure protection for residents because the housing market is continually rising, making mobile homes one of the most affordable options.

  • Patrick Ahrens

    Legislator

    With me today as witnesses are Bruce Stanton, counsel for the Golden State Manufactured Homeowners League, and Beverly Purcell, a mobile home resident.

  • Ash Kalra

    Legislator

    Thank you.

  • Beverly Purcell

    Person

    Good morning. Beverly Purcell, on behalf of GSMOL, in strong support. Like me, most mobile home residents are seniors, veterans, immigrants, all of modest means. AB635 is limited, unfocused. HCD to refer a maximum of 25 of the most severe alleged MRL violations in a year to the Attorney General for further evaluation.

  • Beverly Purcell

    Person

    MRL violations often lead to eviction and confiscation of our homes, which for many of us is our life savings. When we can't move our home because it's too costly or there is no place to move them, the park owner can start the abandonment process.

  • Beverly Purcell

    Person

    HCD does not have the authority to enforce the mrl, but does have the authority to refer alleged MRL violations. Currently, HCD has limited capacity to oversee legal service providers. We need to ensure the most severe MRL violations aren't overlooked or ignored.

  • Beverly Purcell

    Person

    In 2023, the State Auditor concluded the oversight of the Mobile Home Residency Law Protection Program must improve. This Bill ensures the Attorney General retains full discretion and authority to arbitrate, mediate, negotiate or pursue all available judicial remedies.

  • Beverly Purcell

    Person

    Funds from the Mobile Home Dispute Resolution Fund, which is funded by we the residents, will be made available to the Attorney General. We are doing our part with limited resources to to keep our homes. Please help us by supporting AB 635. Thank you.

  • Bruce Stanton

    Person

    Good morning, Mr. Chairman, Committee Members, Bruce Stanton Corporate Council for GSMOL and Support. The mobile home residency law is an important law because it protects more than 1 million homeowners and residents throughout California. And it recognizes the captive nature of mobile home tenancies and the unfair bargaining position that mobile home residents find themselves in.

  • Bruce Stanton

    Person

    To quote one court, because of their immobility, the park owner has the residents over a barrel. The MRLPP gives homeowners ability to enforce this important body of law to protect and preserve their affordable housing.

  • Bruce Stanton

    Person

    And it receives complaints of all manner of violations ranging from unauthorized charges, evictions, resale interference, attempts to enforce unreasonable rules and regulations, and interference with rights of communication or Assembly that are enshrined in the mrl. So the program not only provides enforcement, but it also acts as a deterrent to the bad actor park owners.

  • Bruce Stanton

    Person

    These twin goals of enforcement and deterrence are best accomplished by involving the California agency best equipped to deal with that.

  • Bruce Stanton

    Person

    And the Bill does not change the substance of the program at all, but it simply allows for the limited number of the most severe and material violations to be referred to the Attorney General for resolution or enforcement in its discretion.

  • Bruce Stanton

    Person

    So it will greatly improve the program by enabling the state agency, the most well versed in the law, to become involved when merited by the severity of the violation. We respectfully request your aye vote.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 635?

  • Ann Kolachitas

    Person

    Good morning. My name is Ann Kolachitas. I am a mobile homeowner, and today, I represent the nearly 1 million Members of the California Alliance of Retired Americans. Thank you.

  • Unidentified Speaker

    Person

    John Kyle, President of the Sonoma County Mobile Homeowners Association. And we support this Bill.

  • Ash Kalra

    Legislator

    Thank you. Is anyone here in opposition to AB635?

  • Chris Wysocki

    Person

    Thank you, Mr. Chair, Members, Assemblyman, my name is Chris Wysocki with WMA. And first of all, I want to thank the author. The work that you've done to amend this Bill, I think has addressed a lot of our concerns. So we really, truly thank you from the bottom of our hearts.

  • Chris Wysocki

    Person

    And the amendment that he that I'm talking about is instead of making the MRLPP permanent, he's simply extending the sunset date out to 2030. So thank you for that. But despite the amendment, we still do have several concerns with the Bill.

  • Chris Wysocki

    Person

    By requiring HCD to refer a total of 25 violations of the MRL to the Attorney General, we wonder where the authority to do so is in the Bill, especially given the fact that AB318, that was sponsored by the same group sponsoring this Bill just a couple years ago, removed the authority to determine what the severe and deleterious cases were that would be sent on to an lsp.

  • Chris Wysocki

    Person

    We further, I want to thank the Committee and the Committee consultant's recognition that it may be appropriate to lower the $10 annual fee. But the lack of specificity causes us to remain concerned. There doesn't seem to be a limit on how much the Attorney General can charge HCD for reviewing and acting on allegations raised by the mrlpp.

  • Chris Wysocki

    Person

    So we question whether or not there will be guardrails to ensure that the nearly $8 million surplus in the program is not used to bolster the Attorney General's operating budget in this challenging fiscal year. Again, we appreciate the work the author has done to address many of our concerns.

  • Chris Wysocki

    Person

    And with the mandatory park manager training program that's currently being implemented, we believe the number of valid allegations involving the MRL will only continue to decrease. But we'll know more when the program date arrives. Thanks for letting us share our concerns. We respectfully oppose.

  • Ash Kalra

    Legislator

    Thank you. Anyone else here in opposition to AB635. We'll bring it back. And yeah, I think the goal is there wouldn't be any need for this. Right. I think that working cooperation with the mobile home parks and what have you. But you know, the. With some of these severe violations, I think having the ability to have the Attorney General do further investigation, I think can prove to be valuable.

  • Ash Kalra

    Legislator

    And I know that the organizations representing the park owners don't condone some of the conduct of some of those owners that don't upkeep or maintain properties that are worthy of the dignity of the residents. So I think everyone hopefully is on the same page with that. But I've already co authored this Bill.

  • Ash Kalra

    Legislator

    And so I certainly stand with the author and the work he's doing to protect mobile home residents. Our City of San Jose has more mobile home residents than anywhere else in the. Any other city in the state.

  • Ash Kalra

    Legislator

    And so it's an important aspect of how we maintain what has become in many cases, De facto affordable housing, especially for seniors. Assemblymember Harabedian.

  • John Harabedian

    Legislator

    Thank you, Mr. Chair. Want to thank the author for the work on this Bill. And obviously the opposition brings up points that. That I know the author will continue to work with the opposition on.

  • John Harabedian

    Legislator

    And with that, I do want to move the Bill and you can list me as a co author and I look forward to seeing the final product on the floor. Thank you. Thank you.

  • Ash Kalra

    Legislator

    Is there a second? And we have a second. Any other questions or comments? Some Member Aarons would like to close.

  • Patrick Ahrens

    Legislator

    Thank you, Mr. Chair. As was mentioned, I do and have. Continued to work with the opposition on Amendments and respectfully ask for your aye vote.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    All right, we'll place that on call. Thank you. Thank you. Thank you. Okay. Assembly Member Elhawary, we have a motion. We're hearing Item overhearing, item 12, right? AB742. So we have a motion. Is there a second? And a second.

  • Sade Elhawary

    Legislator

    Good morning, chair and Members. I am proud to present AB742, which would require licensing boards to prioritize descendants of slaves when reviewing applications for professional licenses. Nearly 30% of all jobs in California require a license, certification or background clearance.

  • Sade Elhawary

    Legislator

    But for generations, descendants of slaves have been systematically locked out of these pathways due to the lasting impact of racial bias and criminalization. We cannot talk about professional barriers without acknowledging that our laws, this Legislature's laws, have historically excluded descendants of slaves.

  • Sade Elhawary

    Legislator

    Descendants of slaves have been pushed out of these jobs not because of lack of talent or drive, but because of systemic policies designed to keep descendants of slaves out. This Legislature helped create many of those barriers. We passed laws that made it harder for people with a record to even apply for a license.

  • Sade Elhawary

    Legislator

    In some cases, people have to wait years after serving their time just to be considered. And we know who's most impacted. Descendants of slaves have been the ones most harmed by over policing, incarceration, and these licensing rules that keep people stuck. AB742 is a step toward fixing that. It tells licensing boards when you review applications.

  • Sade Elhawary

    Legislator

    You need to prioritize people who've been locked out for far too long. This Bill is about jobs, it's about economic access, and it's about repairing harm we helped to create. I'm committed to breaking down these barriers, and I am asking this Committee to join me.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB742? Anyone else besides the author?

  • Mitch Steiger

    Person

    Mitch Steiger with CFT in support.

  • Lizzie Cootsona

    Person

    Thank you. Lizzie Cootsona With the California Faculty Association in support. Thank you.

  • Molly Maula

    Person

    Molly Maula, on behalf of Planned Parenthood Affiliates of California and support.

  • Ash Kalra

    Legislator

    Thank you. All right, is there anyone here in opposition to AB742? Bring it back to Committee. We already have a motion on the table. Any further questions? Comments? Right. Well, I also certainly want to thank you for bringing this Bill forward. Would you like to close?

  • Sade Elhawary

    Legislator

    I respectfully ask for your aye vote to create a more equitable future for descendants of slaves.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, we set Bill on call. Thank you. And Then up next, AB 1037, item 20.

  • Sade Elhawary

    Legislator

    Hi, good afternoon again, chair and Members. I'm here to present AB 1037, which updates out. zero, I actually have a witness, too. Sorry, I got too excited. No problem. Which updates outdated substance use disorder laws to reflect what actually works. Evidence based, compassionate care that meets people where they are.

  • Sade Elhawary

    Legislator

    California is moving forward in how we treat behavioral health. We've passed big reforms and created new ways to reach more people. But our laws haven't kept up. They still carry outdated language and barriers that do real harm. I represent skid row. I see what happens when systems fail people, when treatment is out of reach, when.

  • Sade Elhawary

    Legislator

    When stigma is written into law, and when the only door left open is jail or death. AB 1037 helps remove those barriers. It gets rid of language that shames people, updates policies to reflect current best practices, and makes sure our laws support healing, not punishment. People don't need more judgment.

  • Sade Elhawary

    Legislator

    They need care, services and a path forward, whether they're just starting to seek help or have been trying to get support for years. The fact that this Bill touches so many parts of statute shows how broken and inconsistent the system is.

  • Sade Elhawary

    Legislator

    We have a real opportunity to bring clarity, compassion and consistency to how we treat substance use in this state. With me today is Dr. Gary Tsai, Director of LA County's Substance Abuse Prevention and Control Program and Malik Bynum with California Behavioral Health Directors Association to testify and support.

  • Gary Tsai

    Person

    Thank you. Thank you. Hi chair and Members, My name is Dr. Gary Tsai. I am the Director of Substance Use for Los Angeles County. I'm a physician board certified in Psychiatry and Addiction Medicine.

  • Gary Tsai

    Person

    Additionally, I'm also someone with lived experience being a family Member who struggled to navigate the behavioral health system as we face the worst overdose crisis in history. Drug related overdoses and poisonings in Los Angeles County have skyrocketed by over 1,500% from 2016 to today, amounting to eight to nine people per day dying from overdoses.

  • Gary Tsai

    Person

    A silver lining is that in 2023, for the first time in a decade, we saw a plateau in drug related overdose deaths and poisonings. The biggest reason why is because of the significant increase in access to the opioid overdose reversal medication known as Naloxone which was also approved for over the counter use in 2023.

  • Gary Tsai

    Person

    California has made progress in scaling access to naloxone, but AB 1037 will add to this progress by adding statutes to get Naloxone in the hands of more California residents and adding clarity around its availability.

  • Gary Tsai

    Person

    Additionally, this Bill will lower barriers to substance use treatment, increase access to proven overdose prevention strategies and evidence based treatments such as medications for addiction treatment, and allow for discussions around reducing risk for people who are using drugs. In closing, AB 1037 allows us to better support people with substance use disorders and will save lives.

  • Gary Tsai

    Person

    Happy to answer any questions and respectfully request your aye vote.

  • Ash Kalra

    Legislator

    Thank you. Your second motion. Second. Anyone else here in support of AB 1037?

  • Sade Elhawary

    Legislator

    oh, Malik Bynum.

  • Ash Kalra

    Legislator

    Oh wait, which one am I on?

  • Sade Elhawary

    Legislator

    Yeah, he moved it before our second one. .

  • Ash Kalra

    Legislator

    Oh. Please continue. For those inline, if you want to take a seat, if you want to hang out for a couple minutes, please.

  • Malik Bynum

    Person

    Thanks. Dr. Tsai. Good morning Mr. Chair, Members of the Committee, Malik Bynum, Legislative Advocate with the County Behavioral Health Directors Association representing all 58 counties and two cities. We are the public behavioral health agency serving the mental health and substance use disorder needs for California and we are in strong support of AB 1037.

  • Malik Bynum

    Person

    The SUD Modernization act established by this Bill proposes a number of solutions to address both historical stigma pertaining to SUD treatment as well as outdated statute presenting barriers to those who want and need SUD recovery assistance.

  • Malik Bynum

    Person

    California's behavioral health system has experienced a number of programmatic changes from expansion to LPS Proposition 36 as well as a myriad of BHSA requirements coming down from Proposition 1. One constant is that at the core of county behavioral health is the array of SUD treatment services that we provide as the safety net for all Californians.

  • Malik Bynum

    Person

    AB 1037 aligns current law with best practices identified by SUD subject matter experts such as Dr. Tsai and his team at LA Substance Abuse Prevention and Control and is reflective of the direction California behavioral health programs are trending when it comes to SUD treatment.

  • Malik Bynum

    Person

    One of the most important pieces of this Bill is updating state law to reflect the OTC status of naloxone hydrochlori nasal spray, which is a life saving medication to reverse opioid overdoses. As Dr. I mentioned, in 2023, the FDA approved naloxone for over the counter, non prescription use.

  • Malik Bynum

    Person

    And it's not because it's only immediately effective, but it's easy enough for anybody in this very room to use in the case of an opioid overdose emergency.

  • Malik Bynum

    Person

    We know that most first responders arriving on the scene of an overdose would have naloxone ready, but we also know that there's instances in which this response is unfortunately just too late. With naloxone more readily available, California will be better equipped to respond on a case by case basis to save lives for more individuals experiencing opioid overdoses.

  • Malik Bynum

    Person

    While this is just one piece of the overhaul of the SUD treatment system proposed by this Bill, it is a critical one that gives Californians a tool to respond to the opioid crisis currently plaguing our state. AB 1037, simply put, is smart, purposeful policy.

  • Malik Bynum

    Person

    This Bill takes multiple steps towards improving access and delivery of SUD treatment at a time when we need it the most to ensure timely interventions and to save lives. With that, we respectfully ask for your support and I vote today. Thank you for your time.

  • Ash Kalra

    Legislator

    Thank you so much. Now, is there anyone else in support of AB 1037?

  • Betsy Armstrong

    Person

    Mr. Chair and Members, Betsy Armstrong on behalf. Of the County Health Executives Association, representing local health departments. In support, thank you.

  • Kendra Zoller

    Person

    Kendra Zoller on behalf of the Commission for Behavioral Health. In support, thank you.

  • Brittney Barsotti

    Person

    Brittney Barsotti on behalf of California ACLU and strong support.

  • Ash Kalra

    Legislator

    Thank you.

  • Angela Manetti

    Person

    Good morning. Angie Manetti on behalf of the Steinberg Institute, in support, thank you.

  • Ash Kalra

    Legislator

    All right, is there anyone here in opposition to AB 1037? Okay, bring it back to Committee. Questions? Comments? All right, well, thank you for bringing this Bill forward. Would you like to close?

  • Sade Elhawary

    Legislator

    Yes. Last year on July 6, my cousin was like a brother to me, passed away of a fentanyl overdose and he didn't get the help in time. Let's build a system that saves lives and doesn't wait until it's too late. I respectfully ask for your aye vote. Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, we'll place that Bill on call. Thank you so much. Thank you. All right. Assignment Berman. And just for the record, we will be hearing three more bills before we recess. Assignment Berman. Senator Hoover and a Senator Pellerin. We will hear those three bills. Those are the only three bills we are going to hear.

  • Ash Kalra

    Legislator

    And then we will recess. So if other folks are out there and they're not here, we'll reconvene at 1:30. Sorry, Berman.

  • Marc Berman

    Legislator

    Good morning, Chair and Committee Members. Today I'm proud to present AB 408.

  • Ash Kalra

    Legislator

    Excuse me. If we can keep it down as people exit the room. Thank you.

  • Marc Berman

    Legislator

    I'm happy to present AB 408, which is intended to encourage health practitioners to receive care for substance use disorder and other conditions by reducing stigma and promoting treatment.

  • Marc Berman

    Legislator

    This Bill, which is sponsored by the Medical Board of California, would allow for the creation of a physician health and wellness program that aligns with nationally recognized best practices for protecting patients and connecting doctors with the help they need to continue practicing safely.

  • Marc Berman

    Legislator

    The Medical Board has not offered a formal wellness program for its licensees in nearly 18 years, when it was concluded that the Board's prior diversion program was not being effectively overseen or administered. Much has changed in 18 years, especially in our efforts to address those in our communities who struggle with substance use.

  • Marc Berman

    Legislator

    New leadership at the Medical Board has demonstrated their commitment to establishing a successful program, which is why they have spent the last two years consulting with experts across the country to develop language that is informed by research and proven through implementation in other states.

  • Marc Berman

    Legislator

    This Bill would not change any requirements for physicians referred to the program because they harmed a patient or committed malpractice. Physicians determined to be unsafe to practice would still be required to comply with the existing uniform standards. What this Bill would do is allow physicians to voluntarily receive treatment for their conditions before they harm someone.

  • Marc Berman

    Legislator

    Members, I believe it's a false choice to say we have to decide between protecting patients and helping healthcare providers get the help they need. I think we can do both. I think this Bill accomplishes that.

  • Marc Berman

    Legislator

    With me today in support of the Bill are Reji Varghese, Executive Director of the Medical Board, and Alicia Sanchez, on behalf of the California Medical Association.

  • Ash Kalra

    Legislator

    Thank you.

  • Reji Varghese

    Person

    Thank you, Mr. Chairman. My name is Reji Varghese and I'm the Executive Director of California Medical Board. I'd first like to thank Mr. Berman for partnering—sorry, it was a long run.

  • Ash Kalra

    Legislator

    Yeah, that's alright.

  • Reji Varghese

    Person

    Catching my breath—for partnering with us for honest effort.

  • Reji Varghese

    Person

    I joined the Medical Board of California in 2020 and prior to that, served the Oklahoma Medical Board for more than three decades, most recently as Deputy Director.

  • Reji Varghese

    Person

    In Oklahoma, I work very closely with Oklahoma Health Professionals Program, OHPP, and saw firsthand how early intervention and addressing a physician impairment is a great success that help to protect the public from an impaired clinician and help to rehabilitate them.

  • Reji Varghese

    Person

    Right now, the California Board's only tool to address a physician's health condition, that may impair their ability to practice safely, is to go through the disciplinary process.

  • Reji Varghese

    Person

    This is a reactive approach after the Board receives a complaint, which often occurs after a patient is harmed. It can take years to investigate and prosecute a physician, at a five to six figure cost. This approach sadly misses opportunities to prevent patient harm.

  • Reji Varghese

    Person

    During an 18-month public process, where we explored our existing authority in this area, and after working with experts operating similar programs in other states, the Board developed the proposal containing AB 408.

  • Reji Varghese

    Person

    This Bill authorizes a program to that prioritize early intervention for these health issues, by offering confidential evidence-based services before a provider becomes a risk to the public.

  • Reji Varghese

    Person

    If the Board learns that a licensee has a health issue but has not harmed their patient or engaged in sexual misconduct, we could refer them to program, in lieu of discipline.

  • Ash Kalra

    Legislator

    Thank you.

  • S. Sanchez

    Person

    Okay. Alicia Sanchez, with the California Medical Association. We're so pleased to be here in support today of AB 408. Physicians are not different than other people and other health professionals, in that they're human. They can get sick, just like anyone else.

  • S. Sanchez

    Person

    While certain types of conditions carry stigma, regardless of who you are, physicians carry the additional fear that seeking help, especially for mental and behavioral health conditions, will result in limits on their license and thus, their ability to practice medicine. This fear of enforcement for seeking care can have the perverse effect of discouraging physicians from getting care early, and this can result in preventable impairment that risks patient harm.

  • S. Sanchez

    Person

    I think the analysis was very thorough and appreciate that. I did want to point out that in 2021, there's a national organization—the Federation of State Medical Boards—that they support medical boards in their mandate of protecting the public and they adopted policy.

  • S. Sanchez

    Person

    Their House of Delegates adopted policy in 2021 that refers state medical boards to the Federation of State Physician Health Programs—Physician Health Program—guidelines and notes that early detection, evaluation, treatment, and monitoring a physician with an impairing illness enhances the Board's ability to protect the public.

  • S. Sanchez

    Person

    The Medical Board in doing the work to develop this Bill has incorporated those guidelines—the Federation of State Health Physician Programs guidelines—into this Bill, and we applaud them for that.

  • S. Sanchez

    Person

    I also would note that California is one of only three states without a physician health program for medical doctors and evaluation of the other states programs has shown them to be very effective.

  • S. Sanchez

    Person

    We believe that California patients and physicians deserve a program that will help physicians get the get the help for medical conditions that they may have before they become a problem in the physician's medical practice. AB 408 would allow the board to establish such a program, and we ask for your "Aye" vote.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 408?

  • Lizzie Cootsona

    Person

    Lizzie Cootsona, on behalf of the California Academy of Child and Adolescent Psychiatry, in support. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Molly Maula

    Person

    Molly Maula, on behalf of Planned Parenthood Affiliates of California, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Cheryl Marcell

    Person

    Cheryl Marcell, California Society of Addiction Medicine and California Patient Protection and Physicians Health and Wellness Organization, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Shira Spector

    Person

    Shira Spector, for Stone Advocacy, on behalf of the California Orthopedic Association, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Bryce Docherty

    Person

    Mr. Chair and Members. Bryce Docherty, on behalf of the California Society of Anesthesiologists, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Ryan Spencer

    Person

    Ryan Spencer, on behalf of the California Society of Pathologists and the American College of OBGYN's District 9, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Jason Castillo

    Person

    Dr. Jason Castillo, on behalf of California Dermatology Society and Dermatologic Surgery, in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Matt La Jay

    Person

    Good afternoon. Matt La Jay, with SEIU California, in support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 408?

  • Ash Kalra

    Legislator

    Two seats. Thank you.

  • Rebecca Marcus

    Person

    Still morning, so good morning, Chair and Members. My name is Rebecca Marcus, on behalf of the Consumer Protection Policy Center, or CPPC, at the University of San Diego School of Law. CPPC is a nonpartisan academic and advocacy center at USD School of Law. We have examined and critiqued California's regulatory agencies for over 40 years.

  • Rebecca Marcus

    Person

    Also speaking by proxy for Consumer Watchdog, who share our viewpoint. For the last several months, CPPC has conducted research into other states' programs and found no compelling evidence that a program would improve public safety from substance abusing doctors.

  • Rebecca Marcus

    Person

    In fact, recent California data shows very little disparity between states that have a best practices program and California's recent substance abuse discipline. CPPC believes this program is unnecessary and is inconsistent with public protection. We also raise antitrust concerns as the current structure of the program leaves the Board vulnerable to antitrust challenges.

  • Rebecca Marcus

    Person

    However, CPPC has proposed an alternative solution, outlined in your analysis, that would help shield the decisions made for rehabilitating physicians from antitrust arguments, specifically a reformed complaint process that leaves the decisions out of the Board's purview. This Bill repeats the mistakes of the past.

  • Rebecca Marcus

    Person

    When the previous diversion program was shut down, the Legislature put new laws in place to require standards for monitoring doctors and diversion and consequences for program violations. All health care boards must follow these rules. Under that law, if a doctor and diversion fails a drug test, the Board's enforcement staff is notified, and they must act.

  • Rebecca Marcus

    Person

    This Bill would eliminate the most basic patient safety protection. Instead, the Board's attention and resources should be better focused on improvements related to transparency, accountability, and timely enforcement, to ensure protection for meaningful protection for consumers. For these reasons, we ask for a "No" vote.

  • Ash Kalra

    Legislator

    Thank you.

  • Tara McLuskey

    Person

    Good morning. My name is Tara McLuskey. I am here on behalf of the Disability in Medicine Mutual Mentorship Program and our partnered faculty program, the Stanford Medicine Alliance for Disability, Inclusion, and Equity.

  • Tara McLuskey

    Person

    AB 408 explicitly authorizes the Medical Licensing Board to intervene in cases of substance use disorder and as well, "Potentially impairing mental health conditions, disruptive behavior, or physical illness." This has significant unintended consequences.

  • Tara McLuskey

    Person

    This will effectively codify systemic discrimination based on real or perceived disability, raising significant concerns, significant conflicts with established civil rights law and disability protections, establishing a dangerous precedent for disabled physicians and medical students within the State of California.

  • Tara McLuskey

    Person

    The diversion program would mandate intervention to physicians experiencing burnout, despite evidence that occupational syndromes, such as burnout, are rooted in systemic institutional failures, not individual pathology. Physicians and medical students with disability in historically—from historically—marginalized groups bear the highest burden of burnout, as extensively documented by empirical research.

  • Tara McLuskey

    Person

    Rather than supporting inclusion in our workforce, this is an exclusionary policy. This threatens the survival of our already strained health care workforce. AB 408 is not a wellness initiative.

  • Tara McLuskey

    Person

    It is a Trojan Horse for the regulatory capture that will disproportionately exclude disabled physicians and trainees from representation within the medical profession, threatening to worsen critical health care shortages and undermining public health access in medicine. This Committee is charged with upholding constitutional rights, not facilitating their erosion.

  • Tara McLuskey

    Person

    We respectfully demand that immediate opposition of AB 408, in its current form, and a trauma informed approach to physician wellness that respects evidence, civil rights, and lived experience. On behalf of the disability community, we ask that you do nothing with about us, without us. We respectfully ask for your "No" vote.

  • Ash Kalra

    Legislator

    Thank you.

  • Tara McLuskey

    Person

    Thank you.

  • Ash Kalra

    Legislator

    Is there anyone else here in opposition, AB 408?

  • Eric Harris

    Person

    Eric Harris, with Disability Rights California. Our concerns are aligned with the previous speaker.

  • Ash Kalra

    Legislator

    Thank you.

  • Kay Funk

    Person

    Kay Funk, retired physician living in San Mateo, in opposition.

  • Ash Kalra

    Legislator

    Thank you. We'll bring it back to Committee. Any questions, comments, or motions? Assembly Member Bryan.

  • Isaac Bryan

    Legislator

    Nothing about us without us is in my top five favorite sayings of all time. Is there a willingness from the author to continue to work with opposition from the disability community, from Consumer Watchdog, and others who have raised concerns to kind of iron this bill out through the process?

  • Marc Berman

    Legislator

    Absolutely.

  • Isaac Bryan

    Legislator

    I take the author at his word.

  • Ash Kalra

    Legislator

    Madam Vice Chair.

  • Diane Dixon

    Legislator

    Thank you for introducing this bill. Surprisingly, I've received a number of letters opposing this bill. I wasn't expecting that. And so maybe aligned with the Assembly Member Bryan is this I want to listen to the consumer groups who've had... The people I've heard from, apparently, I don't know them.

  • Diane Dixon

    Legislator

    They've just written to me to say that they've had a family member that was not treated correctly. The lack of funding the Medical Board has been a separate issue, has been without adequate funding for a number of years. Why is it now going to have the ability to fund a program like this?

  • Diane Dixon

    Legislator

    So I'm mindful of those who have some grievance against the Medical Board from prior adverse situation. Hoping, I guess, because the prior law enabled this, but nothing really ever happened, so there's some skepticism. So could you just give me assurance to these people who are following this very closely that we're trying to improve the system?

  • Marc Berman

    Legislator

    Yeah, absolutely. So a couple things that I was going to say for my close, but I'll say now. You know, to be very clear, nothing in this bill changes what's required when a doctor enters the program because they harmed a patient or committed malpractice. The confidentiality allowed for in this bill only applies to doctors who enter the program voluntarily, and that confidentiality is necessary to encourage them to seek help before their condition impacts their practice. To be more clear, before they harm a patient. So we want doctors to go into the program before they harm a patient.

  • Marc Berman

    Legislator

    I've had many conversations with the opposition. I will continue to have many conversations with the opposition, notwithstanding some of the nasty things they've been saying about me that I've found to be counterproductive. But I will but I will continue working with them to try to address the current concerns that they have in the bill.

  • Ash Kalra

    Legislator

    Thank you. Assembly Member Connolly.

  • Damon Connolly

    Legislator

    Yeah. Also appreciate that commitment. We're all hearing from the same folks. But to that point, very interested in kind of what did happen with the prior program and kind of what why are you now proposing kind of essentially the program again?

  • Marc Berman

    Legislator

    For sure. So I'll defer to my expert witnesses to talk about what happened with the prior program. I do want to, you know, make sure to note that this proposal includes many of the recommendations that were made during the audits of the prior program.

  • Marc Berman

    Legislator

    So we're trying to learn from the things that went wrong with the prior program and Institute those corrections into this program before it starts. And obviously the prior program stopped 18 years ago, so the board has very new leadership now that is committed to success. But I don't know if anybody, either of my expert witnesses, want to speak to what happened with the prior program.

  • Kerrie Webb

    Person

    Sure. Kerrie Webb, I'm Staff Counsel for the Medical Board, so I'm here to help with some technical questions. And so may I get clarification? Are you talking about the prior diversion program that was terminated or the existing law?

  • Damon Connolly

    Legislator

    It received a lot of criticism. It was adjudged, I think, to be a failure.

  • Kerrie Webb

    Person

    Absolutely.

  • Damon Connolly

    Legislator

    So what happened and why are you bringing forward this now?

  • Kerrie Webb

    Person

    Right. There were a number of problems with that prior program, which included such things as insufficient staffing, insufficient funding. The testing locations would change the testing dates to avoid testing on weekends, on holidays. It created a system where those referred to the diversion program could anticipate when they would be tested, which is a key flaw that would absolutely not happen today. A lot has been learned since 2008, when the program ended.

  • Kerrie Webb

    Person

    Almost all states, except for three, have physician health programs that are successful in monitoring and preventing harm to patients and supporting physicians staying in practice safely. And the existing law requiring that the uniform standards be applied, we're talking about people where the uniform standards already don't apply to them because we don't even know who they are.

  • Kerrie Webb

    Person

    They're currently in practice. They are not subject to the uniform standards. We want them to be in this program where there is a connection to the board where if they are terminated or withdraw from the program or commit a violation, they're reported to the board for consideration for enforcement action.

  • Damon Connolly

    Legislator

    Yeah. And to go to the author's point, I think so that was helpful background. Really what the new... There's still a need, it sounds like, for diversion. There was an audit. There were lessons learned. That having been said, there's ongoing discussions. But also, you were pretty clear that in terms of, like, causes of harm or malpractice, God forbid, there are still pathways there to address those issues.

  • Marc Berman

    Legislator

    Absolutely. This doesn't change the existing kind of processes for discipline and investigations if there's malpractice or if there's harm. So again, the whole purpose of the... And I think we're one of three states in the country that does not have this type of a program, so that's why we're bringing this back now.

  • Marc Berman

    Legislator

    But again, the goal is to get practitioners into the program before they commit harm. I think that's something that we should all kind of be able to agree on. And then if there are some details that need to be worked out about the definition of voluntary and other things, we'll keep having those conversations.

  • Ash Kalra

    Legislator

    Assembly Member Stefani.

  • Catherine Stefani

    Legislator

    Thank you, Chair. And I want to thank the author for tackling this. I think in any attempts to get people the help that they need before harm is caused is good. And you know, something that triggered me a little bit from one of the witnesses in opposition when you said substance abusing doctors, it just kind of plays into that stigma.

  • Catherine Stefani

    Legislator

    You know, substance abuse disorder is a disease, and we need to do everything we can to intervene when people have problems. It's not just a disease. It's a beast of a disease. And it's very difficult for people. And I'm lucky to be surrounded by many people in recovery in my life.

  • Catherine Stefani

    Legislator

    And anything we can do, first of all, to destigmatize this disease, it's not just, oh, I'm not going to go on. But I thank you for tackling this issue. And like I said, any early interventions to get doctors the help that they need so that they don't commit the harms that we have been hearing about, I think is something that we absolutely need to focus on. So thank you.

  • Marc Berman

    Legislator

    I'm going to reserve that as my close.

  • Ash Kalra

    Legislator

    All right. We have a motion. Motion? A motion and a second. Yeah. And just I think those comments are apt. We want to encourage folks to volunteer to go into treatment regardless of their station in our society, but especially our doctors, while at the same time not shielding bad actors or putting the public at risk. That's the needle to thread that I'm confident in our colleague can eventually get there while working, continuing to work with the opposition. Would you like to close?

  • Marc Berman

    Legislator

    I agree with all that. Respectfully ask for your aye vote. Thank you.

  • Committee Secretary

    Person

    Motion's do pass to Appropriations. [Roll Call]

  • Ash Kalra

    Legislator

    Right. We'll place that on call. Thank you. Assembly Member Hoover.

  • Josh Hoover

    Legislator

    973 is that what We're going to start with all right, thank you Mr. Chair and Members appreciate the opportunity to present AB973 to you today. 973 is a much needed update to existing law that streamlines many provisions to ensure it aligns with SB54.

  • Josh Hoover

    Legislator

    Specifically, it requires a wider range of plastic packaging and durable plastic goods to be recycled. This will help California reduce its reliance on new or virgin plastics while also having a positive impact on our environment.

  • Josh Hoover

    Legislator

    A 2024 University of California, Berkeley study found that the most impactful policy to reduce plastic pollution is to require the use of more recycled plastics to make new products.

  • Josh Hoover

    Legislator

    This Bill does just that, but takes a reasonable approach to reaching higher recycling targets that businesses will be able to comply with and even provides allowances in the event that sufficient recycled content is not available. Further, this legislation recognizes that some plastics are more difficult to recycle.

  • Josh Hoover

    Legislator

    By exempting plastics with food contamination, among others, this Bill will improve the economics of recycling and help ensure the viability and continued growth of in state plastics recycling while reducing plastic pollution and our reliance on fossil fuels. With that, I'd like to turn over to my witnesses.

  • Dylan L. Finley

    Person

    Thanks thank you, Chair Members of the Committee Dylan Finley on behalf of Houston Magnani and Associates representing the Association of Plastic Recyclers, also known as apr. APR is an international nonprofit and one of the only North American organizations exclusively focused on improving recycling for plastics in California.

  • Dylan L. Finley

    Person

    APR's membership includes seven plastic recyclers and dozens of businesses throughout the value chain of plastic recycling. APR is proud to sponsor AB973 and thanks the author for his leadership on this important policy.

  • Dylan L. Finley

    Person

    As the author mentioned in his introduction, AB973 is a modernization of existing law and will ensure the use of recycled plastic within the covered products in the Bill. Additionally, there are numerous safeguards for manufacturers within the enforcement provisions. And lastly, I would like to enforce that AB973 complements SB54 of 2022.

  • Dylan L. Finley

    Person

    SB54 establishes the collection of plastic for recycling. AB973 now gives markets for that plastic that's been collected to be used in new products. With that, I'd like to close and thank you and respectfully ask for your aye vote.

  • Mark Murray

    Person

    Thank you Mr. Chair Members Mark Murray with the environmental group Californians Against Waste to clarify that with the amendments that were taken, Assembly Natural Resources Committee were fully in support of this measure. I would note that we were the original sponsors back in 1993 of the RPPC law.

  • Mark Murray

    Person

    More importantly, the staff person to that RPPC law was Drew Liebert, the longtime consultant to this Committee. So to be clear, many manufacturers of plastics packaging have two laws that they have to comply with.

  • Mark Murray

    Person

    They have to comply with the existing RPPC law, which is a five part test to determine compliance, and they have to comply with SB 54. This measure is simplifying, is narrowing and simplifying the requirements of the RPPC law and focusing on minimum recycled content in this way.

  • Mark Murray

    Person

    We think it makes compliance and enforcement for these manufacturers easier rather than harder. And it's not really an option from our perspective to simply do away with the existing minimum recycled content requirement for RPPCs or for trash bags. We urge an aye vote.

  • Ash Kalra

    Legislator

    Thank you. Anyone else here in support of AB 1375?

  • Douglas Houston

    Person

    That works. Good afternoon Chair and Members. Doug Houston representing the Recycling Partnership and were in Support. Thank you.

  • Chris Zgraggen

    Person

    Chair Members Chris Zgraggen with Capital Advocacy on behalf of Republic Services and support.

  • Ash Kalra

    Legislator

    Thank you. Anyone here in opposition to AB 1375? Oh, am I saying the wrong one? 973. I'm sorry, that's the other one.

  • Annalee Akin

    Person

    Thank you Mr. Chair and Members. Annalee Augustine here on behalf of Consumer Brands Association. We have tremendous respect for the author and sponsors and really appreciate being able to work with them on shared goals of achieving California's recycling goals and a circular economy.

  • Annalee Akin

    Person

    However, we we must respectfully oppose this Bill at this time because it does impose difficult and costly burdens for producers who are currently navigating and already committed to compliance with SB54. SB54 is truly groundbreaking for packaging and recycling and will impact nearly every consumer product and package.

  • Annalee Akin

    Person

    And it does include significant requirements such as a 65% recycling rate, 25% source reduction and 100% recyclability and compostability for all single use plastic packaging. We really appreciate the intent here to work in tandem with SB54.

  • Annalee Akin

    Person

    However, there are difficulties that we flagged regarding compliance with both as AB973 does require the additional requirement mandating the post consumer recycled content amongst other costly requirements. We also want to recognize and flag that the demand for high quality post consumer recycled content has actually already outpaced the supply.

  • Annalee Akin

    Person

    So to provide the high quality supply needed for compliance with this Bill, many of these packages will also require advanced or molecular recycling technologies to be used. However, SB54 restricts the use of these technologies. Many agree that this is important technology.

  • Annalee Akin

    Person

    However, we just want to flag that this Bill encourage greater use of that while not while not actually improving access to it. So for these reasons at this time we are Respectfully opposed.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB973?

  • Noam Elroy

    Person

    Noam Elroy, on behalf of the California Compost Coalition. And we're sorry that our letter didn't get in until very recently, but we are in opposition unless amended. Thank you.

  • Molly Maula

    Person

    Thank you. Molly Maula with Edelstein Gilbert Robeson Smith, on behalf of behalf of the consumer. Sorry. Consumer Product Association. Opposing...

  • Ash Kalra

    Legislator

    Thank you. All right, bring it back to Committee. Any questions, comments, motions? We have a motion and a second. Thank you so much for bringing this forward. Like to close.

  • Josh Hoover

    Legislator

    Thank you. I'll just close briefly, kind of in response to some of the opposition concerns. First of all, committed to continuing to work on any potential amendments that can reduce their opposition. I will note in the Committee analysis, we talk about how. It talks about how these bills are complementary.

  • Josh Hoover

    Legislator

    SB54 dealing with the recycling of used plastics, while this legislation dealing with the production of new plastics. I think they're important and will work together well and would respectfully ask for an aye vote.

  • Committee Secretary

    Person

    [Roll Call]

  • Josh Hoover

    Legislator

    I will be super quick, very short.

  • Ash Kalra

    Legislator

    Let's finish this last Bill and then we've been instructed to shut it down.

  • Josh Hoover

    Legislator

    Okay, we'll shut it down. I will move quickly here. Thank you, Mr. Chair. Members presenting AB 1375 want to be mentioned that I will be accepting the Committee amendments to limit the provisions to matters where trafficking allegations have been made and required judicial counsel to provide training to judges.

  • Josh Hoover

    Legislator

    This Bill simply requires courts to provide necessary protections for child victims and consider human trafficking victim status or convictions in certain child custody disputes. And it also provides that granting custody to a known trafficker would be detrimental to the best interest of the child. With that, I'll turn it over to my witnesses. Sure.

  • Ash Kalra

    Legislator

    A motion. A second, please.

  • Unidentified Speaker

    Person

    Thank you. My name is Bella. I met my trafficker when I was 15. He was my 23 year old neighbor and was on house arrest for drug trafficking. He saw that I was vulnerable since my parents were going through a divorce and my mom wasn't present. He won me over with pizza and movies.

  • Unidentified Speaker

    Person

    He had two female roommates who made him seem safe. I started to feel loved and gave in. Shortly after that, the abuse and threats began. I was forced to work and turn over all my money to him. At age 19, I tried to escape. He got me back, and my punishment was so severe it broke me.

  • Unidentified Speaker

    Person

    He tortured me for months, beating me, suffocating me, shaving my head, burning me and branding me with his name. He had other adult women in the house who would watch me and report if I did anything wrong. I gave up and became a shell. Of who? A shell who only existed to serve him for 20 years.

  • Unidentified Speaker

    Person

    That was my life. The physical violence against me was bad, but the mental chains I was in were worse. My only light in the darkness was my son. He would take my son and give him to the other women as punishment if I didn't obey. There were surveillance cameras in the house watching me.

  • Unidentified Speaker

    Person

    I was an object to be used for his pleasure and to make him money. I didn't see a way out, and I was in despair.

  • Unidentified Speaker

    Person

    But when I became pregnant again, when my son was seven, he and he found out it was a girl, he tried to force me to abort her, saying that he would overdose me on heroin or do it himself. So I scheduled the abortion.

  • Unidentified Speaker

    Person

    But by the grace of God, I was able to escape with the help of hospital workers. We even later, City of Refuge took me in, and I discovered I had been a survivor of human trafficking. But I was still not free. As soon as I left, my trafficker filed for custody.

  • Unidentified Speaker

    Person

    My trafficker filed for custody of my son and unborn daughter. And for the last seven years, I have been forced to face my trafficker in court over and over again. He was put on supervised visits, but that didn't stop him. Him and his women file constant motions against me.

  • Unidentified Speaker

    Person

    He has never had a real job and lives from the women that he still traffic. So he always has money for lawyers. I have never gotten any child support. I went to school and got a degree. And I've worked very hard to support my children and try to heal.

  • Unidentified Speaker

    Person

    But approximately every six months, he will file another motion for unsupervised custody. Every email I see from his lawyer causes me to relive the trauma. And every time I have an upcoming hearing, I feel powerless to him again. The anxiety and nightmares are overwhelming.

  • Unidentified Speaker

    Person

    The fear that he will find me and harm me or somehow carry out his threats against my daughter is unrelenting.

  • Unidentified Speaker

    Person

    There have been many moments when I didn't think I was strong enough to endure. There are many nights I feel alone, crushed by the weight of the trauma that I'm not able to fully heal from while still having to fight to keep My children safe. His words always echo through my head.

  • Unidentified Speaker

    Person

    No one can help you against me. That is a fear that kept me trapped for 20 years and still keeps me trapped. I'm still not free. Through the California Family Court system, my trafficker still has control over me all these years later and there is nothing in the Family Code to stop him.

  • Unidentified Speaker

    Person

    Even though the court has determined that he is my trafficker, there are currently no laws in the Family Code that address trafficking. I have been told there is nothing to stop him from continuing to use the court system to control and drain me until my children are 18.

  • Unidentified Speaker

    Person

    I truly do not know how much of this I can endure. I have tried to relocate to get complete freedom, but he has dragged the process out for the past two years, costing me everything I have. I have gone into debt and had to cash out my small pension that I saved by working at my last job.

  • Unidentified Speaker

    Person

    And I don't even know if I will be able to afford the trial this August. But I'm told there's nothing I can do to stop him and even that won't guarantee that my children are safe. I was even forced to pay $1,000 of his attorney's fee since he has no documented income and I have a job.

  • Unidentified Speaker

    Person

    I am asking you to pass this Bill so there will be something, anything in the family court system that protects trafficking victims and their children. Right now we are completely alone, vulnerable and unheard. Please pass this Bill and please know that this is just the beginning. We need more protection. Judges need training.

  • Unidentified Speaker

    Person

    We need to be protected from having to pay the same people who exploited us for years. We need to be protected from having to face our traffickers in family Court where right now they can continue to exploit and drain the life out of us.

  • Unidentified Speaker

    Person

    Our children need to be protected from the same trauma that we have endured and from repeating the same cycles as a child. No one protected me and I'm asking you to give the Family Court the tools to protect survivors and their children.

  • Ash Kalra

    Legislator

    Thank you. Thank you for sharing and for your vulnerability.

  • Noel Seo

    Person

    Good afternoon Chair Kalra and Members of the Committee. My name is Noel Seo and I am a senior studying at Stanford University as well as the Policy Fellow at Three Strands Global Foundation, a California based nonprofit dedicated to ending human trafficking and supporting survivors through trauma, informed prevention, education and reintegration services.

  • Noel Seo

    Person

    Three Strands is proud to co sponsor Assemblymember Hoover's Bill AB 1375 which urges California's courts to consider whether a child or parent has been a victim of trafficking or whether a parent is a trafficker themselves when making child custody decisions.

  • Noel Seo

    Person

    As an organization working directly with trafficking survivors like Bella every day we've seen how many face devastating legal battles where traffickers, often the biological fathers, seek custody to maintain power and control over mothers. Traffickers may pursue custody themselves or accuse survivors of being unfit parents due to circumstances like substance abuse that they themselves caused.

  • Noel Seo

    Person

    AB 1375 directly addresses these dangers by requiring courts to independently determine if trafficking has occurred, recommending child protections and custody orders, and establishing a presumption that awarding custody to a trafficker is not in the child's best interest.

  • Noel Seo

    Person

    Critically, the Bill also requires that family and juvenile court judges receive annual research based training on trafficking and its impact on victims. Trafficking persists because it is $1.0 billion industry with low risk and little detection within the criminal justice system.

  • Noel Seo

    Person

    This Bill is not merely a procedural step, but it is a lifeline for survivors to receive the justice they deserve. Judges must be equipped to recognize their trauma, understand how coercion works and protect survivors with informed and compassionate decisions.

  • Noel Seo

    Person

    By passing AB 1375 today, you can ensure that our courts no longer serve traffickers, but stand firmly on the side of survivors and their children. I respectfully ask for your aye vote on this critical Bill. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1375?

  • Ashley Faison

    Person

    Ashley Faison. I am part of the Coalition of Survivors Against Trafficking with Senator Shannon Grove. I'm also the founder of Diamond Collective. In strong support. Thank you.

  • Marjorie Saylor

    Person

    Hi. Marjorie Saylor, survivor leader and advocate with Survivor Leader Network of San Diego. Also a Member of the Survivor Advisory Board with Three Strands Global. And also here standing in for another survivor from San Diego who can't be here today because the only child care she has is her trafficker.

  • Ash Kalra

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    Karisa Phelps, survivor leader and attorney and in strong support of this Bill.

  • Unidentified Speaker

    Person

    Founder and Executive Director of Love Never Fails and strong support.

  • Ash Kalra

    Legislator

    Thank you.

  • Emerald Rubio

    Person

    Emerald May Rubio, part of the Love Never Fails Sex Trafficking panel and also survivor and strong support.

  • Ash Kalra

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    My name is Heidi Gerg. I'm also in strong support of this Bill. I belong to Love Never Fails Survival Panel.

  • Ash Kalra

    Legislator

    Thank you.

  • Sophia Lori

    Person

    Hi. Sophia Lori with California Family Council and strong support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1375?

  • Tracy Kenny

    Person

    Good afternoon. Tracy Kenney, on behalf of the Judicial Council. I'll be brief. We were in opposition to the Bill as introduced. We appreciate the recent amendments and need to review them. We would just highlight that judicial training mandates are something that we have consistently opposed in the past.

  • Tracy Kenny

    Person

    We absolutely think that training on human trafficking is vital, and we are currently providing it. But a legislative statutory mandate that ties our hands and puts specific timelines on things interferes with Independence of the Branch. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Any. Anyone else here in opposition? Right. Bring it back to Committee. We do have a motion on the table. Thank you for bringing forth. Thank you for accepting the Committee amendments on this to allow for a little bit more discretion.

  • Ash Kalra

    Legislator

    But I definitely want to thank the witness and all the survivors that are here in your advocacy and thank the Assembly Member for his advocacy as well. Would you like to close?

  • Josh Hoover

    Legislator

    Thank you. I just want to thank Bella for bravely sharing her story here today and respectfully ask for an aye vote. Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    All right, we'll place that Bill on call. Thank you. So we're going to take a recess. We're returning to room 447 at 1:30pm so take your belongings and the first two Items will be AB 56, Bauer Kahan and AB 1064, Bauer Kahan. Special order of business at 1:30pm in room 447.

  • Rebecca Bauer-Kahan

    Legislator

    I know it's all right. Crazy out there today.

  • Ash Kalra

    Legislator

    So we shall special order of business here at 1:30pm now in our new room 447. I like this natural light is nice. .

  • Rebecca Bauer-Kahan

    Legislator

    Yes, I think we got a little upgrade.

  • Ash Kalra

    Legislator

    And so we have first off, AB 56. Assembly Member Bauer Kahan.

  • Rebecca Bauer-Kahan

    Legislator

    Mr. Chair, if you don't mind, we have two on special order. Can we do AB 1064 first? Thank you. Appreciate that.

  • Ash Kalra

    Legislator

    AB 1064.

  • Rebecca Bauer-Kahan

    Legislator

    They're both on the special order. I'm just doing them backwards. Thank you. Is it okay? Thank you, Mr. Chair and Members. I'm going to present AB 1064, the LEAD for Kids Act. AI is becoming increasingly integrated into children's lives without sufficient information about how it affects our children. The message of this bill is simple.

  • Rebecca Bauer-Kahan

    Legislator

    California should continue to innovate, but let's ensure that, for risky tools, our kids are safe. It's a pretty simple proposition and one that I think the state should always be leading with, protecting our children. One of the newest and most potentially harmful uses of AI is companion AI. These anthropomorphic chatbots are designed to simulate human personalities.

  • Rebecca Bauer-Kahan

    Legislator

    This form of AI can present as a trusted friend or even a mental health therapist. It can analyze emotions and the behavior of children and keep them engaged in conversation that can seem real and organic to an innocent child. You may have read yesterday in the Wall Street Journal a study conducted along months long study over several platforms that found that digital companions were easily persuaded to engage in sexually explicit discussions even when users identified themselves as children.

  • Rebecca Bauer-Kahan

    Legislator

    Companion chat bots have been documented engaging in inappropriate and sexual conversations, encouraging children to engage in harmful behavior such as disordered eating or even suicidality. As we allow AI to become more and more prevalent in our lives, the question that we should be asking ourselves as a state is what are the biggest risks and how do we prevent them? And this bill is simple. It starts to set up a model by which the state would do just that.

  • Rebecca Bauer-Kahan

    Legislator

    It would look at the riskiest tools, like I just described, the companion chatbots, and say that those tools, well, they may not be appropriate for children. Those we're not going to allow to be marketed or used by children. It'll look at the lowest risk tools and it'll say that a Netflix recommendation engine, well, if you get a bad movie, maybe we're okay with that. Innovate away. But then there's tools in the middle, tools in our classroom that do incredibly beneficial things but could harm our children by taking their biometric information or other private information.

  • Rebecca Bauer-Kahan

    Legislator

    And for those, it would set up a model to say, let's put regulations around those. It doesn't in the bill yet do much except ban these companion chatbots and therapists that we know are harmful to children. But it just sets up a way to think about and make sure our kids are being exposed to safe AI. We are on the special order business because we are blessed to have two parents with us today, the first of which is Megan Garcia, who is the mother of a beautiful son that she lost by suicide.

  • Rebecca Bauer-Kahan

    Legislator

    And when we had this hearing last week in Privacy where we discussed a lot of these bills to protect children, by the end of the hearing, I was just in awe of this parade of, to be frank, mothers that had come before us to share their stories of how these technology tools had harmed their children.

  • Rebecca Bauer-Kahan

    Legislator

    And what it tells me is that we, as government, as the people charged with protecting our communities, are not doing enough because our kids deserve safe communities, safe households, safe tools, and we have to figure out a path forward to do just that. And that is what this bill does. So I want to turn it over to Megan to tell her story.

  • Megan Garcia

    Person

    Good afternoon, Chair Kalra and Members of the Committee. My name is Megan Garcia. Last year, my 14 year old son, Sewell Setzer III, took his own life after an extended period of engagement with an AI generated companion chatbot on a platform called Character.AI.

  • Megan Garcia

    Person

    As a mother, wife, lawyer, turned advocate, I am here today as a witness to the devastating consequences of unregulated AI technology. I am grateful for the opportunity to address this Assembly today. 16 years ago, I held Sewell in my arms for the first time.

  • Megan Garcia

    Person

    And my first words to him as a first time mother, holding him for the first time was hi my love. Hi my love bug. Last year, just before he turned 15, on the last day of his life, in his last moments of his life, I held him. And my last words for him was our Lord's Prayer.

  • Megan Garcia

    Person

    What happened to Sewell was an absolute travesty, one that I may never be able to recover from. But it was avoidable. It was absolutely avoidable. There shouldn't be a place where a child can express suicidal ideations and not get help when expressing those thoughts. And there should not be a place where our children can be sexually exploited and have sexual roleplay conversations with chatbots, oftentimes prompted by these very bots.

  • Megan Garcia

    Person

    There should not be a place where our children share their deepest thoughts, secrets, and pour their hearts out for a company to further train AI chatbot models and leverage and harvest data for financial gain. But I'm here to tell you that there are several places like this, there are several platforms like these, and many companion bots that are dangerous for children. Right now, today they're.... Sorry.

  • Rebecca Bauer-Kahan

    Legislator

    Go ahead, you're fine.

  • Megan Garcia

    Person

    Sorry. Right now, today there are chat bots engaging vulnerable users in inappropriate romantic and sexual conversations to encourage self harm without alerting parents or authorities. Right now, today, that's happening. And what I'm asking you today to consider is to consider this bill, the LEAD Kids AI Act, because it would put proper safeguards in place that would protect young users from this type of harm.

  • Megan Garcia

    Person

    This bill would prohibit harmful AI applications for children that are emotionally manipulative, such as AI chatbots requiring, and it would require parental consent before children's personal information can be used to train AI models. It would also require risk level assessment and reporting by developers.

  • Megan Garcia

    Person

    By passing this bill, this important legislation, children under the age of 16 in this state would be protected, and children over the age of 16 would be protected as well. The type of harm my son experienced was avoidable, and I am asking you to support this bill today to avoid this type of harm in the future in your own state. And I appreciate your commitment to meaningful legislation and meaningful solution for children's harms online. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Thank you for sharing.

  • Tracy Frey

    Person

    Hello. My name is Tracy Pizzo Frey, and I strongly support AB 1064. I'm a Senior Advisor on AI to Common Sense Media, where I lead our AI risk assessments. Previously, I spent 11 years at Google where I founded and ran Google Cloud's responsible AI work and contributed to policies like the EU AI Act and NIST AI Risk Management Framework. Through this work, I bring a uniquely informed perspective on the importance of building ethical AI for kids.

  • Tracy Frey

    Person

    I've conducted over 500 reviews of AI tools and worked directly with the innovators behind the technologies we now rely on. I know from experience that AI is a team sport. It works best when technologists collaborate with experts in ethics, social science, and human rights. It is inefficient and less innovative without this.

  • Tracy Frey

    Person

    This is why AB 1064 creates the LEAD for Kids Standards Board to ensure diverse, informed voices shape policy through transparent and thoughtful decision making. We need this urgently because AI harms to our children are real. AI companion chatbots pose a threat to various brain processes that are central to a child's long term development and growth.

  • Tracy Frey

    Person

    From our own testing, they've encouraged teens to drop out of school, run away from home, harm their parents and others, obtain drugs, alcohol, and weapons, and pursue a sexual relationship with adults. They've also reinforced delusions, dangerous impulses, and conspiracy theories.

  • Tracy Frey

    Person

    AI systems that collect and process children's biometric data, including facial recognition data, voice prints, and emotion detection, which itself lacks scientific evidence, pose serious privacy risks and repeatedly demonstrate unfair bias and have already triggered litigation.

  • Tracy Frey

    Person

    AI used in pupil assessment, discipline, and student surveillance have been likened to educational redlining, exacerbating student disparities in education by wrongly punishing kids, outing LGBTQ students without consent, triggering law enforcement involvement, and disproportionately impacting kids with disabilities through monitoring on children's personal devices.

  • Tracy Frey

    Person

    We do not currently have a tech environment that is as healthy and supportive to our children as it should be. These companies can and we want them to be successful. They can and we need them to protect kids. These are not mutually exclusive. I'm a mom of two teenagers. I don't get to take days off from these risks, and our laws shouldn't either. Thank you very much.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1064?

  • Crystal Strait

    Person

    Good afternoon. Crystal Strait...

  • Rebecca Bauer-Kahan

    Legislator

    Oh, wait, you're not on. Hold on.

  • Crystal Strait

    Person

    Good afternoon. Crystal Strait with Common Sense Media, proud to sponsor this bill.

  • Ash Kalra

    Legislator

    Thank you. Anyone else here in support of AB 1064? Anyone here in opposition to AB 1064?

  • Aiden Downey

    Person

    Thank you for the opportunity to speak today. I'm Aiden Downey, State Policy Manager for the Computer and Communications Industry Association and International For Profit Tech Trade Association. While CCIA agrees that protecting children from potential harm is critical goal, we have significant concerns regarding the bill's enforcement provisions and the overall mechanics of the legislation.

  • Aiden Downey

    Person

    First, the Bill lacks the definition definitional clarity necessary for businesses to achieve compliance. Terms like ongoing emotional attachment, harmful and harmful ways are left undefined. Without clear definitions, businesses cannot meaningfully understand their obligations or adapt their products. Accordingly.

  • Aiden Downey

    Person

    The subjectivity of harmful, which can vary widely based on personal beliefs, political views or other factors outside a developer's control, only magnifies this uncertainty. When coupled with the bill's creation of a private right of action, this vagueness invites a flood of lawsuits.

  • Aiden Downey

    Person

    This would not only burden the judicial system, but also chill innovation, particularly for small and emerging companies that cannot absorb the cost of constant legal defense. Moreover, the enforcement structure which grants the Board authority continually expand the scope of prohibited risks without tight statutory limits exasperates this uncertainty.

  • Aiden Downey

    Person

    Businesses would be forced to operate under the persistent threat of unpredictable rule changes and future liability exposure. The rational response for many providers would be to bar miners from AI services entirely, rather than risk penalties undermining the Bill stated goal of fostering safer technology for young users.

  • Aiden Downey

    Person

    Additionally, Section 22c9 authorizes the board to compel AI developers to disclose any additional information to a public registry. Without adequate limitation, this broad unchecked authority could force disclosures of confidential business information, intellectual property or other sensitive data, compromising both competitiveness and privacy.

  • Aiden Downey

    Person

    The public nature of the registry also raises a risk of misuse and exploitation of disclosed information, further disincentivizing companies from offering services in California at all. CCIA believes this regulatory authority is best placed at the legislative level, not with an untethered board with overly broad jurisdiction.

  • Aiden Downey

    Person

    We appreciate the sponsors willingness to engage with stakeholders and the Committee's thoughtful consideration of these comments. However, in light of these serious enforcement flaws, we respectfully request a no vote on this Bill. Thank you.

  • Chris Micheli

    Person

    Good afternoon, Mr. Chair Chris Micheli. On behalf of the Civil Justice Association of California, I wanted to raise two issues with you.

  • Chris Micheli

    Person

    But first I want to acknowledge the several conversations that CJAC has had with the author directly about some of our concerns and appreciate that in the analysis there is an effort at narrowing the PRA. Nonetheless, two issues.

  • Chris Micheli

    Person

    The first is the broad language in the ag enforcement in proposed 22757.0 there is a 30 day, I guess essentially right to cure if it's not unreasonable or in bad faith. But that 30 day, we would like to see some additional discretion because otherwise the AG could do a minimum $25,000 civil penalty.

  • Chris Micheli

    Person

    We've talked to this Committee in the past about statutory penalties, that there's no discerning between a good actor and a bad actor. Like the California Supreme Court decision in Naranjo last year. The second is on the PRA.

  • Chris Micheli

    Person

    I do note that it was being limited to two items, the high risk or the prohibited risk in the language. But nonetheless, we think that is a very significant PRA and is unnecessary in light of the AG's enforcement power because this one would even allow punitive damages, etc.

  • Chris Micheli

    Person

    The other concern we have is with the definition in the first proposed section. The definition of covered product uses the term that is intended to or highly likely to, and that is very subjective. Again, despite using the high risk or prohibited risk in the pra. Look at how broad the language is in covered product.

  • Chris Micheli

    Person

    The second and final point is the broad discretion that you're granting in this Bill to the Board, we think is an excessive delegation of legislative authority and that much more should be put forth in statute rather than being granted to the regulatory body. Thank you, Mr. Chairman.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB 1064?

  • Dylan Hoffman

    Person

    Good afternoon, Mr. Chair. Members Dylan Hoffman, on behalf of TechNet, respectfully opposed, align Our comments with CCIA and CJACK. Thank you.

  • Ash Kalra

    Legislator

    Thank you. One second. Let me just see if there's. They're checking outside. Okay. And this is. This is opposition to AB 1064. But you can also express support if you'd like. But whatever position you want, just tell us what it is.

  • Ken Wang

    Person

    Apologize. It's a little chaotic out there. Ken Wang, on behalf of the California Initiative for Technology Democracy and support. Thank you.

  • Juanita Martinez

    Person

    Juanita Martinez, on behalf of Cal Broadband in opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Shira Spector

    Person

    Shira Spector for Stone Advocacy, on behalf of the Children's Advocacy Institute in support.

  • Ash Kalra

    Legislator

    Thank you.

  • Yadi Yance

    Person

    Yadi Yance with Oakland Privacy and opposed Unless amended respectfully, thank you.

  • Ash Kalra

    Legislator

    All right, any other comments out there for anyone? Okay, we'll bring it back to community. I just want to clarify. You are accepting community amendments. Thank you. Thank you so much. Assembly Member, any questions or comments? Assembly Member Harabedian.

  • John Harabedian

    Legislator

    Thank you, Mr. Chair. Thank you to the author and for bringing this, for continuing to fight for this issue for years and for how personal it clearly is to you and to many of us and to the witnesses, especially you, ma'am. So I can't express how devastated I am for you.

  • John Harabedian

    Legislator

    I appreciate you being here and how strong and resilient you are. And testimony like yours really does make a difference. So you being here is so meaningful to hear and, you know, respectfully to the opposition. And I understand that, you know, you guys don't believe this is perfect, and I understand that. And I heard the arguments.

  • John Harabedian

    Legislator

    You know, I don't hear, though, any solutions in place of this that really protect kids. I mean, I heard a lot of arguments and extrapolations as to why this isn't perfect, but nothing's perfect.

  • John Harabedian

    Legislator

    And I do think this is modeled off of a very good set of rules that are being implemented in another country or set of countries. And I think it is a really good step forward. And in place of it, I think we're all ears. I think everyone is all ears about solutions that can truly protect our kids.

  • John Harabedian

    Legislator

    And everyone knows here now by now, you know, I have three kids under the age of 10. This is a growing concern for me personally and anyone in my shoes. We are so scared about what could happen in the next year, two years, five years. So we need more from you guys.

  • John Harabedian

    Legislator

    We need more, not just opposition, but solutions. So proud to support this today. So thank you.

  • Ash Kalra

    Legislator

    Thank you. Is that a motion? It is a motion. Is there a second? Okay, we have a second. Any other further. Any further comment? I also want to thank the author for her relentless work in this way. This is hard.

  • Ash Kalra

    Legislator

    This is difficult to figure out how to do this in a way that, you know, kind of walks that line. There's obviously a lot of different legal issues here. And definitions. We spend a lot of our time on definitions in this building.

  • Ash Kalra

    Legislator

    We try to get them right the best we can, and then the courts do their best to further interpret them and give form to them. And if we think the courts are off and we come back and further define them, that's a lot of the work that we do.

  • Ash Kalra

    Legislator

    But ultimately, in this, when it comes to this Bill, it's about protecting our children. As we heard from our colleague, as we heard from the author, and as we heard from this witness who is a loving mother and a lawyer and yet is coming to us telling us we need to do more.

  • Ash Kalra

    Legislator

    Every parent, every child is at risk, and every parent is worried for good reason. And so for those reasons, this is do pass, as amended to approach recommendation. Would you like to close?

  • Rebecca Bauer-Kahan

    Legislator

    Yes. Thank you, Mr. Chair. You know, I just want to reiterate my willingness to always look at recommendations and definitions. I'm the first to say my bills are not perfect. And as you know, red lines are always welcome.

  • Rebecca Bauer-Kahan

    Legislator

    So let's not just write opposition letters, but, you know, and we would like to continue to refine this and make sure it's workable, because if it's not, then my Bill will fail, and that's the last thing I want. And so please continue to provide feedback. I welcome that always.

  • Rebecca Bauer-Kahan

    Legislator

    But I really want to close by thanking Megan for joining us. I think, you know, so many of us in this room are parents and are living this reality of raising children in a new digital age, and we don't know how to do it. And we're doing our best every single day.

  • Rebecca Bauer-Kahan

    Legislator

    And when I went out and I bought a crib for my baby, I knew that the government had made sure that it didn't have a drop side, because if it had a drop side, those had been recalled and were no longer allowed to be selled because they would strangle the baby. And so I was safe.

  • Rebecca Bauer-Kahan

    Legislator

    I could buy a crib. I could know. I walk in a store and the crib I bought was going to be safe. And yet we put our kids online with digital tools that we know aren't safe. And to date, we're not able to or willing to do much about it.

  • Rebecca Bauer-Kahan

    Legislator

    And I think this is a great first step, but it is only through the power of these amazing parents who I know you'd like to be anywhere but here. But I want to thank you because as a mother, I couldn't be more grateful that you are advocating for all of our children.

  • Rebecca Bauer-Kahan

    Legislator

    And I say this every time I have the privilege of working with a parent who's lost a child. But in Judaism, we say, may their memory both be a blessing, and you are making your son's memory a blessing through this work. So thank you. With that, I'll respectfully ask for an aye vote. Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    All right, we will place that Bill on call. Close it out. Just a second. Oh, yeah, that Bill is out. .

  • Rebecca Bauer-Kahan

    Legislator

    I get to row two. Okay, Mr. Chair, when you're ready, we can take up AB 56.

  • Ash Kalra

    Legislator

    Item 30, AB 56.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, Mr. Chair and Members. Again, you know, I don't. I think the point was so beautifully made by Miss Garcia in the last hearing, and you're Gonna hear from Victoria Hinks, another mother who is here to really ensure that we understand what these tools are doing to our children.

  • Rebecca Bauer-Kahan

    Legislator

    We have in this body, we've tried to do so much to protect our kids from the social media harms and we are stymied by courts that are taking more and more conservative positions.

  • Rebecca Bauer-Kahan

    Legislator

    And Section 230, to be Frank, the Federal Government, which has decided that there should be no liability for any of the harms caused by these social media tools. And so you, you know, I have been proud to vote for many of those bills.

  • Rebecca Bauer-Kahan

    Legislator

    I think the age appropriate design Bill that our colleague Assemblymember Wicks did was one of the best. The tech company sued. It is now not enforceable because of court decisions and we are stuck back where we started.

  • Rebecca Bauer-Kahan

    Legislator

    And so I'm the first to say that warning labels are not the end all be all that there are so many more things we should and can be doing. But there is no question that we know. And the data is now proving that excessive use of social media harm is causing mental health damage to our youngest Californians.

  • Rebecca Bauer-Kahan

    Legislator

    And so it is incumbent upon us as a Legislature, as I said before, and I'll say again, to do everything in our power. And this Bill is simple. It educates, it educates our kids, their parents, their loved ones, whoever's on social media about those harms.

  • Rebecca Bauer-Kahan

    Legislator

    And it makes sure that we are checking in, educating folks to remind them and educate them that these are harmful products. We've done it with cigarettes because that was causing cancer and we need to be doing it with social media.

  • Rebecca Bauer-Kahan

    Legislator

    And so the Bill is, you know, I think should be something that the social media companies are signing up to do themselves. You'll hear that's not the case, but with that I will turn it over to Victoria Hinks who will share about her beautiful daughter and her story. Thank you.

  • Victoria Hinks

    Person

    Good afternoon, I'm Victoria Hinks. I'm here to share my daughter Alexandra's story because she no longer can. Alexandra, lovingly known as Al by her friends and family, died by suicide eight months ago. She was only 16 years old. She was a kind, beautiful soul, full of life. She loved animals, especially our dog, Elsa.

  • Victoria Hinks

    Person

    She loved cross country, she loved skiing. She loved her friends and she loved Hamilton. She loved anything pink. And she was a sweet girl. But social media pulled her into a dark spiral. She was sort of content about self harm, like eating disorders, suicide. She was convinced she wasn't pretty enough and needed beauty filters.

  • Victoria Hinks

    Person

    She became hooked, doomscrolling for hours. And she became more and more isolated. And we as parents were left with impossible choices. Do we not let her be on social media, leaving her feeling like an outsider and disconnected from from friends and no friends? Or do we let her be on and feel connected with her peers?

  • Victoria Hinks

    Person

    So we tried everything to help, and nothing worked. Even therapy didn't help. The parental controls were useless. She bypassed all of them. My husband's a software engineer, very tech savvy. All the limits he set up, she bypassed. And what worked for her at 13 did not work for her at 16. She became someone we didn't recognize.

  • Victoria Hinks

    Person

    Taking social media away from her was like taking a drug away from an addiction. And finally, she used social media to find out the best way to kill herself. A question which was answered in great detail and with encouragement. There's not a bone in my body that doubts social media played a part in her death.

  • Victoria Hinks

    Person

    These social media companies are knowingly and intentionally preying on the fragile psyche of teenage girls for profit. So instead of preparing for Al's junior prom, I'm here today fighting for change, fighting our kids for California's kids. This could be your children. This could be your grandchildren. This could be your niece or nephew. Social media does not discriminate.

  • Victoria Hinks

    Person

    We are raising kids in this unregulated social experiment that we've got going on here. And we are the first generation of these guinea pigs. But we don't have to keep being the guinea pigs anymore. We can demand better, like AB56. And these social media companies have expansive resources and a huge amount of intellectual horsepower at their disposal.

  • Victoria Hinks

    Person

    They could help save our kids if they wanted to. They know the algorithms. I can't bring back my sweet owl baby, but I won't let her short life be in vain. Maybe her story can save someone else's child. I'm here as a mom, appealing to other moms and dads. Please vote like a mom. Please support AB56.

  • Victoria Hinks

    Person

    You have the power to end this social experiment, and you have the power to be on the right side of history. Thank you very much.

  • Ash Kalra

    Legislator

    You have a motion? A second. Thank you so much for sharing.

  • Anthony Liu

    Person

    Good afternoon, Committee Members. My name is Anthony Liu. I'm a Deputy AG in the Office of Leg Affairs for Attorney General Rob Bonta. The AG is sponsoring AB56 to ensure that parents, adolescents, and the public are armed with clear information about the risks of social media for kids and teens.

  • Anthony Liu

    Person

    We thank Assembly Mayor Bauer Kahan for authoring the Bill and Common Sense Media for co sponsoring this legislation with us to protect children and especially to Victoria for sharing her daughter's story today.

  • Anthony Liu

    Person

    In May 2023, US Surgeon General Vivek Murthy issued an advisory warning supported by recent evidence identifying reasons for concern about social media use by by children and adolescents.

  • Anthony Liu

    Person

    This evidence included a study concluding that the risk of poor mental health outcomes doubles for children and adolescents who use social media for at least three hours a day, and research finding that social media use is linked to a variety of negative health outcomes, including low self esteem and disordered eating for adolescent girls.

  • Anthony Liu

    Person

    In September of 2024, AG Bonta joined a bipartisan coalition of 42 attorney generals in sending a letter to Congress supporting the Surgeon General's advocacy for warning labels. The Attorney General has argued that by mandating a Surgeon General's warning on social media platforms, Congress can address the growing crisis and protect future generations of Americans.

  • Anthony Liu

    Person

    Social media companies have demonstrated an unwillingness to tackle the mental health crisis and it is our responsibility to make sure consumers have access to information that may affect their health so they can make the best choices for themselves and their families. Social media warning labels are an equitable, effective and transparent way to deliver public health information.

  • Anthony Liu

    Person

    By requiring warning labels on social media, AB56 provides families, children and others information about the risk of social media use.

  • Anthony Liu

    Person

    Just as smoking rates were reduced in part through the global adoption of health warning labels that built awareness on the negative effect of smoking, this requirement can help raise public awareness and turn the tide in a growing public health crisis. I ask for your vote on AB56.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else ?

  • Anthony Liu

    Person

    With me I have Nick Akers, who's Senior Assistant Attorney General at DOJ, to answer technical questions from the Committee. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Thank you for being here. Anyone else here in support of AB56?

  • Krystal Straight

    Person

    Krystal Straight with Common Sense Media proud to sponsor this Bill. Thank you.

  • Ken Wang

    Person

    Good afternoon. Chairmembers. Ken Wang, on behalf of the California Initiative for Technology and Democracy and support. Thank you.

  • Shira Spector

    Person

    Shira Spector for Stone Advocacy on behalf of the Children's Advocacy Institute. Thank you.

  • Malik Bynum

    Person

    Good afternoon. Mr. Chair Malik Bynum with the County Behavioral Health Directors Association in support. Thank you.

  • Yadi Yance

    Person

    Yadi Yance with Oakland Privacy dropping our opposition. Thank you.

  • Unidentified Speaker

    Person

    Hi, I'm Zack Norris and I'm a father and I support this Bill.

  • Ash Kalra

    Legislator

    Thank you. Is anyone here in opposition to AB56?

  • Colton J. Stadtmiller

    Person

    Colton Stadtmiller on behalf of Chamber of Progress in opposition. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Dylan Hoffman

    Person

    Good afternoon. Thank you. Mr. Chair and Members. Dylan Hoffman on behalf of TechNet, in respectful opposition to AB56. First, I want to say very clearly that Our Member companies don't dispute that there is a serious youth mental health crisis that warrants very serious discussion and solutions.

  • Dylan Hoffman

    Person

    Our companies recognize that we need to be a part of that conversation and have been for decades. And we've been at the forefront for both designing our platforms, features and policies to provide as safe and enjoyable an experience as possible.

  • Dylan Hoffman

    Person

    Online and Technap, for our part, have provided substantial red lines to previous bills that have passed through this Committee in prior years and are doing the same when it comes to bills this year. What we question is whether a Bill like AB56 is an effective solution to this problem.

  • Dylan Hoffman

    Person

    And while the recent amendments move in a better direction, 10 seconds is a long time on the Internet. Even for a skippable warning, 90 is an eternity. And consider that 40% of users navigate away from a loading screen after just three seconds.

  • Dylan Hoffman

    Person

    This incredible nuisance and burdening of access to speech for all users won't meaningfully address youth mental health. The warning as proposed flattens an incredibly complex, nuanced and evolving issue to the point of overgeneralization.

  • Dylan Hoffman

    Person

    The warning is inapplicable to adults, but it also tells minors nothing about what kinds of content, online behaviors or features could be risky, how they impact their mental health, or steps they can take to protect themselves. At best, these labels will be ignored.

  • Dylan Hoffman

    Person

    At worst, they'll create an annoyance and burden to users of all ages trying to access lawful speech. Which leads me to some of the constitutional issues with this Bill. We believe this Bill is highly likely to be challenged in court and likely to be found unconstitutional.

  • Dylan Hoffman

    Person

    And while the analysis does a great job of outlining the standards for a First Amendment analysis of commercial speech, it's not clear that this warning would be considered commercial speech. The Ninth Circuit recently held that another state law requiring social media disclosures was compelled non commercial speech and therefore subject to strict scrutiny.

  • Dylan Hoffman

    Person

    Even if the Bill was subject to the lower review under Zotterer, there's still a significant chance the Bill wouldn't meet that standard. With all that in mind, we're willing to work on this Bill to avoid constitutional challenge and also ensures it provides useful, pertinent information to users who need it most.

  • Dylan Hoffman

    Person

    We're working on providing red lines to the author and to her staff, and appreciate the conversations we've already had with her staff, but for those reasons, we must respectfully oppose the Bill before us today. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Aiden Downey

    Person

    My name is Aiden Downey. I serve as a State Policy Manager for CCIA International not for Profit Tech Trade Association. CCIA is committed to promoting safety for children online. However, AB56 would not advance that goal and would instead undermine fundamental constitutional protections while misdirecting attention away from proven solutions like parental education and digital literacy initiatives.

  • Aiden Downey

    Person

    The Bill proposes sweeping one size fits all warning labels that fail to distinguish between beneficial and harmful uses of social media. In doing so, it unnecessarily targets a wide range of users unaffected by the issues the legislation seeks to address. Moreover, the mandated warning labels and delay mechanisms in AB 56 raised profound First Amendment concerns.

  • Aiden Downey

    Person

    In that choice be bought to 2024, the Ninth Circuit reaffirmed that California cannot compel private businesses to moderate speech, express specific opinions, or act as government proxies in deciding what content is harmful.

  • Aiden Downey

    Person

    The court held that regulations requiring companies to alter, block, or delay the dissemination of lawful online content constitute compelled speech and failed strict scrutiny under the First Amendment. Similarly, AB56 is required time delay, even at 10 seconds would impose a substantial state enforced barrier to information access. Additionally, the Bill creates significant operational burdens.

  • Aiden Downey

    Person

    AB56 would impose costly time tracking technical changes and redesign mandates on a broad swath of digital services which disproportionately harm small and medium sized businesses while favoring large incumbents with greater compliance resources. This burden mirrors concerns raised over NetChoice, where the court recognized that vague and sweeping mandates on covered businesses chill innovation and distort competition.

  • Aiden Downey

    Person

    Rather than imposing legally vulnerable mandates, CCIA encourages policymakers to collaborate with businesses on voluntary tools as well as having conversations with stakeholders during the process, which we are more than happy to engage in. Parental controls and safer browsing experiences. Solutions that respect both the autonomy of families and the constitutional rights of Californians. We respectfully urge the Committee to vote no on AB56.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB56?

  • Becca Cramer Mowder

    Person

    Becca Kramer, Mater with Kaiser Advocacy on behalf of Electronic Frontier Foundation and respectful opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Ronak Daylami

    Person

    Good afternoon. Ronak Daylami with Cal Chamber. Respectfully align our comments with those of our colleagues and apologies we weren't able to get in the room earlier. We are also respectfully opposed to the prior Bill. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Juanita Martinez

    Person

    Juanita Martinez on behalf of Cal Broadband in opposition.

  • Ash Kalra

    Legislator

    Thank you. Bring it back to Committee Assembly Member Papan.

  • Diane Papan

    Legislator

    I got to switch chairs here. Hang on a second. Well, first of all, thank you to the author.

  • Diane Papan

    Legislator

    This is something we've talked about before and we're both very passionate about being parents and having had to My child's a little older than your child, but having had to white knuckle where we've been and it's been a bit of the Wild west certainly. And so first of all, I want to acknowledge your witness.

  • Diane Papan

    Legislator

    You were a gladiator in your daughter's life and in her death. And I am so impressed by you. So thank you for your heroism to be. It is important to keep speaking about this. No question about it. So I want to say this. I think we need to stop getting mired down in the details.

  • Diane Papan

    Legislator

    I think this is a pretty reasonable approach. So if you, the opposition wants to keep talking, that's good. But ultimately I want to see it get done. These companies have made a tremendous amount of money along the way.

  • Diane Papan

    Legislator

    And as you know, I carried a Bill because I would like to see some of that money go towards mental health and go towards the mental health of our children. You want to voluntarily do that? Come to my office. We can talk about it all you'd like.

  • Diane Papan

    Legislator

    Because I really do feel that you're not going to hurt by this Bill. You're not going to hurt financially. So let's get at the table and let's get it done. I really don't have a question. I apologize Chair, but I kind of had to get on my high horse here and I appreciate the opportunity to speak.

  • Diane Papan

    Legislator

    I'm happy to move support the Bill, be a co author and I wish you Godspeed.

  • Ash Kalra

    Legislator

    Thank you Assemblymember. Thank you. Any other questions or comments? Well, I, I think as Pappan put it, put it well. And I just had a question in terms of the Right now it's a 10 second bypassable warning when logging in. What was the, in an original draft of the Bill.

  • Ash Kalra

    Legislator

    What was, what was the, what was it in the original draft?

  • Rebecca Bauer-Kahan

    Legislator

    So originally it was not bypassable. It would have taken over the screen and you would have been able, you would have seen the warning for I believe 90 seconds. The concern in the prior Committee in privacy was that these tools are used in emergencies. The Palisades fire, for example, X was being used to find evacuation routes.

  • Rebecca Bauer-Kahan

    Legislator

    And so there was concerns from Members that we needed to address that emergency access issue. And so this one which allows you to have access to your feed during that original sign on deals with that issue.

  • Rebecca Bauer-Kahan

    Legislator

    But at three hours, which is when the research starts to show there's serious mental health impacts, you will get that 90 second non bypassable so that we are educating those who are most at risk of having those impacts.

  • Ash Kalra

    Legislator

    Yeah, and so I appreciate that. I mean I think it speaks to the recognition of flexibility and ensuring that we're actually making something that will work. And of course it's a one size fits all warning. All warnings typically are one size fits all.

  • Ash Kalra

    Legislator

    Unless you'd like to make a specific warning for every single piece of content that's unique to that content. I don't think any of the companies would want to do that. I think a one size fits all is what you would expect in most, whether it's labels, what have you. They're typically a General warning.

  • Ash Kalra

    Legislator

    And you know, the fact is bypassable, I think is a gift, quite frankly, but it is. You know, we get used to bypassing a lot of stuff, a lot of ads. I mean, you scroll online, you're bypassing things all the time. To simply have to bypass a warning, I don't think is much to ask for at all.

  • Ash Kalra

    Legislator

    And I think this clearly will be challenged in the courts. And I think this is a question the courts should need to. Need to answer to and they're going to have to answer to.

  • Ash Kalra

    Legislator

    And I think that, you know, I think that the Attorney General's Office will have a great argument to make that in the interests in public interest, in the interest of our children, that this is not too much of a burden. But we'll let the court decide that and we'll let our able Attorney General make that argument.

  • Ash Kalra

    Legislator

    And I just want to again thank now in these back to back hearings, two mothers that have shown up for their children, for all children, it does matter. And I appreciate the work of the author. I think that this, the form that this is now taking is entirely reasonable.

  • Ash Kalra

    Legislator

    And I probably would have supported some other forms as well, but I think the form it's in is reasonable, certainly achievable, because the same expertise used to create the social media apps that were designed to create addiction, especially amongst youth, can also be used to give a little bit of a warning when you're entering into that space.

  • Ash Kalra

    Legislator

    I'd like to be added as a co author. And would you like to close?

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, Mr. Chair. And I'm honored to have you both as co authors. Yeah, I think to your point, we've already made amendments. I think the Bill, I really thought this was gonna be one. We're gonna be on the same team.

  • Rebecca Bauer-Kahan

    Legislator

    And one of the criticisms I got in the last hearing was that it didn't provide access to resources in the box. And I said that I invite that. And I don't think anything in the Bill would prevent them from actually giving the warning and then linking to resources for parental controls and the like.

  • Rebecca Bauer-Kahan

    Legislator

    And if we need to clarify that, I would be happy to do so. Cause I think we want this to be as useful as possible. But the opposition said, you know, at best, it's annoying. And I think that that correct the record there, because I think at best, it will save the lives of people like Alexandra.

  • Rebecca Bauer-Kahan

    Legislator

    We have a serious crisis, and those of us that are parents of teens live with it and watch it every single day. And it is time that we do everything we can to save lives of people like this beautiful young lady.

  • Rebecca Bauer-Kahan

    Legislator

    And I couldn't agree more that we have these heroic parents who are here to move us to take action. And I want to thank you and again say that you are making her memory a blessing. And with that, I ask for an aye vote.

  • Ash Kalra

    Legislator

    And just to clarify, you're accepting the amendment?

  • Rebecca Bauer-Kahan

    Legislator

    Oh, yes. Sorry, Mr. Chair. Again, I accepted.

  • Ash Kalra

    Legislator

    My staff reminded me like, four times. Can you ask about the amendments?

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, we'll place that Bill on call.

  • Ash Kalra

    Legislator

    Thank you. Assembly Member Pellerin. Item AB 1025. That's item 19. Assembly Member Pellerin has been the most patient amongst us since she was here this morning, along with her witnesses.

  • Gail Pellerin

    Legislator

    They're coming. They're walking over now.

  • Ash Kalra

    Legislator

    Okay, well, I'm going to speak slowly right now.

  • Gail Pellerin

    Legislator

    So will I.

  • Ash Kalra

    Legislator

    We take your time.

  • Gail Pellerin

    Legislator

    Thank you. Do you have a parka for Assembly Member Pacheco please?

  • Ash Kalra

    Legislator

    I know it's a little cool in here.

  • Gail Pellerin

    Legislator

    She's freezing.

  • Ash Kalra

    Legislator

    Although Assembly Member Pacheco has been around long enough to be prepared to bring. I'm just kidding. But, you know. I know. I just want to thank all of the witnesses and people in the public who have been waiting in line to get into the detectors. The elevators have been glitchy. It's not the.

  • Ash Kalra

    Legislator

    And that happens. It's an old building. That happens sometimes. But I just want to thank everyone for their patience coming in and out of the building as well. And so Assembly Member Pellerin. Looks like we. Is there an additional witness you're waiting for?

  • Gail Pellerin

    Legislator

    We have supervisor Arenas on her way.

  • Ash Kalra

    Legislator

    Okay.

  • Gail Pellerin

    Legislator

    And I have my expert witness. Okay. Okay.

  • Gail Pellerin

    Legislator

    And David Campos is coming.

  • Ash Kalra

    Legislator

    Okay. And so they're on the. They're in the building?

  • Gail Pellerin

    Legislator

    But I got three pages I can read.

  • Ash Kalra

    Legislator

    Okay. No, no, no.

  • Ash Kalra

    Legislator

    So I want to make sure that you know, because they were. I saw that they were waiting all morning as well. So.

  • Gail Pellerin

    Legislator

    They're at the elevators. Okay.

  • Ash Kalra

    Legislator

    Okay, so why don't we go ahead and begin.

  • Gail Pellerin

    Legislator

    I had good morning, but I'm gonna say good afternoon chair and members. First, Mr. Chair, I'd want to extend my appreciation to your committee consultant for her extensive engagement on this bill.

  • Gail Pellerin

    Legislator

    Second, I want to be crystal clear that I accept all the amendments that are clearly outlined in the analysis. During the first Trump Administration, I was working as the County Clerk in Santa Cruz County. I partnered with the Welcoming Network of Santa Cruz County who provides support to refugees, asylum seekers and community members.

  • Gail Pellerin

    Legislator

    My role at that time was to ensure mixed status families had passports for their US born children. The passport was a part of the think ahead planning we encouraged families to do so that, if the parents were deported, the child would have a passport to be able to travel between the parents home and the United States.

  • Gail Pellerin

    Legislator

    Now forward to 2025, I'm hearing the same fears and anxieties from my community regarding immigration, detention, and deportations. These fears are so great that in East San Jose, school attendance has decreased by a third.

  • Gail Pellerin

    Legislator

    Families are worried and in planning for worst case scenarios, they have reached out asking for the right tools that will allow them to choose a temporary caretaker who can step in and fulfill all legal guardianship responsibilities. Currently, there are several planning tools available to families when it comes to setting up caretaker responsibilities.

  • Gail Pellerin

    Legislator

    Upon review, we found that each of these tools has limitations that prevent them from adequately meeting the needs, families, organizations and community members in my district are seeking. AB 1025 creates the standby caretaker. This tool differs from other tools in the following ways.

  • Gail Pellerin

    Legislator

    It does not require the custodial parent to interact with the court prior to being unable to care for the child. This is an important protection because of well founded concerns. Last week, during a routine check in at ICE Offices, a mother and her three US born children, ages 2, 4, and 7 were arrested with little due process.

  • Gail Pellerin

    Legislator

    All four were deported to Honduras. The form is available to any parent who knows or fears they will be unable to temporarily care for their child. While the inspiration for this bill is the federal administration's announcement about strong immigration enforcement actions that can happen anywhere, anyplace, anytime and potentially with no due process.

  • Gail Pellerin

    Legislator

    As outlined in the example I just provided, this bill is applicable beyond just that. As proposed to be amended, a single parent facing military deployment or needing significant medical care will be able to avail themselves of this tool.

  • Gail Pellerin

    Legislator

    The bill also requires judicial oversight only after the triggering event has occurred and the standby caretaker is ready to formally and legally begin the process outlined in this bill. This bill also clearly preserves the rights of the custodial parents and declares those rights superior. An important piece for reunification. California has always been a beacon of protection.

  • Gail Pellerin

    Legislator

    We have always chosen to be a source of support and strength to the most vulnerable, the most scared. AB 1025 builds on that by allowing parents to choose someone they trust and they know will care for and love their child while they cannot be physically present. And so with me to testify today, you have great timing.

  • Gail Pellerin

    Legislator

    To further highlight the need for this bill are Santa Clara County Supervisor Sylvia Arenas. We also have Dilza Gonzalez, Director of Organizing with Sacred Heart Community Service, and Susan Greenberg, Santa Clara County Deputy Counsel, will help to answer any technical questions.

  • Ash Kalra

    Legislator

    Thank you so much. And I wanna, as I mentioned before you came back, and I wanna thank all the witnesses and people that are here in support and for all the patients you've had today. I know that the elevators have been glitchy and a lot of long lines.

  • Ash Kalra

    Legislator

    So thank you for getting back here in time because I know it's been a challenging day and it's always great to see you, supervisor.

  • Sylvia Arenas

    Person

    Likewise, Chair. Good afternoon, everyone. I'm Sylvia Arenas, County Board of Supervisors. And we are proud to sponsor AB 1025 and grateful to Assemblymember Pellerin for her tireless partnership and commitment to our community once and over and over again. So thank you so much.

  • Sylvia Arenas

    Person

    This bill really is a product of community convenience where the fear that exists in my community is really palpable. And I'll share some of what that means a little bit later. The terror of detention and removal is a constant presence. It makes basic life, including just health care access already in decline, a source of.

  • Sylvia Arenas

    Person

    A source of fear. We are seeing our children not attending our schools. And as a mom, it's really devastating to consider the possibility of not seeing my kids again. But that's what families are preparing for. The unimaginable family separation they're planning for who will care for their children if ICE is at the door.

  • Sylvia Arenas

    Person

    And while this fear is most acute and mixed status families where one or more parents are undocumented, it's not limited to those families. 61% of our children in our local schools are children of immigrants. And as we have seen, the administration has shown no deference to the protection of a green card or a visa.

  • Sylvia Arenas

    Person

    Personally, my own children had mixed status parents during the first Trump Administration. Learned very quickly to change that. So I speak from my own experience and for families across our community. Our county knows there are existing options. But each existing option fails the critical need for advanced planning without the terror of advancing contact with the legal system.

  • Sylvia Arenas

    Person

    Additional options for families are good and needed thing. Our families also need education on what those different options mean and the resources to support them. Advance identification of a caretaker in the manner that works best for the family can help alleviate that fear that I talked about. And of course the anxiety.

  • Sylvia Arenas

    Person

    The pre planning keeps children out of our child welfare system. And this separation obviously is very traumatic. I respectfully ask for your I vote. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Dilza Gonzalez

    Person

    Good afternoon, Mr. Chair and members. My name is Dilza Gonzalez and I am the Director of Organizing a Secret Heart Community Service in San Jose. I also work with the Immigrant Protection Environment Network led by Amigos De Guadalupe. I am here today to share my story.

  • Dilza Gonzalez

    Person

    One that reflects the reality of many families in our community who are living in fear of separation. I am fortunate enough to say that I'm safe today. But countless families are still facing the threat of being torn apart. Not only because of deportation, but medical reasons and other reasons. My experience is not unique.

  • Dilza Gonzalez

    Person

    Like many families, I had to make the painful decision to assign a wardenship of my children to someone else. This was terrifying. Not knowing if I ever get to see my children back or worrying that this decision might be used against me in the future.

  • Dilza Gonzalez

    Person

    I didn't want it to go to court because that will have added another emotional burden not only to me, but to my children during an already traumatic time. Most importantly, I didn't want my children to end up in a foster care system.

  • Dilza Gonzalez

    Person

    That trauma family separation is different and children deserve to be with people who understand their unique struggles. This is why I am here in support of the standby wardenship bill AB 1025. This bill will allow families to prepare for emergencies. It prioritizes family reunification and ensures that we have the tools to protect our children.

  • Dilza Gonzalez

    Person

    In closing, I urge you to support AB 1025 and stand with our community. Give families like mine real options and vote I on this bill. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1025? Can we get the. Thank you. Thank you.

  • Chloe King

    Person

    Chloe King with Political Solutions on behalf of San Mateo County in support. Thank you so much.

  • Ash Kalra

    Legislator

    Thank you.

  • Crystal Jimenez

    Person

    Hi everyone. My name is Crystal Jimenez. I'm from PACT. People Acting in Community Together.

  • Victor Negrete

    Person

    Hi Chairman. I'm Victor Negrete and supporter.

  • Dolores Alvarado

    Person

    Good afternoon Chairman Kalra and the rest of the members of the assembly. My name is Dolores Alvarado. I'm the CEO of an Association of Community Health Centers in Santa Clara County, San Mateo. We serve over 225,000 folks. A million. A million visits per year. And it is my pleasure and honor and request. Not request. I'm supporting.

  • Dolores Alvarado

    Person

    My whole group is supporting Assemblymember Pellerins. I'm getting nervous now. AB 1025. Thank you. Thank you so much.

  • Ash Kalra

    Legislator

    Thanks for being here.

  • Pauline Seales

    Person

    Pauline Seales. I normally represent Santa Cruz Climate Action Network and we support this, but I also represent Santa Cruz Indivisible. Thank you. Thank you.

  • Mimi Spreadbury

    Person

    Good afternoon. Chairman and Assembly Members. Mimi Spreadbury, Orchard City Indivisible. And I here support this bill very much so to protect our children, to protect our communities. Thank you so much for being here neighbors from Santa Clara County. Thank you.

  • Susanna Burgos

    Person

    Hello. Good afternoon. My name is Susanna Burgos. I am a supporter for 1025. Thank you.

  • Jonathan Munoz

    Person

    Good afternoon. Chair. Members. Jonathan Munoz here on behalf of First 5 California, the Statewide Commission on Children and Families, in strong support of AB 1025. We'd like to thank the author for her leadership on this issue and look forward to the bill moving forward. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Zach Norris

    Person

    Hi, I'm Zach Norris, California Climate Director with Greenpeace, also in support of the bill. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1025?

  • Kristin Power

    Person

    Good afternoon, chair and Members. Kristin Power with the Alliance for Children's Rights. On behalf of a coalition of legal aid organizations, I respectfully oppose the measure. We do appreciate the goal and the intent of the bill. However, we do have process concerns, including parental notification as well as the timeline processes included in what is proposed here.

  • Kristin Power

    Person

    So will respectfully oppose.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else in opposition to AB 1025? Okay, we'll bring it back to the Committee. Any questions or comments or motions? We have a motion second and a second. Some Member Zbur, do you have any questions.

  • Damon Connolly

    Legislator

    To the. To the author? I. I thought that you had taken some amendments to address the thrust of some of the concerns that were raised by the coalition. Is that accurate or not?

  • Unidentified Speaker

    Person

    I'm sorry, say that one more time.

  • Damon Connolly

    Legislator

    So I thought that some of the concerns that these. I don't know what the process concerns are, but the process. Yes, yes.

  • Unidentified Speaker

    Person

    We've been in communication and my door remains open to continue dialogue.

  • Damon Connolly

    Legislator

    Got it. Great. Okay. Thank you, somebody.

  • Blanca Pacheco

    Legislator

    Pacheco, I wasn't going to ask a question, but Assembly Member Zbur asked a question. Just a really quick question. How close are we to perfecting this bills regarding the like the opposition's concerns?

  • Kristin Power

    Person

    How close are we appreciate the question. We'd like to see the bill in print, but we continue to have concerns about process, particularly timeline that. We have concerns that the way that the bill is proposed does not address how actually things work in the probate court.

  • Blanca Pacheco

    Legislator

    So once that's been perfected, you'll be able to support the bill. Once that's been perfected a little more.

  • Kristin Power

    Person

    I don't know that we would be in support, but we can certainly neutralize the position.

  • Blanca Pacheco

    Legislator

    Okay. Well, I know the author very well and I know she's committed to working with you, so I look forward to seeing the final outcome. But of course, I am supporting the bill today. Thank you. And thank you for all that you do. Thank you. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Yeah, I mean we did. We. There was another bill that we heard in this space and I think there's certainly opportunities moving forward to try to, if not merge, at the very least make consistencies. Right. But they're both worthy piece of legislation.

  • Ash Kalra

    Legislator

    And I know, as mentioned, that the author we have is Summer Pellerin is one that will take the concerns seriously. But ultimately, really this is about a situation. And of course I appreciate Supervisor Arenas.

  • Ash Kalra

    Legislator

    I mean, basically her district straddles somewhere in Pellerin in my district in San Jose, and particularly the concerns that are coming out of East San Jose and other parts of our county are incredibly concerning. And appreciate Ms.

  • Ash Kalra

    Legislator

    Gonzalez with sacred Heart Community Service, actually, full disclosure, many years ago was on the board of the organization and it's actually my nonprofit of the year this year. And so the, the work being done is extraordinarily important.

  • Ash Kalra

    Legislator

    And you sharing your personal experience, I think just compounds the need, unfortunate need for us to create this kind of unique type of relationship of a caretaker. Because right now that probate guardianship is not it.

  • Ash Kalra

    Legislator

    That is really meant for different situations where a parent doesn't have the ability or desire for a number of reasons to take care of the child. This is the opposite.

  • Ash Kalra

    Legislator

    These are parents that actually are trying to do everything they can to protect their children and that should be recognized and recognized, even if it's a different type of caretaker type of status we create, the parent should have the ability to decide based upon their, you know, whether it's their neighbors or someone from church, whatever it might be, someone that they believe will be in the.

  • Ash Kalra

    Legislator

    Will have the best ability to take care of their children if something happens to them and not have the courts, as if that parent was a derelict parent, have the courts decide some stranger that's going to take care of that child. And so I think that what you're doing is important.

  • Ash Kalra

    Legislator

    I really appreciate Santa Clara County once again stepping up in leadership. For those that don't know, even during the last Administration, there was no other county in the country that sued the Administration, the protection of our own, of our rights and of our community than Santa Clara County.

  • Ash Kalra

    Legislator

    And even unfortunately, when we're in that position again and the county is once again stepping up, and I'm very grateful for my county to be doing that in solidarity as we heard from other counties and other folks that are stepping up, understanding the need for this type of legislation. So with that, would you like to close?

  • Unidentified Speaker

    Person

    Yeah. And let me just say that, you know, these are unprecedented times and families deserved to have access to as many tools as possible to choose from and deserve to choose the one that best fits their unique circumstance. So my team and I worked and engaged with the legal aid groups that work closely in dependency court.

  • Unidentified Speaker

    Person

    We have also engaged with organizations working with families who fear a sudden separation from their children. And the amendments my team and I have worked on in consultation with your Committee staff, of course, I believe address many of these concerns raised today.

  • Unidentified Speaker

    Person

    And for the children in mixed status families, for the child of a single parent Marine with deployment orders, for the child of a parent facing incarceration and countless other Situations. I respectfully ask for your aye vote on AB 1025.

  • Ash Kalra

    Legislator

    Thank you.

  • Committee Secretary

    Person

    [Roll call]

  • Ash Kalra

    Legislator

    We'll place that bill on call.

  • Committee Secretary

    Person

    Thank you, sir.

  • Ash Kalra

    Legislator

    Thank you all so much.

  • Unidentified Speaker

    Person

    Thank you.

  • Ash Kalra

    Legislator

    Can we call for some. All morning we were inundated with authors, and then here we are in the afternoon. Senator Pacheco's cold. We don't have authors.

  • Blanca Pacheco

    Legislator

    2:30.

  • Ash Kalra

    Legislator

    Bauer-Kahan. Do you have a bill? Do you have a bill you would like to present? Pick a bill. Any bill you would like to. Well, I know. Yeah.

  • Rebecca Bauer-Kahan

    Legislator

    Would you like to present a bill?

  • Ash Kalra

    Legislator

    Which bill would you like to present? 1018. Okay, that's item 18, AB 1018, Bauer-Kahan.

  • Rebecca Bauer-Kahan

    Legislator

    Walked in exactly the right moment. We still haven't had lunch.

  • Ash Kalra

    Legislator

    And just to clarify for everyone, the Assembly Member Bauer-Kahan has six bills in the Committee today.

  • Rebecca Bauer-Kahan

    Legislator

    But see, if I don't do the one after another, you won't realize it.

  • Ash Kalra

    Legislator

    I just want to make it clear to folks so, you know, if anyone had any confusion.

  • Rebecca Bauer-Kahan

    Legislator

    Mr. Chair, that's our little secret. Oh, see, this time they put in my talking points to accept Committee amendments, so I'm on it. I never read them, so... Good thing you have good staff.

  • Rebecca Bauer-Kahan

    Legislator

    I'll go help the witnesses. Apparently they...

  • Ash Kalra

    Legislator

    All right, are you ready to begin?

  • Rebecca Bauer-Kahan

    Legislator

    We can't find the other witness, but they're looking, so she'll... Our worker is coming. Thank you, Mr. Chair and Members. I want to start by accepting the Committee amendments and thanking the Chair and Committee staff for their work on the bill. With that, I'm proud to present AB 1018, the Automated Decision Safety Act.

  • Rebecca Bauer-Kahan

    Legislator

    AB 1018 has one singular goal, and that's to protect Californians from potential discrimination and to ensure that automated decision systems can be trusted to perform reliably and accurately when they're deployed in our communities. And often when we're talking about AI, people think we're talking about these newfangled devices that now have conversations with us.

  • Rebecca Bauer-Kahan

    Legislator

    But automated decision tools have been around for a long time, well before the advent of ChatGPT. And these are the tools that are trained on old data. What employees did we like, feed those resumes in, and make recommendations for who to hire, that kind of thing.

  • Rebecca Bauer-Kahan

    Legislator

    And these tools are being used by 99% of corporations, they are making well over half of the decisions in our lives, and we don't even know it. And so, as you can imagine, when you train these tools on data, historic data, you can build into them historic bias. One of the classic examples of this is that Amazon trained a tool on their tech workforce and fed in the resumes of their tech workers.

  • Rebecca Bauer-Kahan

    Legislator

    As will surprise nobody in this room, those workers were predominantly men and the tool learned to prefer men. Now, Amazon did what this bill asks and did an impact assessment and did a test and realized that the tool was selecting out women. And they did not deploy it. They did the right thing. They actually publicized it and explained the risk of these tools.

  • Rebecca Bauer-Kahan

    Legislator

    What this bill is really asking is not that complex and it is critically important. It is that they do that work, that they let you know they're using the tool, that they test for bias, and that we ensure that historic bias is not being built into tools that are making the most important decisions in our life.

  • Rebecca Bauer-Kahan

    Legislator

    Hiring, lending, housing, health care, the things that we need to survive. And so this has been a three year long effort. When I introduced this originally three years ago, you know, I worked with some of the largest corporations that do what this bill is asking.

  • Rebecca Bauer-Kahan

    Legislator

    And I really thought this was going to be a bill where we were able to come together, where we agreed discrimination in tools was something that we needed to weed out. We would bring everybody up to the level of the best actors and we would move forward. Well, three years later, here we are. So I think the bill is by no means perfect at this point. We continue to work with some of the opposition to make sure that we are refining our definitions.

  • Rebecca Bauer-Kahan

    Legislator

    We took a lot of definitional, a different definitional direction this year to try to deal with some of the opposition we've had in years past and continue to get feedback on whether we hit that right. Because I'm the first to admit my bills are never perfect in introduction and it requires a lot of work. But this is really, really important in making sure that California is doing right by the people who live here. And you know, the priority of this body, as stated at least I think on both sides of the aisle.

  • Rebecca Bauer-Kahan

    Legislator

    But for sure the Democratic Caucus this year is affordability, is making sure that California is a place where we can live, we can thrive. And if tools are denying you a loan or health care or a job, you cannot live here. This is critical to the goals set forth by our very own caucus.

  • Rebecca Bauer-Kahan

    Legislator

    With me today in support of AB 1018 is Charlotte A. Burrows, former Chair of the United States EEOC, and Krystal Coles, member of Local 1000 Board of Directors, who runs the Homekey Program for the California Department of Housing and Community Development. Ladies.

  • Ash Kalra

    Legislator

    Thank you.

  • Krystal Coles

    Person

    Thank you. Good afternoon, Mr. Chair and Members of the Committee. I appreciate the opportunity to be able to speak on this legislation today. My name is Krystal Coles, and for the last three years, I've worked on the Homekey Program, currently working on the Local Housing Trust Fund Program as well.

  • Krystal Coles

    Person

    I'm also a proud member of SEIU Local 1000's Board of Directors. I'm proud to represent this bill on behalf of SEIU because it's important for labor to be involved in the dialogue of what's happening around technology. The public sector is often tasked with taking clunky technology and somehow making it workable for millions of Californians.

  • Krystal Coles

    Person

    Where technology works the best is when workers are actually tasked with implementing the tech. We actually will have a seat at the table, and it's where we can provide feedback, critique, and even how technology would best be utilized in the workplace.

  • Krystal Coles

    Person

    It's far too often that we are required to implement new technology that hasn't been fully vetted and full with bugs that can be detrimental to not just the workers, but those who rely on the services the workers provide. This legislation is an important start to addressing some of the concerns that we have been putting in place, such as necessary guardrails, protections, and responsibilities on the developers themselves.

  • Krystal Coles

    Person

    California is a progressive leader with some of the strongest civil and labor protections in this country, and these values are critical in the time when so many vulnerable populations right now are under attack by our federal government. Technology should never be a shield to allow for disparate treatment or discrimination.

  • Krystal Coles

    Person

    The use of technology continues to expand in crucial services such as housing, health care, employment, credit, and a lot of other critical services Californians need. The potential harms and biases that these systems present have been well documented. We at Local 1000 have had reports and mistakes in the Social Security Disability Evaluations Department, where the AI system has failed to make accurate determinations and a human had to intervene to correct these errors.

  • Ash Kalra

    Legislator

    You can finish your thought.

  • Krystal Coles

    Person

    Human oversight is critical because machines can't fully understand the complexities of individuals' cases, such as medical history or unique circumstances. Only a human can provide that empathy, that judgment, and a thorough review needed to ensure fair and accurate and compassionate decisions. Thank you.

  • Charlotte Burrows

    Person

    Good afternoon, Chair and Members of the Committee. I'm honored to share my perspective on the employment discrimination that may arise from advanced decision systems. My views today are based on my experience of more than two decades in civil rights enforcement, litigation, and policy. And I should say that I do not represent anyone but myself today.

  • Charlotte Burrows

    Person

    These are my own views. California has long led in protecting workers from discrimination based on race, national origin, religion, sex, and other irrelevant characteristics. The necessity to continue that to protect and make sure those protections are real for workers means that laws must effectively address discrimination in whatever form it occurs, including high tech versions.

  • Charlotte Burrows

    Person

    Such systems are increasingly used in employment decisions from hiring to firing and nearly everything in between. And while some of these systems may offer benefits, like any other powerful technology, there must be guardrails to protect against harms.

  • Charlotte Burrows

    Person

    And that's why I, as Equal Employment Opportunity Commission Chair, started an initiative to look at what those harms were and to be nimble enough to follow them and prevent and protect these harms included, online assessments without accommodations for candidates that had limited vision or disabilities that made it difficult to use a mouse.

  • Charlotte Burrows

    Person

    Selection systems, as you've heard, that were biased or used biased or unrepresented data to exclude many qualified workers. Employee monitoring systems that set schedules so rigid it was absolutely impossible to take that disability needed break or to take a rest because you were pregnant or needed a prayer break.

  • Charlotte Burrows

    Person

    Systems using illegal metrics, as in our case against iTutor, in which we found that the online recruitment was actually programmed to eliminate you if your birth date was past a certain year. So older workers had no chance. AB 2018 has important guardrails, and I appreciate your attention to this very important issue.

  • Ash Kalra

    Legislator

    Thank you so much. And can you introduce yourself and any credentials or title you'd like to?

  • Charlotte Burrows

    Person

    Yes. Sorry. Again, Charlotte Burrows. I chaired the US Equal Employment Opportunity Commission from 2021 to January 19th of 2025.

  • Ash Kalra

    Legislator

    Thank you. That's an important factor. Anyone else here in support?

  • Becca Cramer Mowder

    Person

    Becca Cramer-Mowder with Kaiser Advocacy on behalf of Privacy Rights Clearinghouse and Consumer Reports in strong support.

  • Ash Kalra

    Legislator

    Thank you. Anyone else in support of AB 1018?

  • Mimi Spreadbury

    Person

    Mimi Spreadbury, San Jose, California, I support.

  • Ash Kalra

    Legislator

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    You made it in the room.

  • Sara Flocks

    Person

    Mr. Chair and Members, Sara Flocks, the California Federation of Labor Unions. Also here to represent support from UDW, UFCW, and CSEA. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    Good afternoon, Chair and Members. Apologies for the long list in advance. These following groups are in support: the California Employment Lawyers Association, the California Initiative for Technology and Democracy, Transparency Coalition, Asian Americans Advancing Justice Southern California, Equal Rights Advocates, Courage California, End Child Poverty California, Western Center on Law and Poverty, and the Economic Security California. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Ignacio Hernandez

    Person

    Ignacio Hernandez on behalf of the Communication Workers of America, District 9, in support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1018?

  • Ronak Daylami

    Person

    Thank you. Good afternoon. Ronak Daylami with Cal Chamber in strong opposition to AB 1018, which has been tagged as a cost driver for the first time in three years.

  • Ronak Daylami

    Person

    And that's because what started as an impact assessment B=bill has gradually morphed into a de facto restraint on a critical technology that has the potential to operate as an equalizer among businesses and to help reduce human biases.

  • Ronak Daylami

    Person

    If done right, the bill not only exposes businesses to tremendous costs and legal liability, but by overregulating as it does, it will instead only discourage the adoption and effectiveness of this technology, widening the gap between small and large businesses, undermining its many beneficial uses, such as expanding access to credit or fostering job creation, and practically ensuring that human decision making biases, which are far more subtle and harder to detect and correct, continue to plague society.

  • Ronak Daylami

    Person

    Businesses still, by and large believe in the importance of reaching a deal on this bill. However, because of the seriousness of the topic and because we cannot afford to get this balance wrong when it comes to bias and discrimination ADS, the reality is that algorithmic discrimination is discrimination under current laws such as FEHA and Unruh.

  • Ronak Daylami

    Person

    We have every incentive to be proactive in confronting this issue head on. And many of our businesses, in fact, already view and employ impact assessments as useful tools to check for and prevent such outcomes. This isn't a secret. In fact, we've discussed it openly from the start.

  • Ronak Daylami

    Person

    Our issue has never been over requiring impact assessments, which we support when used correctly in the correct situations. Where we diverge is over our insistence that the bill focus on high risk ADS applications to avoid overregulation and workability issues, and our objection to requirements that are unrelated to the proper scope, standards and elements of an impact assessment.

  • Ronak Daylami

    Person

    Along these lines, while we do actually greatly appreciate in our reviewing the amendment to mitigate our concerns around codifying definitions of disparate impact and treatment that could confuse, if not alter, current understandings of how ads must be developed or deployed to adhere to existing anti discrimination laws.

  • Ronak Daylami

    Person

    Significant other concerns do remain, including concerns around the infeasibility of the opt out and pre and post use notice and appeal provisions and the administrative compliance difficulties created by virtue of multiple enforcement entities and the absence of any preemption provisions. As such, we do ask for your no vote. Thank you.

  • Julian Canete

    Person

    Good afternoon Chairman Karla and members of the committee. Julian Canete, President and CEO of the California Hispanic Chambers of Commerce. As you know, CHEC and it's over 130 Hispanic and diverse chambers and business association members represent the interests of over 950,000 diverse businesses in California, 95% of whom are small businesses.

  • Julian Canete

    Person

    From managing their workforce to managing logistics and inventory automated time consuming. I'm sorry, I got up. We are deeply concerned that AB 1018 would result in cost increases that will harm small business and consumers.

  • Julian Canete

    Person

    Business owners are already using automated decision systems for a variety of functions, from managing their workforce to managing logistics, inventory, staffing and automate and automating time consuming aspects of client services. According to a report by the Bipartisan Policy Center, over 80% of small business owners who use AI realize this value in their operations.

  • Julian Canete

    Person

    Improving systems, increasing efficiencies, focusing time and producing valuable content. Many of our Members, for example, own restaurants and use ADS to perform various business functions. They leverage data to help inform them on everything from inventory to staffing needs to staffing scheduling, which can result in significant cost savings.

  • Julian Canete

    Person

    These systems are improving their business operations while helping to lower costs so they can survive during this volatile economic period. AB 1018 will result in regulatory burdens and liability risk. The language that describes what the bill applies to seems incredibly broad and vague, which is problematic to us in a few ways.

  • Julian Canete

    Person

    It will apply to a wide variety of commonplace tools and businesses that businesses have used forever and don't necessarily create any risk. These requirements create new costs that may make automating time consuming tasks more difficult than doing things by hand. The bill assumes this is preferable to automation, but that is not necessarily true.

  • Julian Canete

    Person

    Finally, the bill, we feel, will also stifle the development of new ADS assisted applications that small business owners need to compete with out of state international businesses. It will also impact the cost of ADS tools for small business.

  • Julian Canete

    Person

    Rather than restricting the use of ADS, we feel the legislature should consider how technology innovation can enable small businesses to stay competitive and succeed in California.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB 1018?

  • Aodhan Downey

    Person

    Aodhan Downey representing the Computer and Communications Industry Association. In respectful opposition. Thank you. Thank you.

  • Juanita Martinez

    Person

    Juanita Martinez on behalf of CalBroadband. Opposition.

  • Ash Kalra

    Legislator

    Thank you. That was joyful opposition.

  • Eileen Ricker

    Person

    Eileen Ricker with the California Credit Union League. Opposed unless amended. We're working with the author. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Thank you.

  • Mark Farouk

    Person

    Mark Farouk on behalf of the California Hospital Association. Respectfully opposed unless amended.

  • Ash Kalra

    Legislator

    Thank you.

  • MJ Diaz

    Person

    Good afternoon. MJ Diaz on behalf of Kaiser Permanente. We also have an oppose unless amended position.

  • Colin Stadmler

    Person

    Good afternoon. Colin Stadmler on behalf of Chamber of Progress. In opposition. Thank you.

  • Jason Lane

    Person

    Jason Lane, California Bankers Association. Opposed unless amended. We have provided amendments. Thank you.

  • Molly Mallow

    Person

    Molly Mallow with Edelstein Gilbert Robeson & Smith on behalf of the American Staffing Association and the California Staffing Professionals. Opposed. Thank you.

  • Dylan Hoffman

    Person

    Good afternoon. Dylan Hoffman on behalf of Technet and Prism, respectfully opposed.

  • Ash Kalra

    Legislator

    Thank you.

  • Matt Moretti

    Person

    Mr. Chair and members. Matt Moretti on behalf of the Association of National Advertisers and opposition.

  • Ash Kalra

    Legislator

    Thank you.

  • Lizzie Cootsona

    Person

    Good afternoon. Lizzie Kutzona on behalf of the California Medical Association with an opposed unless amended position and look forward to continuing conversations with the author's office. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Claire Conlon

    Person

    Hi. Claire Conlon with Biocom California. Opposition. But we're thankful to the author for meeting with us and committing to working with us on potential amendments. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Jack Yanos

    Person

    Jack Yanos with the Advanced Medical Technology Association. Opposed unless amended. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Anthony Butler-Torrez

    Person

    Good afternoon, chair and committee members. Anthony Butler-Torrez with the California Hispanic Chambers of Commerce in opposition. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Ruben Guerra

    Person

    Good afternoon. Ruben Guerra, chair of the Latin Business Association. And we oppose. Thank you.

  • Margaret Gladstein

    Person

    Margaret Gladstein on behalf of the Security Industry Association. Opposition.

  • Ash Kalra

    Legislator

    Thank you. Bring it back to committee. Any questions, comments, motions, Assembly Member of Zbur.

  • Rick Chavez Zbur

    Legislator

    Yes. So first of all, I think this is a really important bill. I had a couple and I'm going to be supporting it today because.

  • Rebecca Bauer-Kahan

    Legislator

    Is your mic on?

  • Rick Chavez Zbur

    Legislator

    Oh, do I not have it on? Yes, I do. Okay.

  • Rebecca Bauer-Kahan

    Legislator

    Just checking.

  • Rick Chavez Zbur

    Legislator

    Because I understand how complicated these bills are and obviously I think, you know, I trust that you'll continue working with the opponents and trying to get this to a place that is both useful but doesn't have the harms that I think we're worried about and the goals of the bill are trying to attack, are trying to address.

  • Rick Chavez Zbur

    Legislator

    You know, I did want to ask if you would, you know, look at there are a couple things in terms of the process, in terms of the implementation that to me seemed like they should be at least focused on a bit more, and that is whether you need the third party versus self assessments and what the frequency of that might be.

  • Rick Chavez Zbur

    Legislator

    It just sort of seems like, you know, if you actually this is a monopoly at this point, I was worried about that point.

  • Rick Chavez Zbur

    Legislator

    And so to ask you to focus on that and then focus on whether or not it looks like they, they're asking for preemption so that there is not lack of consistency between this, this bill and what might, might be put in place at local levels. So I'd ask you to look at that.

  • Rick Chavez Zbur

    Legislator

    And then I think the, the other last piece of this is and then if it's okay to ask the, the opponents. One of the things that it looks like you're nervous about is the fact is the assertion that this somehow changes the legal standard on discrimination, from intentional discrimination to disparate impact.

  • Rick Chavez Zbur

    Legislator

    In something like this, though, how do you ever achieve the goal? Because I don't think that you would actually have these elements like intentionally discriminating. I mean, doesn't this have to be based on some kind of disparate impact analysis in order to achieve the goals?

  • Rick Chavez Zbur

    Legislator

    So it's a bit of a theoretical question, but to me, while on one level I'm sympathetic to sort of not changing employment law through an AI bill, on the other hand, I don't see how you could prevent the harm without actually having some kind of disparate impact analysis.

  • Rick Chavez Zbur

    Legislator

    So I just don't know if you want to respond to that.

  • Julian Canete

    Person

    Do you want to take that?

  • Ronak Daylami

    Person

    Sure. Again, I think what we have always said from the start is that we think even under existing law, you can't use technology to get around our anti discrimination protections. And this doesn't. We're not trying to change the law in any way to do that.

  • Ronak Daylami

    Person

    I think in terms of intentional discrimination being an element, I think what we are saying here is we're comfortable with preserving existing law as is. So to the extent that there is intentional. Intentionality is required as an element of Unruh, we're just asking to not change that.

  • Ronak Daylami

    Person

    I don't know that you'd need to prove intentionality in every single case. I think that is something that is not always required in Unruh. I think in FEHA, there's both disparate impact and disparate treatment. In Unruh, it's not always an element. So that's where we don't want to start to change existing law.

  • Ronak Daylami

    Person

    But, but again, I don't know that using technology means that you don't have intentionality. I think all we're saying is preserve existing law as is. We don't want to change what existing law is. And from our understanding, under existing law, using technology doesn't get you out of discrimination claims.

  • Ronak Daylami

    Person

    So I think you can have it both ways, if that makes sense.

  • Rick Chavez Zbur

    Legislator

    I guess the trying to put guardrails and protections into the tools that business uses.

  • Rick Chavez Zbur

    Legislator

    And having a standard that might be different from the discrimination case that an individual brings against an employer, I think is a different thing than actually looking at what the characteristics are that the tools need to abide by. And so I just. So first of all, Ms. Barris, it's really an honor to have you here.

  • Ronak Daylami

    Person

    Yeah.

  • Rick Chavez Zbur

    Legislator

    So I want to thank you for joining us today. Very much been a fan of your work in the prior administration and beyond that, I think you've articulated the concern. I have. I don't know if either of you want to sort of respond to it and then.

  • Rick Chavez Zbur

    Legislator

    But I am will be supporting the Bill today and ask that you continue working on these issues.

  • Rebecca Bauer-Kahan

    Legislator

    Yeah, and I am, you know, as I mentioned in my opening remarks, I'm absolutely committed to continuing working on this. I have a separate bill, but I don't know if it's being heard in this committee or not or was heard.

  • Rebecca Bauer-Kahan

    Legislator

    Maybe that does set up an auditor scheme in California and that is in part to start to push the market. To be totally frank with you, when California and Europe says this is what we're going to require, the markets do, then follow.

  • Rebecca Bauer-Kahan

    Legislator

    And so we've introduced that bill of, you know, that would set up an Auditor scheme in California in order to ensure that it's not a monopoly and that we do have auditors. That's a separate bill, but just wanted to address that point.

  • Rebecca Bauer-Kahan

    Legislator

    But we'll absolutely continue to look at that issue and then happy to have conversations on the preemption issue, have a meeting with the chamber, I believe, next week to continue this conversation.

  • Rebecca Bauer-Kahan

    Legislator

    As you heard from many of the folks behind me, the bankers, the health care folks, we are in conversations with a lot of the people impacted by this, which is really important. But I think you wanted to address those two points first. But I think you raise an important point around what are we trying to do here.

  • Rebecca Bauer-Kahan

    Legislator

    Especially the bill does something that's really critical in law, which is it separates out the developers of these tools from the deployers of these tools. They're the companies that are creating these tools. And then there are the small businesses, the employers that are using them.

  • Rebecca Bauer-Kahan

    Legislator

    And it actually does create different obligations on the two parts because they're different. One is a tech company that creates these and tests them and knows all that. And the next is your small apartment owner who uses one to help select a tenant, which obviously is a very different situation.

  • Rebecca Bauer-Kahan

    Legislator

    And I think that when you buy these tools off the shelf as a deployer, you obviously do not, I believe in my heart of hearts, have the intent to discriminate. Right. The question is, do the tools discriminate?

  • Rebecca Bauer-Kahan

    Legislator

    And I think one of the things you heard is that the employer community is much more in the opposed and less amended category because they don't want to buy discriminatory tools. They are on the hook for discrimination if they do.

  • Rebecca Bauer-Kahan

    Legislator

    And so they have a real interest in ensuring these tools are tested and that they are safe before they get their hands on them and then use them to make decisions that civil rights law today says you can't discriminate. We have. We have actually amended and taken additional amendments in this committee to.

  • Rebecca Bauer-Kahan

    Legislator

    In past years, and I think the opposition would agree with this. There was actually more daylight between the bill and current civil rights law. And we have even an introduction. I think we were closer to aligning with civil rights law. But the amendments today take another step in that direction. But obviously, we will continue that conversation.

  • Rebecca Bauer-Kahan

    Legislator

    But I do want to turn it over. I think this question of intent is an important one for her to address, having experienced this firsthand.

  • Unidentified Speaker

    Person

    Sure. I absolutely agree that in the large majority of cases, this is going to be a disparate impact problem. And the issue is the lack of transparency makes it very difficult. It's difficult to prove intent anyway. It's difficult to prove. You need that in any context.

  • Unidentified Speaker

    Person

    But in these contexts, when you're talking about systems that can be so opaque, it is absolutely essential that disparate impact be brought in. I did mention one intentional programming, the ITUTOR case that we found where for whatever reason, they did not want women over 55 or men over 60 employed and they were automatically rejected.

  • Unidentified Speaker

    Person

    But other than that, I can't think of an instance that we saw. But we did see a lot of algorithms that were driving people's work lives in ways that I don't think, you know, was intended. But nonetheless, the worker was in a situation where they were absolutely being denied their civil rights.

  • Unidentified Speaker

    Person

    And oftentimes it is so difficult for an individual on their own to have to wrestle with that. It's just, you know, oftentimes the employer isn't totally sure what's going on under the hood with these practices. So how is the employee supposed to raise it?

  • Unidentified Speaker

    Person

    And that was really what concerned us with the AI initiative and for trying to help.

  • Rick Chavez Zbur

    Legislator

    Thank you. Thank you.

  • Ash Kalra

    Legislator

    Thank you. And I think this is. You have a lot of complex bills, and I think this is one of the more complicated ones to try to get right, but it's an important one. You know, this is.

  • Ash Kalra

    Legislator

    I know you've been at it for three years, but when I was back chairing labor committee and Assembly Member Joan Sawyer had one specific to hiring, and it was comp. That just by itself was complicated.

  • Ash Kalra

    Legislator

    But I think that this is something we're going to be grateful for, including the employers that we are tackling now and not many years from now, but I think it will be even that much more complicated. And so let's do the work Now, I know that you're up to the task. Thank you.

  • Ash Kalra

    Legislator

    And the opposition is up to the task of joining you at the table, as they've stated. And so, although I'm not sure this will be a cost driver, although I see the little shift from job killer to cost driver that the chambers used. Maybe because. Not maybe because jobs actually weren't killed, but anyway.

  • Ash Kalra

    Legislator

    And I want to thank our witness for being here and offering her expertise. And we do need a motion on this matter. I'll move. And I'll second. And would you like to.

  • Rebecca Bauer-Kahan

    Legislator

    I was gonna second my own bill, but yes. I just. I want to reiterate my gratitude to all of you for being here. You know, Ms. Coles, who represents our workers every day and making sure that they get a fair shot, which is so important here in California. So gratitude to you. And then, of course, Ms.

  • Rebecca Bauer-Kahan

    Legislator

    Burroughs, who has led from D.C. and beyond to make sure that we. We have equal access to civil rights. And with that, I respectfully ask for your I vote.

  • Committee Secretary

    Person

    [roll call]

  • Ash Kalra

    Legislator

    Okay, we'll place that bill on call.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you. Thank you. Do you want me to go again or just. Okay. Thank you. Thank you for having me. Thank you guys so much.

  • Ash Kalra

    Legislator

    Which one's up next? We'll do an order. AB 45. Follow him, too.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, Chair and members. I want to start by thanking the committee for, as always, their excellent analysis on this bill. I don't believe if there are any amendments for me to accept, so I won't be doing that.

  • Ash Kalra

    Legislator

    Although you remember for this one.

  • Rebecca Bauer-Kahan

    Legislator

    But, you know, this bill is really critical because what we're talking about here is data. And data privacy is so scarce, to be honest with you, in our daily lives. And so this deals with abortion data, which is really important as we've made many strides in the last few years to protect data for patients coming into state.

  • Rebecca Bauer-Kahan

    Legislator

    There are a few things left to do, and this tackles two of them. One is it deals with research data. It turns out that data has NIH protections, which may or may not be lasting. And so we need to make sure that we put state-level confidentiality protections around our research data.

  • Rebecca Bauer-Kahan

    Legislator

    And then secondly, it deals with geofencing around healthcare facilities we have that just makes sure that we're not tracking people into and out of reproductive health clinics. It does have an exception for the safety and security of the clinic of the workers of anyone.

  • Rebecca Bauer-Kahan

    Legislator

    But other than that, you can't track people for marketing purposes or whatever the case may be and then give that data away so that they know who is entering our facilities. And with me today is Jennifer Chase, Legislative Director of State Government Relations for UC Office of the President.

  • Ash Kalra

    Legislator

    Thank you.

  • Jennifer Chase

    Person

    Good afternoon, Chair and members. My name is Jennifer Chase and I'm the Legislative Director at the University of California Office of the President. On behalf of the University of California, I'm here as a proud sponsor to express our support of AB 45.

  • Jennifer Chase

    Person

    When you see physicians provide care to a patient who's traveled from a state with restrictive policies, they feel confident that there are laws in place from HIPAA to several California laws that protect that patient's health information from a subpoena by someone located in another state who may seek to punish her for seeking care that's legal in California but possibly illegal in her home state.

  • Jennifer Chase

    Person

    However, UC researchers do not share that same confidence when performing research outside of a healthcare setting. Many UC researchers conduct survey and interview-based research on people about their reproductive health experiences, including research specifically evaluating the effects of the new state laws enacted since Dobbs vs Jackson Supreme Court decision.

  • Jennifer Chase

    Person

    This data can include information about contraception, abortion care, and other individual care information. It's critically important that additional protections be put in place to ensure that information shared by study participants in a context of a research study be fully protected from subpoenas by out of state actors seeking to criminalize them for care they obtain that is legal in California.

  • Jennifer Chase

    Person

    Research is critical to understanding how people are obtaining the care they need and how barriers can access affect health outcomes. We are grateful to Assemblymember Bauer-Kahn for authoring AB 45, which provides additional legal protections for research data that are very much needed to ensure the privacy and confidentiality of study participants. Thank you. And I respectfully ask for your aye vote.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 45?

  • Unidentified Speaker

    Person

    [Unintelligible] on behalf of Planned Parenthood Affiliates of California Support.

  • Ash Kalra

    Legislator

    Thank you.

  • Unidentified Speaker

    Person

    [Unintelligible]

  • Ash Kalra

    Legislator

    Thank you.

  • Mark Farouk

    Person

    Mark Farouk on behalf of California Hospital Association.

  • Rebecca Bauer-Kahan

    Legislator

    Thanks.

  • Ash Kalra

    Legislator

    Thank you.

  • Rebecca Bauer-Kahan

    Legislator

    Was it on or no?

  • Ash Kalra

    Legislator

    Is there anyone else here in support? Is anyone here in opposition to AB 45?

  • Rebecca Bauer-Kahan

    Legislator

    There's a mic.

  • Alexandra Snyder

    Person

    Hi. My name is Alexandra Snyder and I'm here today on behalf of the Life Legal Defense Foundation to oppose AB 45. AB 45 is a direct assault on First Amendment rights. Its purpose is to silence constitutionally protected speech and shield abortion providers from accountability. The bill does not protect privacy. It punishes free speech.

  • Alexandra Snyder

    Person

    It penalizes the use of common technologies like geofencing to communicate offers of free medical care, housing, and material support to women considering abortion.

  • Alexandra Snyder

    Person

    Make no mistake, AB 45 is designed to ensure that the only message a woman hears about an, excuse me, that a woman hears near an abortion business is that abortion is the solution to an unplanned pregnancy. It intentionally cuts people off from other choices and services that are available to them. That is not protecting privacy.

  • Alexandra Snyder

    Person

    It is called viewpoint discrimination and is unconstitutional. AB 45 also gives abortion providers an unprecedented shield against public scrutiny. It imposes new massive penalties for using lawfully obtained information to document activities outside abortion clinics, even incidents as serious as women being transported away by ambulance.

  • Alexandra Snyder

    Person

    No other industry in California, not hospitals, not pharmacies, not surgical centers, is given this legal right to hide their activities from public view. AB 45 mandates harsh penalties for engaging in First Amendment speech, exposing ordinary citizens and advocacy groups to significant legal risks.

  • Alexandra Snyder

    Person

    It invites abusive lawsuits by authorizing civil actions without any real showing of harm, which chills free expression under constant threat of litigation. The First Amendment protects the right to speak, to advocate, to offer help, and to document what happens in public places.

  • Alexandra Snyder

    Person

    AB 45 violates these protections, and it does so in a way that uniquely benefits a single, politically favored industry at the expense of vulnerable women and the public good. I ask you, respectively, respectfully, to oppose AB 45.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in opposition to AB 45?

  • Elizabeth Figueroa

    Person

    Elizabeth Figueroa, on behalf of California Right to Life. I ask you to oppose AB 45.

  • Ash Kalra

    Legislator

    Thank you. Right. We'll bring it back to committee. Assemblymember Zbur.

  • Rick Chavez Zbur

    Legislator

    I want to move the bill and I'd love to be added as a co-author. This bill is really important in protecting vulnerable women at a time when they're most vulnerable. And so I just want to commend the author and thank the sponsors for bringing this bill.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Ash Kalra

    Legislator

    Assemblymember Harabedian.

  • John Harabedian

    Legislator

    Well said by Senator Zbur. I echo everything he just said. Thank you for bringing the bill. Please add me as a co-author. And I will second the motion.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you both.

  • Ash Kalra

    Legislator

    Further comment or question? Again, I also want to thank the author for her work in this space and would like to be added as a co-author. Would you like to close?

  • Rebecca Bauer-Kahan

    Legislator

    Yes. Thank you all. You're all welcome as co-authors, I respectfully ask for your aye vote.

  • Ash Kalra

    Legislator

    Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Right, we'll place that bill on call.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you.

  • Ash Kalra

    Legislator

    And up next, AB 302.

  • Rebecca Bauer-Kahan

    Legislator

    No, I was looking for the witness. Yeah, perfect. We'll keep going. Thank you, Mr. Chair.

  • Ash Kalra

    Legislator

    You now can officially finish your final two as we'll check in on other authors. So you know, you can let your other your next witnesses know that as well.

  • Rebecca Bauer-Kahan

    Legislator

    To present AB 302. This is a Bill that increases medical data protections and I want to thank the Committee staff and chair for their work and I accept Committee amendments. The intent of this Bill is to bring California medical privacy up to date to address new types of data sharing that we see.

  • Rebecca Bauer-Kahan

    Legislator

    You know, this Bill really was born out of a personal experience I had. I went into my children's pediatrician office and was asked to sign a consent form for the use of one of those listening medical devices that takes notes for the doctors. I want to start by saying I actually think those are great devices.

  • Rebecca Bauer-Kahan

    Legislator

    I think it allows the physician to be more one on one with the patient, not worry about note taking, which none of them went to medical school to be note takers.

  • Rebecca Bauer-Kahan

    Legislator

    And yet the consent form was asking me to consent to this data being recorded and then when handed over to third parties, including Amazon, amongst others, it would lose HIPAA protection. And I was shocked.

  • Rebecca Bauer-Kahan

    Legislator

    And as privacy chair, I know that HIPAA protections require that if you're going to train on the data that it De ident and anonymizes the data. So I didn't understand why anyone would want to take my HIPAA protections away because you can still under hipaa, use the data, but you protect the confidentiality of my child.

  • Rebecca Bauer-Kahan

    Legislator

    So I didn't sign it. I went to the Doctor and I told her what she was asking me. She was shocked. I went home, my husband said, zero shoot. I signed that last week. As will surprise nobody. I'm sure the vast majority of people just signed the consent form.

  • Rebecca Bauer-Kahan

    Legislator

    But I started to have conversations with different hospitals and what became clear was that the large hospital systems that have enormous buying power are able to negot that protect their patients privacy. I was at a smaller healthcare provider and when they went to negotiate the deal for this AI tool, they didn't have the same buying power.

  • Rebecca Bauer-Kahan

    Legislator

    And the AI company wanted the data to train on because as many of you know right now, in order to improve these large language models, they need data now. Again, they could use it as long as they protect my child's privacy. But that was not the deal on the table.

  • Rebecca Bauer-Kahan

    Legislator

    And so I started to move this Bill focusing on that. And we've worked closely with the Hospital Association on ensuring that we are moving in the direction of of getting for everybody the deals that those big hospitals have which protects their patients, which I think is in the best interest of all Californians.

  • Rebecca Bauer-Kahan

    Legislator

    And so with me today on this Bill is I'm going to get it right. Yadi Yancy from Oakland Privacy hello Chair Members.

  • Yadi Yance

    Person

    My name is Yadi Yance and I'm a legislative advocate with Oakland Privacy, a regional organization that advocates for safeguards and guardrails in the interest of privacy protection, civil rights and community consent.

  • Yadi Yance

    Person

    AB 302 makes an amendment to California Confidentially Confidentiality of Medical Information Act CMIA to express clearly in the statute that medical information is not to be disclosed pursuant to a court order, subpoena or warrant unless those legal demands are in compliance with the with current California law as created by the Legislator, the Bill language is dynamic and has ongoing responsiveness to the evolution of California State law in response to current and future events.

  • Yadi Yance

    Person

    Previous laws adopted by the Legislature and signed by the Governor touched on foreign or out of jurisdiction legal orders relating to reproductive health information, and current bills on the table this year extend such protections to gender affirming care. This Bill ensures that the language in the CMIA does not contradict those efforts and instead aligns with them.

  • Yadi Yance

    Person

    The second part of the Bill relates to the complex question of consumer consent. It is likely that many people don't want their medical information shared or used for marketing purposes or used to train AI models.

  • Yadi Yance

    Person

    However, it isn't clear that many of those people are also checking no on the relevant forms presented to them at their Doctor's or insurance company's office. People rightfully assume that if they do not sign consent forms that they are asked to sign the medical care that they want and need may be delayed.

  • Yadi Yance

    Person

    At a minimum, we should ensure that consent processes are maximally robust and that it is made clear to people when they are getting medical care that they do not have to grant consent and that their medical care will not be delayed or impaired if they withhold consent. For these reasons, we ask that you please support AB302.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 302.

  • Unidentified Speaker

    Person

    Advocacy representing privacy rights Clearinghouse in support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB302?

  • Unidentified Speaker

    Person

    Zero, I'm sorry. No, that was me, actually. I hit it. I apologize.

  • Dylan Hoffman

    Person

    Good afternoon, Chair, Members of the Committee, Dylan Hoffman, on behalf of TechNet. And if I'm following along on my bingo card, I think this is the last time you'll hear from me. We greatly appreciate the proposed amendments in the analysis and the work of the authority.

  • Dylan Hoffman

    Person

    As I understand it, our opposition is pretty narrow regarding this bill, but specifically concerned about the prohibition on authorizing the disclosure of patients own medical information for non treatment purposes.

  • Dylan Hoffman

    Person

    And while we share the goal of protecting sensitive health information, we are concerned that the bill would prevent Californians from voluntarily authorizing the use of their own medical information, even when doing so is fully informed, carefully regulated and intended to support their health and wellness.

  • Dylan Hoffman

    Person

    Under current law, disclosure of medical information is permitted only after meeting strict requirements under CMIA. Consistent with HIPAA. AB302 seems to override some of these protections. Eliminating a consumer's ability to consent even when doing so could improve their health, access to care and overall wellness.

  • Dylan Hoffman

    Person

    With that said, we do look forward to continuing dialogue with the author's office, but for these reasons, respectfully opposed at this time. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Anyone else here in opposition? The AB 302.

  • Yadi Yance

    Person

    Sorry, it's really crowded outside. I'm actually here neutral. The amendments removed our opposition. This is Claire Conlon with Biocom California.

  • Ash Kalra

    Legislator

    Thank you.

  • Mark Farouk

    Person

    Mark Farouk with the California Hospital Association. We've been opposed unless amended. The amendments go a significant long way to address our concerns. We're still awaiting Member feedback on those amendments. Appreciate the author, her staff, the Committee. Staff as well for the discussions and working with us. Thank you.

  • Ash Kalra

    Legislator

    Thank you. See, when the summit Member Bauer Karen says she's going to work with opposition, that's, you know, there we go. Although I think she may need an office with a big conference room somewhere in Silicon Valley. You can borrow my office if you'd like. For all these meetings that you have to convene.

  • Ash Kalra

    Legislator

    Is there any questions or comments from Members? As Senate Member Harabedian, thank you.

  • John Harabedian

    Legislator

    Again to the author. This is quite a day for you and incredible work. I'm happy to move the bill and support it. The only opposition point that stuck with me was the hospital Association, the voluntary ability to share your data under HIPAA. And I assume you will work that out. So happy to move and support. Thank you.

  • Ash Kalra

    Legislator

    Is there a second? And we have a second Assembly Member Zbur.

  • Rick Chavez Zbur

    Legislator

    I just want to align myself with Assembly Member Harabedian and, and make sure that we've addressed the hospital associations and Part of this was, I think recently since I've had some health issues, being very frustrated when hospitals could not transmit my medical information between two, even medical providers.

  • Rick Chavez Zbur

    Legislator

    And I ended up having to sort of run down and pick up CD discs like on the far end of the Valley and take it to another place downtown. So I want to make sure that the ability to transmit medical information is something that we.

  • Rick Chavez Zbur

    Legislator

    That's very carefully looked at and that we address the concerns that the Hospital Association has.

  • Unidentified Speaker

    Person

    Yeah. Mr. Chair. Yes. And as you heard, the hospital Association is still in conversations, hearing feedback, but I think we've mostly addressed their concerns, if not fully.

  • Unidentified Speaker

    Person

    But I will say that one of the reasons that we've been able to be so aligned with the Hospital Association is they spend a lot of time, money and effort protecting our privacy under HIPAA and cmia. And the goal of this is to make sure that is happening.

  • Unidentified Speaker

    Person

    And so the example you give all of those providers would continue to maintain your HIPAA protections. The question is, what happens when you leave that HIPAA cone, which by the way, Amazon is probably the largest cloud provider of our electronic medical records and knows how to protect things under HIPAA.

  • Unidentified Speaker

    Person

    So this instance, I guess they were just choosing not to. So, you know, making sure that, that HIPAA protections are maintained. And so the direction we're looking at going is just making sure it's that the consent you give is knowing. Unlike my partner. Thank you, now Vice Chair.

  • Diane Dixon

    Legislator

    Thank you, Mr. Chair. And thank you, Assembly Woman. I think you've got an important bill. I've had two examples in the last couple months as I've had some surgeries where I've given, was asked and provided my permission, for example, to use my. The doctors asked me to use my records for his further patient discussions.

  • Diane Dixon

    Legislator

    And I had no hesitancy about doing that. And then I also, many, all of us probably experience when we visit many different medical facilities the my chart. Okay, so I don't know the answer to this question.

  • Diane Dixon

    Legislator

    So when we have a Doctor and we are consenting that our medical information can be shared with another Doctor, if there are multiple doctors involved in a situation, is this going to complicate life?

  • Unidentified Speaker

    Person

    No, because that's all HIPAA protected. So that's all. When you share your medical information between physicians, it maintains your privacy protections under the health care laws. And that's what this is trying to do.

  • Diane Dixon

    Legislator

    And then thirdly, I'm concerned about the hospital Association. So I just look forward to this continuing to improve. Yes. Thank you.

  • Ash Kalra

    Legislator

    Thank you, thank you, thank you so much Some Member I can relate just last week was going crosstown to get some records for my dad to bring back to where he was.

  • Ash Kalra

    Legislator

    And it can be a lot and there's a reason that those burdensome for a reason and we want to make sure that we continue to protect and especially the. And I know that there's.

  • Ash Kalra

    Legislator

    There's protections in terms of selling data and what have you, but we want to be very cautious on the actual medical information that's very well protected. Would you like to close? Respectfully ask for your aye vote. Thank you.

  • Committee Secretary

    Person

    [Roll call]

  • Ash Kalra

    Legislator

    Okay, we'll place that bill on call.

  • Committee Secretary

    Person

    Thank you.

  • Ash Kalra

    Legislator

    Let me check both pages, make sure there's the last. Yeah. Okay, this is it, Mr.

  • Ash Kalra

    Legislator

    AB 1222.

  • Unidentified Speaker

    Person

    Chair.

  • Rebecca Bauer-Kahan

    Legislator

    Good afternoon, Chair and Assembly Members. I want to thank Committee staff again for their hard work on all my bills. As I get to close on the last of my many bills today, I'm proud to present AB 1222, which protects ratepayers by updating the judicial review process for CPUC decisions.

  • Rebecca Bauer-Kahan

    Legislator

    You know, as many of us, if not all of us, have heard, I get constituents calling my office about two things, predominantly insurance. I represent the wildland urban interface, so a lot of my constituents losing insurance and utility rates. Those are the two things I hear about every single day.

  • Rebecca Bauer-Kahan

    Legislator

    And so I started to, after years of sitting on the utility Committee, look at how is it possible that my constituents had six rate increases from PG&E in one year?

  • Rebecca Bauer-Kahan

    Legislator

    And what I started to realize was that there was this real lack of oversight by the judicial branch, that in other branches of other agencies under the Executive branch, you can go to court if you don't like what they do, and you can seek reasonable judicial review.

  • Rebecca Bauer-Kahan

    Legislator

    And I started to ask questions about why we don't do that more when we think what the PUC is approving is, frankly egregious. This Bill really targets the things we found in that investigation and helps to put reasonable checks on the Puc.

  • Rebecca Bauer-Kahan

    Legislator

    And part of why I think that is important is as a former litigator myself who was in a courtroom, I knew that my trial judge was behaving better because he knew he could be overturned on appeal, or she. Although I didn't have enough female judges in my time practicing because I've been out for a long time and that is what we want here.

  • Rebecca Bauer-Kahan

    Legislator

    We want the PUC to know that there is real judicial review so that when they make decisions, they are making them on the basis of the laws that we pass, the standards we set and that when rate increase happen, it happens because it is just and reasonable and it is not just to increase the profits of shareholders.

  • Rebecca Bauer-Kahan

    Legislator

    With me today in support of the Bill is Adria Tinnin, Director of Race Equity and Legislative Policy at turn.

  • Ash Kalra

    Legislator

    Thank you.

  • Adria Tinnin

    Person

    Yes, hello, thank you Chair and thank you Committee. My name's Adria Tinnin, Director of Race Equity and Legislative Policy at turn. The Utility Reform Network here in proud support this Bill would modify certain requirements governing the judicial review of decisions adopted by the CPUC.

  • Adria Tinnin

    Person

    The goal of these changes, as well stated, is to limit incentives for investor owned utilities or IOUS to challenge PUC decisions and apply additional scrutiny to last minute changes to proposed decisions made before they're adopted by the Commission.

  • Adria Tinnin

    Person

    It's unreasonable for ratepayers to cover costs attributable to IOU efforts to seek advantages for their shareholders through challenging the PUC process and PUC decisions. For example, PGE recently pursued state court challenges to the CPUC's 2023 decision to enforce oversight of the spending of $1.3 billion in ratepayer funded volumetric performance fees related to Diablo Canyon authorized by SB846.

  • Adria Tinnin

    Person

    All three IOUS have historically challenged various PUC decisions in both state and federal courts to advance interests of their shareholders. If IOU's want to challenge PUC decisions, these costs should be paid by shareholders rather than ratepayers.

  • Adria Tinnin

    Person

    AB 1222 would require these litigation costs to be separately tracked so they can be removed from any GRC forecast and excluded from rate recovery. This treatment is appropriate given ongoing conflicts between shareholder and ratepayer interests. IOUS can still challenge CPUC decisions, but ratepayers should not foot the Bill.

  • Adria Tinnin

    Person

    A second notable provision of this Bill would address concerns regarding significant last minute revisions to PUC proposed decisions made prior to final adoption.

  • Adria Tinnin

    Person

    In the event of a petition seeking judicial review, the new section would place the burden on the PUC to demonstrate that any significant revisions to the PD or proposed decision were required to comply with state or federal law.

  • Adria Tinnin

    Person

    This requirement is critical to ensuring any late changes that may be the product of lobbying efforts by the IOUS and are subjected to enhanced scrutiny by the courts.

  • Adria Tinnin

    Person

    Since there are no existing statutory provisions to PUC rules that prevent significant last minute changes to propose decisions, parties Cannot seek rehearing or judicial review on this Space is almost finished. Absent direction from the Legislature, the PUC has no reason to modify this problematic practice.

  • Adria Tinnin

    Person

    AB 1222 would establish a higher threshold for demonstrating that such changes are actually reasonable. We strongly urge an aye vote on this important Bill. Thank you.

  • Ash Kalra

    Legislator

    Thank you so much. Is there anyone else here in support of AB 1222? Is there anyone here in opposition to AB 1222? Okay. All right. So there's no further witnesses in support or opposition to AB 1222. Okay. Just give me a moment for folks to clear.

  • Rebecca Bauer-Kahan

    Legislator

    Yeah, it's funny. They may be in the maybe second. Committee, too, with Matt Ciu. Whoever Matt is. Our witnesses stuck in Committee. The IOUS might be there, too. We don't know where he is. Oh, yeah.

  • Ash Kalra

    Legislator

    Okay. So no further witnesses in support or opposition to AB 1222. Well, go ahead to the Committee Members. Any motions, questions? We have a motion. Do we have a second?

  • Rebecca Bauer-Kahan

    Legislator

    I'll second it.

  • Ash Kalra

    Legislator

    And we have a second. Can I second it? Can I? You can second it. You are on the Committee. You're still on the Committee. Okay, that's what I thought.

  • Rebecca Bauer-Kahan

    Legislator

    I'm just checking.

  • Ash Kalra

    Legislator

    Even though you've been at that table more than you've been up here, would you like to close.

  • Rebecca Bauer-Kahan

    Legislator

    Respectfully ask for your vote. And I did want to say. Which I didn't say in my opening remarks, but I think is important to note is Assembly Members and others that sit on utilities. There was questions asked about the standard in the Bill.

  • Rebecca Bauer-Kahan

    Legislator

    And we are working with this Committee and have committed to continuing to work with this Committee on that as we move forward. As we didn't have time to get that just right in the week.

  • Ash Kalra

    Legislator

    It was. It was a quick turnaround.

  • Rebecca Bauer-Kahan

    Legislator

    Absolutely. Thank you. With that respect I ask for your aye vote.

  • Committee Secretary

    Person

    Motions do pass to Appropriations [Roll Call]

  • Ash Kalra

    Legislator

    Okay, so we'll place that on call. Center of Valencia. That's item 26. And before the Assembly Member begins, I just want to. For the record, state we received notice from Assemblymember Addis that AB 1243 has been pulled from the agenda today. All right, Whenever you're ready.

  • Avelino Valencia

    Legislator

    Thank you, Mr. Chair. And we want to start as Members. I am accepting the Committee amendments described in the analysis. And I want to thank Allison for her work on this Bill. AB 1303 aims to increase participation in the California Lifeline program, specifying that a Social Security number is not needed to qualify.

  • Avelino Valencia

    Legislator

    The Bill would also protect program subscribers privacy by prohibiting the PUC from sharing any personal information with immigration enforcement without a court issued warrant or subpoena. I'd also like to add that undocumented Californians are not the only individuals who may not have have a Social Security number or benefit from this Bill.

  • Avelino Valencia

    Legislator

    Those fleeing domestic violence, experiencing identity theft or the unhoused may also not have a security Social Security number and may be deterred from applying to the program that even if even though they qualify Here to provide testimony with me is Adria Tinnin, Director of Race Equity and Legislative Policy at turn thank you,

  • Adria Tinnin

    Person

    Thank You Chair thank you Committee in 2014, the CPUC issued a decision that Social Security numbers are no longer needed for the California Lifeline program. It's actually returned to the original rules of the program. However, the Commission has not implemented this decision to date, meaning eligible people are being denied access to the program.

  • Adria Tinnin

    Person

    And because Lifeline is funded through surcharges on California phone lines and uses no state dollars, it's likely that many otherwise eligible people have paid to Fund the Lifeline program but are prevented from enrolling in it. Furthermore, existing protections for subscriber information have exceptions that could leave customer data vulnerable to inappropriate access by federal immigration enforcement agencies.

  • Adria Tinnin

    Person

    AB 1303 offers a thoughtful solution to these problems. First, it makes clear that Social Security numbers are not required for Lifeline but are still encouraged to align with the federal program. Second, it protects access to federal Lifeline funding for people with Social Security numbers, which reduces the cost to California Lifeline.

  • Adria Tinnin

    Person

    Third, the Bill protects subscriber data from inappropriate sharing with immigration enforcement by requiring agencies to obtain a judiciary warrant or court subpoena.

  • Adria Tinnin

    Person

    Lastly, this makes such changes to California Lifeline compliant with the federal Personal Responsibility and Work Opportunity Reconciliation act of 1996 to the extent that it applies, though whether it applies is a bit unclear because again, this program does not use tax dollars.

  • Adria Tinnin

    Person

    AB 1303 enables a diversity of vulnerable populations to access essential communications service at an affordable rate.

  • Adria Tinnin

    Person

    As mentioned, people fleeing domestic violence, people who are unhoused, or victims of identity theft are all populations without access to Social Security numbers and in the case of identity theft, may not have a number at all as a new one is required to be issued to them.

  • Adria Tinnin

    Person

    Furthermore, increasing access to essential communication services improves economic development, civic engagement, and enables people to call 911 and receive emergency notifications like evacuation instructions. Access to communication services benefits everyone and can actually save lives. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1303.

  • Becca Cramer Mowder

    Person

    Thank you. Becca Cramer-Mowder, still with Kaiser Advocacy on behalf of Electronic Frontier Foundation, in support. Thank you.

  • Yadi Yance

    Person

    Yadi Yance, on behalf of Media Alliance, in support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1303? We'll bring it back to Committee. Any questions, comments, motions? We have a motion from Assemblymember Zbur, seconded by Assemblymember Pacheco, thank you for bringing this forward. Assembly Valencia, would you like to close?

  • Avelino Valencia

    Legislator

    Thank you. Mr. Chair would just like to close by saying that it's a Latino caucus priority Bill and I respectfully ask for yes vote.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, we'll place that on call. Thank you. Vote change. Vice Chair Dixon. Put your microphone on if you like.

  • Diane Dixon

    Legislator

    Oh, I'm sorry.

  • Ash Kalra

    Legislator

    No problem.

  • Diane Dixon

    Legislator

    AB 54 from. What did I do? Aye to not voting.

  • Committee Secretary

    Person

    AB 54. Dixon. Aye to not voting.

  • Diane Dixon

    Legislator

    And AB 62. What did I do on that?

  • Committee Secretary

    Person

    You were not voting.

  • Diane Dixon

    Legislator

    Okay. All right. AB 49. What did I do on that? No. I'll leave it a no. Okay.

  • Ash Kalra

    Legislator

    We can do add-ons on the consent calendar, please.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, move the call on item one. AB 7. Bryan.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, that bill is out. Item two. Or actually, is everybody here? Yeah, we just did that one. Right. So item three. AB 49. Muratsuchi. I'll move the call on item three. AB 49. Muratsuchi.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Put it back on call. Add-ons. Add-ons for item four. AB 54. Aguiar-Curry.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Yeah, that's correct. The AB 54. And then item five. AB62 will move the call. That's McKinnor. AB 62. McKinnor will move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, we'll replace the call at least one more vote. We'll move. We'll ask you for add-ons on item six. AB 82. Ward.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Item seven. AB 246. Bryan. Add-ons.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, item. We'll move the call on item eight. AB 3. Oh, no, we just did that one. So everyone was here. No one missing is here. Okay. Item nine. AB 408. Berman. Move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    And the bill is out. We'll keep the roll open for any add ons. Item 10. AB 611. Lee. Move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    We'll place the call. Item 11. AB 635. Ahrens. We'll move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That bill is out. Item 12. AB 742. Elhawary. We'll move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That bill is out. Item 13. AB 839. Rubio. We'll move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That bill is out. Item 14, add-ons. AB 853. Wicks.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Item 16. AB 973. Hoover. We'll move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Yes. Hoover. AB 973. 16. We'll put that back on call. Item 18. AB 1018. Bauer-Kahan. We will move the call. We have.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Put that back on call. Item 19, AB 1025. Pellerin. We'll move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Put that back on call. Item 20 will move. Elhawary will move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That bill is out. Add-ons for item 21. AB 1043. Wicks.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Okay, item 22. AB 1137. Krell for add-ons.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    Item AB 1197. We'll move the Calderon. We'll move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That bill is out. Item AB 1222. Bauer-Kahan. Move the call.

  • Committee Secretary

    Person

    I think everybody's voted on.

  • Ash Kalra

    Legislator

    Okay. Oh, everyone. They're here. Okay, so we'll move on from that for a moment. And everyone was here for Valencia. That's in the room. Correct. And so item 27, AB 1355. Ward, move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    We'll put it back on call. Item AB 1375. Hoover. Move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That bill is out. Oh yeah, it does. AB 56. We'll move the. Bauer-Kahan. We'll move the call.

  • Diane Dixon

    Legislator

    56?

  • Ash Kalra

    Legislator

    56. Bauer-Kahan.

  • Diane Dixon

    Legislator

    Where is 56? Oh, it's down. Is it down here?

  • Ash Kalra

    Legislator

    It's item 30. Sorry.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    AB 56. Item 30. Bauer-Kahan. That bill is out. Item 31. AB 1064. Bauer-Kahan. Move the call.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    No, it's 1064. Item 31. Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That bill is out. Okay, so.

  • Avelino Valencia

    Legislator

    That was taken out. That was. That was cold. Cold. Yeah.

  • Ash Kalra

    Legislator

    Okay, we need.

  • Diane Dixon

    Legislator

    Have I done. Have you done all of them? 15, 16, and 17. Have I. Or did I just.

  • Unidentified Speaker

    Person

    We haven't. We haven't heard 15 or 17.

  • Diane Dixon

    Legislator

    Oh, all right. Those are the two we're waiting for. Oh, 16 I voted yes on. Yeah, so 15. Irwin.

  • Unidentified Speaker

    Person

    Yeah, we haven't done item 15 or 17. Okay. And also item 29. So we're waiting for three hours.

  • Diane Dixon

    Legislator

    All right. Well, at least we don't have that other one. Oh, my gosh. We would have been here all night. There are a thousand people lined up. Did you know that? Down the street. Did you see him?

  • Avelino Valencia

    Legislator

    Yes.

  • Unidentified Speaker

    Person

    Is that item 19?

  • Unidentified Speaker

    Person

    On which. We had you. We had you as an aye.

  • Diane Dixon

    Legislator

    Where?

  • Ash Kalra

    Legislator

    Papan is lurking. Is that what I understand, a Papan sighting. Okay, so whenever you're ready. Item 29, AB 1413.

  • Diane Papan

    Legislator

    All righty. Well, my notes started with good morning, so good afternoon. So this bill is about ensuring that the hard work of local groundwater sustainability agencies, called GSAs, is not undone by redundant and expensive litigation. The question at hand, as laid out so eloquently in the analysis, is a simple but critical one.

  • Unidentified Speaker

    Person

    All right.

  • Diane Papan

    Legislator

    Should a sustainable yield determination, which is a term of art, sustainable yield determination, kind of the size of the pie, if you will, in this discussion, which has been validated in accordance with law, continue to serve as the sustainable yield of a groundwater basin if the basin is later subjected to a comprehensive adjudication proceeding to determine water rights?

  • Diane Papan

    Legislator

    That is your size of the size of your slice of the pie, if you will. So this question strikes at the core of how we manage California's groundwater. The current system allows litigants to challenge a sustainable yield determination even after it's been thoroughly validated and is based on solid scientific data.

  • Diane Papan

    Legislator

    The status quo is creating inefficiency, confusion and unnecessarily delays. The Sustainable Groundwater Management act, or sgma, requires local groundwater sustainability agencies to adopt ground groundwater sustainability plants.

  • Diane Papan

    Legislator

    The critical function of the GSP is to is the selection of a sustainable yield for a groundwater basin, essentially the amount of groundwater that can be safely pumped on an annual basis without risking an undesirable result. The sustainable yield is not a vague estimate. It is scientifically determined.

  • Diane Papan

    Legislator

    It is a scientifically determined figure based on a rigorous assessment of the basin's hydrology, water quality, water quality and projected demand. Experts use detailed modeling, comprehensive data collection and long term projections to calculate the yield. It's important to note that AB14 is not about adjudicating water rights directly.

  • Diane Papan

    Legislator

    The bill does not interfere with the adjudication process or decide who gets what share of groundwater rights. The adjudication process remains in the hands of the courts where judges have the authority to make determinations about water rights allocations based on established law. AB 141413 separates the two processes.

  • Diane Papan

    Legislator

    It ensures that once a sustainable yield has been validated, thereby providing certainty in preventing redundant excuse me, has been validated. It becomes the foundation for adjudications, thereby providing certainty and preventing redundant legal battles over technical scientific determinations. This bill simply perverts preserves the integrity of the GSP while respecting the court's role in adjudicating water rights.

  • Diane Papan

    Legislator

    In sum, AB14 13 answers the aforementioned question decisively, ensuring that once a sustainable Yield is established and validated. It's upheld as the foundation for then adjudicating the water rights.

  • Diane Papan

    Legislator

    The slice of the piece, the opposition has provided a set of amendments and now that I am recovered from the worst flu of my life, I look forward to engaging with them as we move through the process.

  • Diane Papan

    Legislator

    I have with me this afternoon Kyle Blades, Council Member from the City of Richcrest, and Ryan Ojakian, Legislative and Regulatory Affairs Manager with Regional Water Authority here to testify in support. Thank you. You want to go first, Ryan? Sure. Who's going first? I don't care.

  • Kyle Blades

    Person

    Okay, you know what? I'll go ahead and go. Please. Yeah, why not? Chairman and Members of the Committee, I'm Councilmember Kyle Blades of the City of Richcrest in Kern County and I serve as a board member of the Indian Wells Valley Groundwater Authority.

  • Kyle Blades

    Person

    The basin has been involved in a groundwater adjudication for nearly five years and is in the first phase of trial. Like the other four basins involved in groundwater adjudications, we are designated as a critically overdrafted basin by the state and have a state approved groundwater sustainability plan.

  • Kyle Blades

    Person

    Litigants in our adjudication have directly requested the judge overturn the GSP's sustainable yield determination. In addition, they have requested the court throw out the sustainability measures contained in the GSP and implement a different physical solution through the adjudication.

  • Kyle Blades

    Person

    This is despite existing statute that specifically prohibits the court from substantially impairing the Groundwater Sustainability Agency to comply with SGMA and achieve sustainability. The judge in our case has recognized the difficulty in reconciling the quest of the litigants with the requirement to not substantially impair sustainability. He has indicated statutes lack the clarity to resolve the issue.

  • Kyle Blades

    Person

    AB 1413 provides the clarity of process and preserves the existing statutes requirements to not substantially impair while allowing the court to fairly determine the water rights of the parties through the adjudication process. I ask you to vote in favor of AB 1413. Thank you for hearing me today.

  • Ryan Ojakian

    Person

    Thank you. Thank you. Good afternoon, Chair Kalra and Members, my name is Ryan Ojakian. I'm with the Regional Water Authority. Thanks again for the opportunity to address the Committee. RWA is a joint powers Association comprised of 22 local public agencies that serve 2.2 million people in the Greater Sacramento area.

  • Ryan Ojakian

    Person

    Our mission is to improve our Members ability to reliably provide high quality water at the lowest possible cost. Said a different way. It's to advance the achievement of the human right to water. Our biggest challenge to that is climate change.

  • Ryan Ojakian

    Person

    Our biggest opportunity for solution is improved groundwater Management, the Sustainable Groundwater Management Act, SGMA and planning and implementation of it are key to improving groundwater management. AB 1413 advances SGMA by creating stability where the courts have created instability. The central question, as you've heard, is whether we create a solid foundation or instability.

  • Ryan Ojakian

    Person

    And that comes down to should it be a local agency determining the size of the pie with scientific experts or a Superior Court judge? I think the Assembly Members rarely really laid out the difference between this issue and adjudicating groundwater rights. So I will say that RWA supports the bill and we agree with the analysis.

  • Ryan Ojakian

    Person

    Apologies for this paraphrase where it says the question is, do we want scientific experts making this decision? Is it more appropriate or a Superior Court judge who is not a scientific or subject matter expert?

  • Ryan Ojakian

    Person

    Now that science is the foundation of the work that we do and if anybody can come along and start the process over through an adjudication, all of our planning, investment and adaptation work for the last decade could be lost. Now AB 1413 prevents that from happening. And that's why we're in support today.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB 1413?

  • Abraham Mendoza

    Person

    Abraham Mendoza, on behalf of the Community Water Center Leadership Council for Justice and Accountability and Clean Water Action. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Matthew Baker

    Person

    Good afternoon, Chair and Assembly Members. Matthew Baker, Policy Director for Planning Conservation League in Support. Thank you. Do you have another.

  • Matthew Baker

    Person

    Organization?

  • Kyle Blades

    Person

    Do you have anything else?

  • Phil Hall

    Person

    Yes, sir. I'm Phil Hall, Deputy County Council. I'm here for the GA. I am Co-General Counsel for the GA and can answer any questions you might have.

  • Ash Kalra

    Legislator

    zero, thank you. Thank you so much. Is there anyone here in opposition to AB 1413?

  • Chris Anderson

    Person

    Good afternoon, Chair and Members. Chris Anderson, on behalf of the California Chamber of Commerce, respectfully opposed unless amended. So I want to start with where I believe there is agreement between both the sides.

  • Chris Anderson

    Person

    We both believe that courts should not throw out or disregard sustainable yield determinations when those are made based on the best available science and the data has been transparent. If that's the case, courts can and should rely on those in an adjudication.

  • Chris Anderson

    Person

    The issue that we as the opposition are trying to address is what to do when the data supporting that determination is flawed or there was a lack of transparency in the GSP process for many reasons. A validation action is an insufficient replacement for an adjudication.

  • Chris Anderson

    Person

    It doesn't afford the same due process because the review is limited to the administrative record. It doesn't allow parties to introduce evidence or cross examine witnesses, and the courts give deference to the agency's decision. This bill limits meaningful judicial review and turns a gsp, which is a planning document, into something that it wasn't intended to be.

  • Chris Anderson

    Person

    The approach in this bill does risk fundamentally changing SGMA in a way that could spark waves of litigation and impair the state's ability to achieve sustainable groundwater management. This bill would cave GSPs into essentially an adjudication, making this process more controversial, more expensive, longer and more difficult.

  • Chris Anderson

    Person

    But like I said, we share the author's goal of harmonizing SGMA and adjudications. That is why we have shared comprehensive amendments that would avoid meritless safe yield trials unless evidence suggests that the data is flawed or there is a lack of transparency.

  • Chris Anderson

    Person

    And most importantly, the evaluation of whether the sustainable yield should control an adjudication would take place in the adjudication, not a validation action. So we believe that these amendments would address the concerns motivating this bill without its unintended consequences. We look forward to working with the authority. Thank you.

  • Brenda Bass

    Person

    Good afternoon, Chair and Members. I am Brenda Bass of KP Public Affairs here on behalf of Indian Wells Valley Water District and Searles Valley Minerals, who are both opposed unless amended to AB 1413.

  • Brenda Bass

    Person

    As you've heard, we've proposed amendments that fulfill this bill's goal of improving the interaction between SGMA and adjudications while protecting property rights and due process. By way of background, the District serves a population of about 30,000 in the Ridgecrest area, many of whom are retired veterans.

  • Brenda Bass

    Person

    In addition to being one of the largest employers in the area, Searles also provides the sole source of drinking water to about 1,800 people in the disadvantaged communities of Trona. These areas are groundwater dependent. There is no other source of water, so we are fully aware of how essential sustainable groundwater management is.

  • Brenda Bass

    Person

    The District and Searles are both currently in a comprehensive groundwater adjudication. This adjudication was filed as a measure of last resort in order to protect the districts and SBMs due process rights and property rights to groundwater. In an ideal world, the GSP process would have protected these interests, but that was not the case in their basin.

  • Brenda Bass

    Person

    Rather, the GSA took actions that would result in extreme increases of water rights and in contravention of SGMA's express language, determine water rights. Merely challenging a GSP would not have adequately protected these rights and interests.

  • Brenda Bass

    Person

    We're concerned that the bill's current language locks in sustainable yield, which is developed as part of a planning process and that would operate as a safe yield in an adjudication. Without taking into consideration the best available science that ultimately converts the planning document into a determination of a key part of the property right.

  • Brenda Bass

    Person

    A writ action, like a validation action, is just not a sufficient replacement for the due process that's afforded by a groundwater adjudication for many reasons, including that a validation action doesn't bring in all parties that may be affected by basin management.

  • Brenda Bass

    Person

    And for that, we are looking forward to hopefully resolving our concerns as we discuss the amendments further with the offer.

  • Ash Kalra

    Legislator

    Thank you. Anyone else here in opposition to AB 1413?

  • Sean Valak

    Person

    Good afternoon. Sean Valak with California Association of Realtors. Respectfully ask for your no vote.

  • Gail Dillahant

    Person

    Gail Dillahant with Western Growers. We grow fresh produce throughout all of California and we thank the author for entertaining our amendments and look forward to the discussion. We are opposed unless amended.

  • Clifton Wilson

    Person

    Thank you. Clifton Wilson, on behalf of the South San Joaquin Irrigation District with the current position of opposing unless amended. But we look forward to conversations. Thank you.

  • Alex Berry

    Person

    Alex Berry and California Farm Bureau. Opposed unless amended. Thank you.

  • Ash Kalra

    Legislator

    Thank you.

  • Kristen Kate

    Person

    Hello, Mr. Chair. Members. Kristen Olsen Kate, with California Strategies here on behalf of United Water Conservation District. Opposed unless amended.

  • Ash Kalra

    Legislator

    Thank you.

  • Andrea Abergel

    Person

    Hello. Good afternoon. Andrea Abergel with the California Municipal Utilities Association. Opposed unless amended. Thank you.

  • Julia Hall

    Person

    Julia Hall with the Association of California Water Agencies. Opposed unless amended. Thank you.

  • Ash Kalra

    Legislator

    Thank you. We'll bring it back to Committee for any questions, comments or motions. Assemblymember Harabedian.

  • John Harabedian

    Legislator

    Thank you, Mr. Chair. Thank you. To the author. As a local elected official for eight years, the number one issue that we dealt with in my city was groundwater and adjudication. So I lived it for many years, and we went to battle numerous times with other agencies and cities over groundwater and sustainability and yield.

  • John Harabedian

    Legislator

    And that was during a different Administration when we had huge problems and droughts. And all that is to say is that I've lived this on the ground and I appreciate what you're trying to do, and I'm going to support it today.

  • John Harabedian

    Legislator

    I do heed some of the concerns that the opposition is bringing because I do think that these are complicated matters. I'm not sure agencies should be involved in the final decision, and I do think that there needs to be some sort of review.

  • John Harabedian

    Legislator

    And I know you're going to work that out with the opposition, and I know that you're going to continue to work the bill.

  • John Harabedian

    Legislator

    But I do think that these types of decisions, the finality, should be subject to some sort of, and I know that they are some sort of judicial review that is satisfactory for all those agencies and locales involved in the decision. And so I do think that these are Complicated decisions. And the bill will get worked out.

  • John Harabedian

    Legislator

    I'm very confident. And. But I will just say that, you know, this is something that's quite personal to me from where I'm from, and there's some PTSD from me for me having dealt with groundwater adjudication. And I appreciate what you're doing. Happy to support it today. Thanks.

  • Ash Kalra

    Legislator

    Thank you, Senator Macedo.

  • Alexandra Macedo

    Legislator

    I just want to give the author my compliments because the last time I saw this bill, this conversation was not nearly as cordial. And so I appreciate that you've engaged. I don't think we're quite there yet for me to be able to support this bill, but I see that you're working hard to get there.

  • Alexandra Macedo

    Legislator

    So I look forward to you working with those that are opposed. Unless amended and maybe on the floor, I would be able to. But thank you for all the hard work that you've put into this.

  • Blanca Pacheco

    Legislator

    Senator Pacheco, thank you to the author. Thank you for dealing with such a complex issue. I'm happy to see that we have opposed and let's amended positions here. It looks like you've been working really hard on this bill. I do have concerns about this bill. I see that the two people that are opposed here aren't adamantly opposed.

  • Blanca Pacheco

    Legislator

    And so that does give me hope. And so I will be supporting your bill today, but I do Reserve my vote for the floor. And I thank again the author. This is a very complex area and I commend you for going into this area. And again, happy to support today. Thank you.

  • Ash Kalra

    Legislator

    Do we have a motion? And second, a motion and a second. You know what that saying is, Whiskey is for drinking water is for fighting over, which is misattributed, by the way, to Mark Twain, although it sounds like something he would say. Would you like to close?

  • Diane Papan

    Legislator

    Well, first of all, I want to thank the Committee. I want to thank the Committee staff for such a wonderful history about groundwater in the report, as well as really narrowing down what the issue is here. And we will certainly work with the opposition, rest assured.

  • Diane Papan

    Legislator

    But I want you to know we also feel very comfortable that there is plenty of opportunity to go to court about the sustainable yield. So we'll continue to work together on it. You're right.

  • Diane Papan

    Legislator

    It's a complex subject and the goal is a noble one, that we all want to make sure that groundwater sustainability, it was an incredible piece of legislation to come up with the state Groundwater Management Plan or act.

  • Diane Papan

    Legislator

    And this is just one final tweak because what we're seeing is, folks, as assemblymember Haravinian, so articulately pointed out end up to be constantly rehashing and rehashing. At some point we need some finality and then everyone can live within those confines. So with that, I respectfully request and I vote and we will continue to work together.

  • Committee Secretary

    Person

    [Roll call]

  • Ash Kalra

    Legislator

    All right, that bill is out. If we can, I'd ask Members to stick around because we're on our final two bills of a journey that began over eight hours ago. Assembly Member. Assembly Member Irwin. Item 15. Sorry, it's a file item order. Mr.

  • Unidentified Speaker

    Person

    Budget Chair, I know that you follow.

  • Ash Kalra

    Legislator

    You're about the rules, right?

  • Jacqui Irwin

    Legislator

    Good afternoon, Chair Members. I'm pleased to present AB 932, which would increase access and equity for girls and youth athletics. Current law prevents gender based discrimination by counties and special districts at school and park facilities.

  • Jacqui Irwin

    Legislator

    Title IX in California law prohibits local education agencies from gender based discrimination of their own interscholastic teen. However, there is no existing California law that ensures that local educational agencies that rent out their spaces to third party youth sports clubs must do so on an equitable basis with respect to gender.

  • Jacqui Irwin

    Legislator

    This loophole created a pathway for continued gender based discrimination. Many young women participate in club sports because their preferred sport is not offered until middle or high school or because they're hoping to play at a collegiate or professional level.

  • Jacqui Irwin

    Legislator

    As we prepare for the 28, 2028 LA Olympics, it is imperative that we ensure gender equity for all of our Olympic hopefuls.

  • Jacqui Irwin

    Legislator

    In California, laws like these provide protection to clubs that face discrimination, such as the Davis Youth Softball Association, which settled with the City of Davis after allegations that the girls softball team was being charged for field use and electricity fields while the boys baseball organization was accessing their field for a dollar and enjoying shaded dugouts, water fountains and other amenities.

  • Jacqui Irwin

    Legislator

    AB932 would close that loophole. And this Bill is not about who can play on the field. It's about whether there's a field for our athletes to play on at all. We have two witnesses. Dave Shapiro, father and coach of the Davis Storm Girls Basketball Club.

  • Jacqui Irwin

    Legislator

    And he's going to be testifying about some of the obstacles he's seen as A coach of over 90 athletes and Mitch Seigert from CFT.

  • Ash Kalra

    Legislator

    Thank you. We have a motion and a second.

  • David Shapiro

    Person

    Good afternoon Mr. Chairman, Members of the Committee. I'm here on behalf of Davis Storm Girls Basketball which my wife and I co founded and lead. And I have the opportunity to coach our seventh grade girls team. I'm also the father of two multi sport athlete daughters, one of which participates in our program.

  • David Shapiro

    Person

    The last hat I wear is. I'm also the Chief of Staff of the California Department of Education and so I'm also here representing Superintendent of Public Instruction Tony Thurmond in support of the Bill as well.

  • David Shapiro

    Person

    I would have brought my daughters with me today but they would have joined but of course you know Ada, so they got attend schools earned funding. So I wasn't able to bring maybe on the Senate side. I want to thank the author Irwin for her leadership on this important issue.

  • David Shapiro

    Person

    It may seem like a small niche issue, but it's a huge impact on the female athletes across our state that are otherwise not afforded these opportunities. I'm just gonna give you an example.

  • David Shapiro

    Person

    In our school district, Davis Joint Unified School District, they operate on a first come first serve reservation system which is the system used by many districts across the state. And when you have that, whoever has the fastest fingers gets the gym time.

  • David Shapiro

    Person

    And so what that resulted in as an example last week, in our school district of all of the basketball clubs, there are three boys clubs and I run the one girls club of all of those teams. The boys teams had over 30 hours of practice time, whereas the girls team had 6 hours of practice time.

  • David Shapiro

    Person

    Now you might be thinking to yourself, well the boys probably just have more players. They don't. We actually have more girls in our one program than all of the boys teams combined in our city. So I had six teams sharing six hours of practice time, which I think we'd all agree is unfair.

  • David Shapiro

    Person

    So what this Bill would do is it would take excellent existing law. Darrell Steinberg, Cecilia Aguilar Curry ran great bills that addressed this problem for school sponsored athletic activities and also addressed it for cities and counties running out their space.

  • David Shapiro

    Person

    They just left a donut hole in the middle where schools running out their space don't have to do it on an equitable, equitable basis. This Bill would close that donut hole and would appreciate your support.

  • Mitch Steiger

    Person

    Thank you, Mr. Chair, Members and staff, Mitch Steiger with CFT Union of Educators and Classified Professionals, also in support of the Bill. For all the reasons stated so well by the author and previous witness. We would also just really emphasize the many benefits of participation in sports that were also touched on in the analysis.

  • Mitch Steiger

    Person

    From physical health to mental health to improved academic achievement, better emotional regulation, better social function down the line. There are all sorts of different ways that being in sports helps students do everything that they want to do in life. And this is one of those loopholes.

  • Mitch Steiger

    Person

    When you find out about it, you're like, why wasn't this closed a long time ago? So we definitely do need to do this because without that, we are really relegating roughly half of all of our students to a world where they don't enjoy equal access to those benefits.

  • Mitch Steiger

    Person

    And so this Bill corrects that long standing deficiency and we strongly urge your support.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone else here in support of AB932?

  • Molly Maula

    Person

    Hi, Molly Maula, on behalf of Planned Parenthood Affiliates of California there in support. Thank you.

  • Ash Kalra

    Legislator

    Anyone here in opposition to AB 932? Right. Bring it back to Committee. Questions? Comments, Assembly Members Zbur. Assembly Member Macedo.

  • Alexandra Macedo

    Legislator

    So I love the intention of this Bill. I really do. The questions I have, was there existing law that was already used to prevent something like this from happening? Because I shared that there's like a maybe a missing piece. But is there existing law currently there?

  • Jacqui Irwin

    Legislator

    So there are. The school cannot discriminate between boys and girls. And park districts cannot discriminate between boys and girls when they are renting out facilities. But the loophole is that schools when they're renting out to park clubs can. There is no protection for women's sports. So this is just a loophole. The one. The one.

  • Jacqui Irwin

    Legislator

    And I can show you the chart. There's just one section that girls. Where girls are not allowed equal access. And so we're filling that loophole. And I really have to thank David. I would have had no idea. This is not some, you know, this is not really a sponsored Bill.

  • Jacqui Irwin

    Legislator

    This is something that he came up to me with that was really a problem that girls are not allowed to equal access in club sports. And for me being a club athlete, for my daughter being a club athlete, we want to make sure that they have equal access to school facilities.

  • Alexandra Macedo

    Legislator

    So like your intramural sports wouldn't have these protections, but your school sports teams would have these protections. So you're just bridging that gap. Yes, exactly. Okay.

  • Jacqui Irwin

    Legislator

    School sports teams have them, but the club sports. So club swimming, for instance, wouldn't have the protection.

  • Alexandra Macedo

    Legislator

    That seems. That's crazy. But I'm happy to hear that. My question is, are there any concerns with opening floodgates for litigation associated with this, that maybe it's not even just like girls club sports, that maybe it's just girls clubs or things like that. Listen, I'm just trying to understand. This is from a place of respect, I promise.

  • David Shapiro

    Person

    Appreciate the question, Assembly Member. And I can just tell you, this law, as the author mentioned, already exists for club sports at cities and counties. Right. If they're renting out space at cities and counties. The Davis U. Softball settlement agreement that was mentioned earlier, I was actually on the board of Davis U Softball and helped negotiate that settlement agreement.

  • David Shapiro

    Person

    Most of these cases stay out of court because the moment the girls club brings the issue to the city and says, hey, you know, there's this law out there, you have to offer this equitably, they say, Oh, we should solve that problem. And so they negotiated settlement agreements and now it's fair.

  • David Shapiro

    Person

    So it almost never results in litigation because if the law is clear, then the political jurisdictions are going to create settlement agreements with these clubs and make sure that girls have equity.

  • Alexandra Macedo

    Legislator

    Okay, I will be supporting the Bill today.

  • Ash Kalra

    Legislator

    Thank you, Assembly Member Pacheco.

  • Blanca Pacheco

    Legislator

    I want to thank the author for bringing this Bill forward. It only makes sense for you to carry it since you are an athlete. So I would love to be added as a co author as well.

  • Jacqui Irwin

    Legislator

    Thank you Assemblymember. We will add you.

  • Ash Kalra

    Legislator

    Thank you Assemblymember Harabedian.

  • John Harabedian

    Legislator

    Thank you. Thank you to the author and thank you Mr. Shapiro for being here. Quick question. I think the Bill is a good one. Happy to support it. Does it solve the issue that you're dealing with though? I mean obviously the discrimination language makes all the sense in the world and I'm glad that we're closing loophole.

  • John Harabedian

    Legislator

    Would it solve the problem of the quickest, I mean technically is that system where the first team gets to sign up and get the space. Does this Bill actually solve it? You could argue no because it's still not discriminating based on gender and it's allowing for a first come first serve, which does seem problematic. So you might need another Bill to actually solve that problem.

  • David Shapiro

    Person

    You know something, I appreciate the question. So the Bill would function the same way that Title IX functions, which is it's about the outcome. The outcome has to be equitable regardless of what the process is. And so if the process is resulting in an inequitable outcome, then they have to change the process.

  • Catherine Stefani

    Legislator

    Just as a mother of a very sporty 15 year old daughter, I'd like to be added as a co author as well. Thank You.

  • John Harabedian

    Legislator

    Same with me. Thank you. Thank you. I'd like to be added as.

  • Ash Kalra

    Legislator

    I'd like to be added.

  • Jacqui Irwin

    Legislator

    Do you have a sporty 15 year old daughter too?

  • John Harabedian

    Legislator

    I have sporty boys 10, 6, and 4.

  • Ash Kalra

    Legislator

    I'd like to be added as a co author as well. Would you like to close?

  • Jacqui Irwin

    Legislator

    All right, just.

  • Ash Kalra

    Legislator

    Oh, another co author. All right, here we go.

  • Jacqui Irwin

    Legislator

    Oh, boy. We have riches. And co authors. Thank you very much and respectfully ask for your aye vote.

  • Ash Kalra

    Legislator

    Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    All right, that Bill is out. We're on to our final piece of legislation for the day. Our esteemed colleague, Jesse Gabriel. Whenever you're ready. We have a motion and a second on the table. It looks like there was. You're supposed to follow the chair's attire, but you didn't get the memo. So apparently you got some kind of memo.

  • Jesse Gabriel

    Legislator

    Isaac got the memo. All right, thank you, Mr. Chair and colleagues. I'll be brief because I know it's been a long hearing. Please today to present AB1002, a measure that will protect workers from serious and repeated wage theft violations.

  • Jesse Gabriel

    Legislator

    Most importantly, this Bill gives the California Department of Justice, in cooperation with the contractor State Licensing Board, the authority to pursue contractor life suspensions or revocations in the most serious cases of repeated wage theft. Preventing wage theft is key to protecting the economic security and dignity of California workers.

  • Jesse Gabriel

    Legislator

    Unfortunately, the current regulatory system provides insufficient deterrence for some repeat offenders. This Bill would allow the California Department of Justice, an agency with wage theft and labor code expertise, to. To coordinate accountability measures when labor violations rise to an egregious level.

  • Jesse Gabriel

    Legislator

    This Bill will hold bad actors accountable, protect our workers and level the playing field for honest contractors. It is supported by a coalition of labor organizations including the State Building Construction Trades Council, legal aid groups, worker advocates, and is sponsored by Attorney General Rob Bonta.

  • Jesse Gabriel

    Legislator

    I'm very pleased to have with me today to testify in support of this Bill. Evan Akrion, Special Assistant Attorney General here on behalf of the California Department of Justice and Vince Sugru here on behalf of Sheet Metal Workers Local 104. Thank you and respectfully request and I vote.

  • Evan Ackiron

    Person

    Thank you. Thank you. Assemblymember. Good afternoon, Mr. Chair and Honorable Members of the Committee. I will also be short. I appreciate the opportunity to discuss AB1002 on behalf of the sponsor, my Boss, Attorney General Rob Bonta.

  • Evan Ackiron

    Person

    We applaud Assemblymember Gabriel for his ongoing leadership and partnership with our office to address corporate accountability and through this Bill strengthen worker protections.

  • Evan Ackiron

    Person

    We also very much appreciate Committee Council's detailed analysis wherein the synopsis reflects a significant procedural point for why this Bill is needed in that the Attorney General's civil cases against unlawful wage violations against contractors rarely produce a finding for the Contractor State License Board to then automatically convert into disciplinary action. Excuse me.

  • Evan Ackiron

    Person

    So as to not repeat, the author I'd like to highlight, AB1002 does not establish any new remedies. It merely permits the AG working with the Contractor State License Board to obtain remedies that right now only the CSLB can currently obtain through either administrative or civil action.

  • Evan Ackiron

    Person

    AB1002 was carefully crafted to include guardrails that balance the sharing of the Contractor State License Board authority to take disciplinary action, including limiting the sharing only to the Attorney General's Office, not to local prosecutors.

  • Evan Ackiron

    Person

    Permitting only a court to impose these remedies only after they've been proven to the civil standards required and providing for the full involvement by the Contractor State License Board in the proceeding, limited involvement or anything in between, whatever the CSLB believes is appropriate, they have full discretion to do so.

  • Evan Ackiron

    Person

    In short, AB1002 allows the DOJ to bring in one action, an enforcement action against a CSLB license licensee, excuse me, for civil remedies and also action against the license for serious and repeat wage theft violators. And we also bring our civil lawsuits to make construction workers whole under existing law. And this simply adds an additional remedy. We respectfully request your aye vote. Thank you.

  • Vince Sugrue

    Person

    Thank you. Thank you. My name is Vince Sugrue. I'm a State Legislative Director with Sheet Metal Workers Local 104 and a former union organizer. I have seen firsthand the impact of wage theft on working families in California and I'm here today because Assembly Bill 1002 is so important to our industry.

  • Vince Sugrue

    Person

    Unfortunately, wage theft is far too common in the construction industry and we see a slew of bad actors continuing to land major projects after landing a series of civil wage and penalty assessments and final wage theft judgments in the Bay Area. I'll give a perfect example.

  • Vince Sugrue

    Person

    We have one contractor who was just hit with a $700,000 civil wage and penalty assess, is under investigation by two different District Attorney's Offices for tax fraud and is continuing to build mid rise and high rise residential projects throughout the Bay Area.

  • Vince Sugrue

    Person

    This Bill is so important because it would give the Attorney General the ability to take civil action to go after bad actors who are explicitly ignoring final judgments while the contractor state license board is doing everything they can to go after bad actors. This will provide for additional tools.

  • Vince Sugrue

    Person

    And so we are big proponents of this Bill and we ask for your aye vote. Thank you. Thank you.

  • Ash Kalra

    Legislator

    Is there anyone else here in support of AB 1002?

  • Martin Vindiola

    Person

    Good evening. Chair Members Martin Vindiola on behalf of the California State Association of Electrical Workers, the California State Pipe Trades Council and the Western States Council of Sheet Metal Workers in support. Thank you.

  • Ash Kalra

    Legislator

    Thank you

  • Sara Flocks

    Person

    Mr. Chair. Member Sara Flocks, California Federation of Labor Unions in support. Thank you.

  • Ash Kalra

    Legislator

    Thank you. Is there anyone here in opposition to AB 1102? Any questions, comments or motions from we already have a motion. Any questions or comments? Assembly Members Zbur

  • Rick Chavez Zbur

    Legislator

    I just had a constituent the other day tell me how backed up the complaints at the regulatory level are for wage theft claims and how it's taking many months because of that. So I know this is a big issue. This isn't candle that piece of it, but it's an important one.

  • Rick Chavez Zbur

    Legislator

    I think the cases of wage theft are much greater than we all understand generally. And I would love to be added as a co author if that would be welcome. Thank you. Would love to have you.

  • Ash Kalra

    Legislator

    Thank you. Assemblymember Harabedian

  • John Harabedian

    Legislator

    Thank you, Mr. Chair. Would also like to thank the author. Please add me as a co author. I think the CSLB is doing incredible work and we have been dealing with them a lot since the fires and the rebuild that is going to occur.

  • John Harabedian

    Legislator

    And that's why this Bill is so timely because I do think that you're going to see more and more of these bad actors rearing their ugly head. Unfortunately.

  • John Harabedian

    Legislator

    I think this is a really good tool for the Attorney General to use to keep everyone safe and and actually ensure that the process is fair and equitable and everyone is taken care of. So would love to be a co author. I appreciate you doing this. Thank you. I'd be delighted to have you.

  • Ash Kalra

    Legislator

    Thank you. Assembly Member Bryan

  • Isaac Bryan

    Legislator

    I'm not sure if this Bill has enough support on this Committee. So I also would like to be added as a co author. Thank you for your work on this issue.

  • Ash Kalra

    Legislator

    Thank you. I also want to thank thank you, Assembly Member. I want to thank our Attorney General as well. And you know, you can have a contractor have little judgments that are many judgments against them for wage theft and still have the ability to go about their business.

  • Ash Kalra

    Legislator

    And given what was mentioned on the delays for workers to actually get justice even once there's a judgment that's just not acceptable. And so I want to thank you so much for bringing this forward. I would like to be added as a co author. And would you like to close?

  • Jesse Gabriel

    Legislator

    Yeah. Thank you very much. Appreciate that. Respectfully. Request an aye vote. Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That Bill is out. Thank you. Thank you very much. Thank you. All right, if we can start by moving the call on item two. Move the call on item two. AB45. Bauer Kahan. This is item two. AB45. Yeah. Everyone, we got to get through this process really quickly if we can. Item two. AB 45. Bauer Kahan.

  • Committee Secretary

    Person

    [Roll Call]

  • Committee Secretary

    Person

    [Roll Call]

  • Ash Kalra

    Legislator

    That's it. I think you're all caught up it all right. I want to thank the great work of our Judiciary Committee staff, and we are adjourned. Thursday. Thursday.

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