Amended in Assembly April 6, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1192

Introduced by Assembly Member Quirk

February 27, 2015

begin delete An act to add Section 38568 to the Health and Safety Code, relating to greenhouse gases. end delete begin insert An act to add Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to data. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1192, as amended, Quirk. begin delete California Global Warming Solutions Act of 2006: very low carbon transportation fuels. end delete begin insert Fair Information Practices Act. end insert

begin insert

Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information, as defined, through the Internet about individual consumers residing in California to conspicuously post its privacy policy on its Internet Web site, and requires that privacy policy to, among other things, identify the categories of personally identifiable information that the operator collects.

end insert begin insert

This bill would require a person, as defined, that provides a mobile operating system or platform that is used by an operator or developer of a mobile application that collects personal data from an individual California user through the mobile application or an online service to create universal privacy policy standards that are based on certain principles, including, but not limited to, transparency and security. The bill would require that person to conspicuously post those standards on the person’s Internet Web site in a digital format that is accessible to all users, and would require a developer or operator of a mobile application using a mobile operating system or platform to accept those universal privacy policy standards, except as specified. The bill would also make legislative findings and declarations regarding those principles.

end insert begin delete

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit to be achieved by 2020 equivalent to the statewide greenhouse gas emissions levels of 1990. The state board additionally is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations.

end delete begin delete

This bill would authorize the state board to establish a very low carbon fuel market commitment program that requires wholesalers, producers, importers, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of their transportation fuel sales in the state percentages of very low carbon transportation fuel, as defined, as determined by the state board. These provisions would become inoperative 5 years after the state board notifies the Secretary of State that very low carbon fuel sales have reached 2% of all transportation fuel sales in the state.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 22.4 (commencing with Section 22595)
is added to Division 8 of the end insert begin insert Business and Professions Code end insert begin insert , to
read: end insert

begin insert

 

Chapter   begin insert 22.4. end insert Fair Information Practices Act

 

begin insert 22595. end insert   

This chapter shall be known and may be cited as the
Fair Information Practices Act.

begin insert 22595.1. end insert   

(a) The principles of the Fair Information Practices
Act include all of the following:

(1) Transparency.

(2) Individual participation.

(3) Purpose specification.

(4) Data minimization.

(5) Use limitation.

(6) Data quality and integrity.

(7) Security.

(8) Accountability and auditing.

(b) The Legislature finds and declares that with regard to the
principles listed in subdivision (a), developers and operators of
mobile operating systems or platforms are encouraged to do all
of the following:

(1) Be transparent and notify individuals regarding collection,
use, dissemination, and maintenance of personal data.

(2) Involve individuals in the process of using personal data
and, to the extent practicable, seek individual consent for the
collection, use, dissemination, and maintenance of personal data.

(3) Specifically articulate the authority that permits the
collection of personal data and the purpose or purposes for which
the personal data is intended to be used by defining the functional
purpose of the mobile application and how an individual’s personal
data is used to contribute to that functional purpose.

(4) Only collect personal data that is directly relevant and
necessary to accomplish the purpose or purposes for which the
personal data is intended to be used, and only retain personal data
for as long as necessary to fulfill the specified purpose or purposes.

(5) Use personal data solely for the purpose or purposes
specified in the notice to the user. Sharing personal data should
be for a purpose compatible with the purpose or purposes for
which the personal data was collected.

(6) Ensure, to the extent practicable, that personal data is
accurate, relevant, timely, and complete.

(7) Protect personal data in all media through appropriate
safeguards against risks, including, but not limited to, loss,
unauthorized access or use, destruction, modification, or
unintended or inappropriate disclosure.

(8) Be accountable for complying with the principles listed in
subdivision (a), provide training to all employees and contractors
who use personal data, and audit the actual use of personal data
to demonstrate compliance with the principles listed in subdivision
(a) and all applicable privacy protection requirements and laws.

begin insert 22595.2. end insert   

For purposes of this chapter the term “person” means
any individual, partnership, corporation, limited liability company,
association, or other organization.

begin insert 22595.3. end insert   

(a) This section shall apply to a person that provides
a mobile operating system or platform that is used by an operator
or developer of a mobile application or online service that collects
personal data from an individual California user through the
mobile application or online service.

(b) A person shall create universal privacy policy standards for
all mobile applications based on the principles listed in subdivision
(a) of Section 22595.1, and shall conspicuously post the universal
privacy policy standards to the person’s Internet Web site in a
digital format that is accessible to all users.

(c) (1) Except as otherwise provided in paragraph (2), a
developer or operator of a mobile application using a mobile
operating system or platform of a person shall accept the universal
privacy policy standards of that person, and shall conspicuously
post a notice of acceptance of those universal privacy policy
standards on its Internet Web site in a digital format that is
accessible to all users.

(2) A developer or operator of a mobile application or online
service may elect not to accept the universal privacy policy
standards of a person regarding the use of a user’s personal data,
if that developer or operator obtains explicit agreement from that
user.

end insert

begin delete

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Low carbon transportation fuels are an important element
of the state’s greenhouse gas reduction policy and increasing the
supply of those fuels will help the state achieve its greenhouse gas
reduction goals.

(b) Existing incentives for the development of low carbon
transportation fuels, including the Low Carbon Fuel Standard
regulation (Subarticle 7 (commencing with Section 95480) of
Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17
of the California Code of Regulations), the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code), and Assembly Bill
118 (Chapter 750 of the Statutes of 2007), have not resulted in
sufficient development of low carbon transportation fuels.

SEC. 2.  

Section 38568 is added to the Health and Safety Code,
to read:

38568.  

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Indirect land use change emission” means the carbon
emissions associated with changes in agricultural activity that
result from the market-mediated effects of using an agricultural
commodity that is a food product as feedstock for the production
of the transportation fuel.

(2) “Very low carbon transportation fuel” means a liquid or
gaseous transportation fuel having no greater than 50 percent of
the carbon intensity of the closest comparable petroleum fuel for
that year, as measured by the methodology in the Low Carbon
Fuel Standard regulation (Subarticle 7 (commencing with Section
95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3
of Title 17 of the California Code of Regulations). The carbon
intensity for the transportation fuel shall include the indirect land
use change emission if an agricultural commodity that is a food
product is used as a feedstock for the production of the
transportation fuel.

(b) The state board may establish a very low carbon fuel market
commitment program that requires a wholesaler, producer,
importer, or any other entity that provides transportation fuel to a
retailer or sells transportation fuel to a consumer to include as part
of its transportation fuel sales in the state percentages of very low
carbon transportation fuel. The percentages of very low carbon
transportation fuel shall be determined by the state board and
measured in energy equivalent units. The state board may require
percentages of very low carbon transportation fuel as low as
one-quarter of 1 percent or as high as 2 percent.

(c) When the state board determines that very low carbon
transportation fuel sales have reached 2 percent of all transportation
fuel sales in the state, the state board shall notify the Secretary of
State and this section shall be inoperative five years from that
notification.

(d) This section does not replace or modify any existing fuel
standards or requirements imposed under the Low Carbon Fuel
Standard regulation (Subarticle 7 (commencing with Section
95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3
of Title 17 of the California Code of Regulations).

end delete