BILL NUMBER: AB 1192 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Quirk
FEBRUARY 27, 2015
An act to add Section 38568 to the Health and Safety
Code, relating to greenhouse gases. An act to add
Chapter 22.4 (commencing with Section 22595) to Division 8 of the
Busi ness and Professions Code, relating to data.
LEGISLATIVE COUNSEL'S DIGEST
AB 1192, as amended, Quirk. California Global Warming
Solutions Act of 2006: very low carbon transportation fuels.
Fair Information Practices Act.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 22.4 (commencing with Section
22595) is added to Division 8 of the Business and
Professions Code , to read:
CHAPTER 22.4. FAIR INFORMATION PRACTICES ACT
22595. This chapter shall be known and may be cited as the Fair
Information Practices Act.
22595.1. (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.
22595.2. For purposes of this chapter the term "person" means any
individual, partnership, corporation, limited liability company,
association, or other organization.
22595.3. (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.
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).