On March 25, the Assembly Committee on Natural Resources approved AB 697, authored by assemblymember Ed Chau (D–Monterey Park).  This bill would establish a program in California to allow the state to help plan, manage, and implement forest restoration projects on federal lands through an expanded and formalized Good Neighbor Authority (GNA).

“Wildfires are a growing problem in California that are increasing in frequency, size, and intensity every year with many starting on forest lands and spreading to local communities,” said Assemblymember Chau. “It is, therefore, critically important for our state and federal government to partner in addressing forest health, if we are to safeguard our communities and air quality from these devastating fires.”

According to data from CAL FIRE, 2020 was the largest wildfire season in California’s modern history, with nearly 10,000 fires that burned over 4.2 million acres of land. The U.S. Forest Service owns and manages 20 million acres of national forests across California. With nearly 58% of California’s 33 million acres of forestland being federally-owned, the federal government must be a key partner in addressing our State’s forest health.

Recognizing this need, Congress included the GNA in the 2014 Farm Bill, authorizing the states and federal government to sign agreements authorizing the sharing of funds, staff and other resources across jurisdictional boundaries. Since then, the California Natural Resources Agency and the Sierra Nevada Conservancy have signed GNA agreements with the Forest Service in California, and Governor Newsom signed a Memorandum of Understanding with the U.S. Forest Service to establish a joint effort to reduce wildfire risk on federal, state and private lands by sustainably treating one million acres of forest lands annually by 2025.

AB 697 builds upon these important steps to address wildfire risk and forest health.

Office of Assemblymember Ed Chau, 49^th District

2021 Legislative Summary

Privacy and Consumer Protections

1. Assembly Bill (AB) 13 – Automated Decision Systems Accountability Act of 2021 – Creates  the first statewide algorithmic accountability framework, which sets forth criteria for the  procurement of high-risk automated decision systems by government entities in order to  minimize the risk of adverse and discriminatory impacts resulting from their design and  application. Sponsor: The Greenlining Institute.

2. AB 35 – Social Media Platforms: False Information – Requires social media platforms to  disclose whether or not they have a policy to address the spread of misinformation. Sponsor.  Author.

3. AB 694 – Department of Motor Vehicles: Sale of Records – Prohibits the DMV from selling  vehicle registration and driver’s license information. Sponsor: Author.

4. AB 1252 – Digital Health Feedback Systems – Defines “personal health record information” to  mean individually identifiable information about an individual’s mental or physical condition  collected by a commercial internet website, online service, or product. By providing that any  business offering such a product is a provider of health care for the purposes of the  Confidentiality of Medical Information Act (CMIA), this bill would ensure that information  collected by these products is subject to the protections of the CMIA. Sponsor: Author.

5. AB 1247 – Criminal Procedure: Limitations of Actions – Requires the statute of limitations for  felony prosecution of computer hacking offenses as commencing on the date of discovery, rather  than the offence date. Sponsor: Conference of California Bar Associations.

6. AB 1292 – Unmanned Aircraft System Delivery Services – Limits the collection, use, and  retention of audio, geolocation, and visual information by a drone deliver service, and requires  the destruction of collected information after the service is completed or realized. Sponsor:  Author.

7. AB 1352 – Information Security Assessments – Authorizes the Military Department to perform  an independent security assessment at the request, and in consultation with, a local educational  agency that is interested in having an assessment done and will fund the costs. Sponsor: Author.

8. AB 1391 – Compromised Data – Prohibits a person from selling, purchasing, or utilizing compromised data that was obtained or accessed pursuant to the commission of a crime. Sponsor:  Author.

9. AB 1436 – Information Practices Act – Adds to the findings made by the Legislature in the  Information Practices Act of 1977 that the increased use of computers, software, and other  sophisticated information technology has greatly magnified the potential risk to individual  privacy that can occur from the maintenance of personal information. Sponsor: Author.

10. AB 1490 – California Privacy Protection Agency – Requires governing board members of the  California Privacy Protection Agency to have qualifications, experience, and skills in consumer  rights. Sponsor: Author.

Business and Professions

11. AB 691 – Optometry: SARS-CoV-2 Vaccinations – Authorizes optometrists to administer SARS CoV-2 vaccinations and clinical laboratory tests or examinations necessary to detect the presence  of SARS-CoV-2. Sponsor: California Optometric Association.

Elections

12. AB 1546 – City of Alhambra: Charter Amendment – Creates a special exception to permit the  City of Alhambra and the Alhambra Unified School District (AUSD) to conduct a special election,  thereby enabling the AUSD to proceed with its transition from at-large to by-trustee-area  elections for members of the board of education consistent with the Elections and Education  Code requirements. Sponsors: County of Los Angeles, City of Alhambra, and Alhambra Unified  School District.

Environment

13. AB 39 – California-China Climate Institute – Establishes the California-China Climate Institute  to inform and shape climate policy and advance the goals of the Paris Agreement, advance joint  policy research on major climate issues, support high-level dialogue on specific climate issues,  and provide training to advance climate and environmental policies. Sponsor: Author.

14. AB 697 – Forest Resources: Good Neighbor Authority – Creates a program for the State to  plan, manage and implement forest restoration projects on U.S. Forest Service lands through an  expanded and formalized Good Neighbor Authority (GNA). This would accelerate the pace and  scale of ecologically based forest management on national lands, and help reduce wildfire risk in  the state, by implementing the Shared Stewardship Agreement between California and the U.S.  Forest Service. Sponsor: The Nature Conservancy.

Judiciary

15. AB 473 – California Public Records Act (CPRA) – Reorganizes the CPRA and improves it clarity  without making substantive legal changes, so it easier for the public to use and understand.  Sponsor: Author.

16. AB 474 – California Public Records Act (CPRA) – Adjusts CPRA cross-references to conform  them to the new statutory scheme established pursuant to AB 473. Sponsor: Author.

17. AB 693 – Proposition (Prop.) 65 Enforcement – Allows food distributors to place a Prop. 65  Warning on a product that is alleged to be in violation of the labeling requirements within 14  days of receiving a 60-day notice of enforcement. It also requires a judge to approve whether a  settlement complies with the law, and whether penalties and the attorney’s fees are reasonable.  Finally, it requires a private enforcer to provide an alleged violator with the basis for the  Certificate of Merit, upon filing a 60-day notice. Sponsor: Asian Food Trade Association.

Public Safety

18. AB 28 – Hate Crimes – Address the rise in hate crimes by expanding the definition of what  constitutes a hate crime under state law, and increasing penalties to fund programs on racial or  ethnic sensitivity, or other similar training in the area of civil rights. Sponsor: Author.

Resolutions

19. ACR 24 – California Law Revision Commission: Studies - Grants approval to the commission to  continue its study of designated topics the Legislature previously authorized or directed the  commission to study. It also grants approval to add to its calendar of topics for study. Sponsor:  California Law Revision Commission.

20. ACR 35 – World Autism Awareness Day – Designates April 2, 2021, as World Autism  Awareness Day and encourages residents to show support for autism awareness. Sponsor:  Chinese Parents Association for the Disabled.

21. ACR 55 – Chinese Massacre of 1871 – Commemorates October 24, 2021 as the 150th  Anniversary of the Chinese Massacre of 1871, a significant incidence of racially motivated  violence in California history, to help spread awareness and encourage vigilance against racial  bigotry, hatred, and persecution. Sponsor: Author.

22. HR 5 – Data Privacy Day – Declares January 28, 2021, as California Data Privacy Day, to increase  awareness of privacy and data protection issues among consumers, organizations, and  government officials. Sponsor: Author.

Assemblymember Chau Introduces legislation to prevent Prop. 65 Abuse

On April 9, Assemblymember Ed Chau (D–Monterey Park) joined members of the Asian Food Trade Association to discuss AB 693, a bill to prevent abuses of Proposition (Prop.) 65 by private enforcers.

“While Prop. 65 is intended to safeguard the public against dangerous chemicals, it has also resulted in abusive practices brought forth by some private enforcers who simply want to leverage small businesses into costly settlements without any significant basis for the lawsuit. On the receiving end of this abuse are numerous Asian owned businesses throughout my district,” said Assemblymember Ed Chau (D-Monterey Park).  “To address these rogue practices and safeguard public health, my bill gives businesses a chance to correct alleged violations, while ensuring any settlements are reasonable and in compliance with the law.”

Voters approved Prop. 65 in 1986, which requires California businesses to provide a clear and reasonable warning before knowingly and intentionally exposing individuals to chemicals known to cause cancer and/or reproductive toxicity. The law is enforced by public prosecutors, the Attorney General, or private enforcers who bring lawsuits on behalf of the “public interest”. Failure to comply exposes a business to civil penalties of up to $2,500 per day. Unfortunately, businesses throughout the state have become the target of some private enforcers who make monetary demands in settlements for not having a Prop. 65 warning label on a product or store shelf. These settlements bring in millions of dollars annually across the state.

Asian Food Trade Association President Tim Sher said, “For the past several years, Asian food distributors and retailers have repeatedly received several 60-day notices where some private enforcers demand hundreds of thousands of dollars to settle a case without providing proof that a label is necessary.” “As business owners, we want to comply with Prop 65 should a label be required,” said Sher.

AB 693 would allow food distributors to place a warning label on a product, alleged to be in violation, within 14 days of receiving a 60-day notice of enforcement. It also requires a judge to approve whether a settlement complies with the law, and whether penalties and the attorney’s fees are reasonable. Finally, it requires a private enforcer to provide an alleged violator with the basis for filing the lawsuit against the business, upon filing a 60-day notice.

Assemblymember Ed Chau represents the 49th Assembly District, comprised of the communities of Alhambra, Arcadia, El Monte, Monterey Park, Rosemead, San Gabriel, San Marino, Temple City and portions of Montebello, and South El Monte.