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AB-660 Public contracts: privacy: contact tracing.(2019-2020)

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Date Published: 05/29/2020 09:00 PM
AB660:v93#DOCUMENT

Amended  IN  Senate  May 29, 2020
Amended  IN  Senate  August 12, 2019
Amended  IN  Senate  July 11, 2019
Amended  IN  Senate  June 24, 2019
Amended  IN  Assembly  April 08, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 660


Introduced by Assembly Member Levine

February 15, 2019


An act to add Section 25402.14 to the Public Resources Code, relating to energy. An act to add Section 10360 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 660, as amended, Levine. Building energy efficiency standards: solar reflectance of roofs. Public contracts: privacy: contact tracing.
Existing law governs contracts entered into by a state agency for services to be rendered to the state. A willful violation of that law is punishable as a misdemeanor.
This bill would require a contract entered into by a state agency for services related to contact tracing to include certain provisions, including that a contractor may share personal information obtained via a contact tracing application or service only to comply with a warrant or subpoena or to facilitate a public health provider’s efforts to mitigate the spread of a communicable disease. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. Under this authorization, the commission has adopted requirements for thermal emittance, 3-year aged reflectance, and solar reflectance index of roofing materials used in new construction and reroofing projects.

This bill would require the commission, during one or more of the next 4 triennial code adoption cycles after January 1, 2020, to consider amendments to the roof replacement building standards for alterations to existing low-rise, steep-sloped roof residential buildings with the goal of increasing the value of minimum aged solar reflectance up to 0.40 in the 2031 standard and the goal of expanding the range of climate zones in which minimum aged solar reflectance values are prescribed for those alterations. The bill would require the commission, prior to considering these amendments, to assess whether there is an adequate supply of labor resources and available compliant products in the climate zones for which the commission may consider the amendments. The bill would require that the amendments be cost-effective and not be imposed on existing low-rise, steep-sloped roof residential buildings where the cost of compliance would exceed the actual energy cost savings achieved through compliance. The bill would also make findings and declarations regarding the benefit of installing cool-roof products on existing residential buildings.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 10360 is added to the Public Contract Code, to read:

10360.
 (a) A contract entered into by a state agency for services related to contact tracing shall include all of the following provisions:
(1) The contractor may share personal information obtained via a contact tracing application or service only for an authorized purpose.
(2) (A) A contact tracing application or service subject to a contract described in paragraph (1) shall conspicuously notify a user of the authorized purposes described in paragraph (1) of subdivision (b) for which the user’s personal information may be used.
(B) A contact tracing application shall notify a user that the authorized purposes described in paragraph (1) of subdivision (b) are the only purposes for which a user’s personal information may be used.
(b) For purposes of this section:
(1) “Authorized purpose” means either of the following:
(A) To comply with a warrant or subpoena.
(B) To facilitate a public health provider’s efforts to mitigate the spread of a communicable disease.
(2) “Contact tracing” means the use of a person’s geolocation data gathered from a mobile device for the purpose of determining possible exposure to a communicable disease.
(3) “Personal information” means information that identifies or describes a particular individual.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

The Legislature finds and declares all of the following:

(a)A key objective in the Clean Energy and Pollution Reduction Act of 2015, enacted pursuant to Senate Bill 350 (Chapter 547 of the Statutes of 2015) is to “double the energy efficiency savings in electricity and natural gas final end uses of retail customers through energy efficiency and conservation.”

(b)There is an opportunity to improve the efficiency of existing residential buildings, particularly older ones, by ensuring that roofs are replaced using, when appropriate, cooler materials to save energy.

(c)According to peer-reviewed research conducted by Lawrence Berkeley National Laboratory and its review of housing data from the United States Census Bureau and the Department of Finance:

(1)About 90 percent of residential roof surfacing materials sold each year in California are installed on existing residential buildings.

(2)The benefit of a cool-roof product, which is determined by annual cooling savings minus increase in annual heating costs, on an existing home is about two to four times the benefit of the same product installed on a new residential building.

(3)In addition, the benefit of a higher-performance residential cool-roof product is about three times the benefit of a lower-performance residential cool roof product.

(d)A 2016 California Statewide Utility Codes and Standards Program study found higher-performance and lower-performance residential cool-roof products are comparable in price. The study also reported many cobenefits to cool roofs, including urban heat island mitigation, global cooling, better air quality, and improved human health and comfort.

(e)As noted in a 2013 report by the Governor’s Climate Action Team, “[t]he most cost effective way to mitigate the urban heat island [effect] is to accelerate the adoption of reflective roofs.”

SEC. 2.Section 25402.14 is added to the Public Resources Code, to read:
25402.14.

(a)During one or more of the next four triennial code adoption cycles after January 1, 2020, the commission shall consider amendments to the roof replacement building standards for alterations to existing low-rise, steep-sloped roof residential buildings, to be included in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations, with the goal of increasing the value of minimum aged solar reflectance up to 0.40 in the 2031 standard and the goal of expanding the range of climate zones in which minimum aged solar reflectance values are prescribed for those alterations.

(b)Prior to considering amendments to roof replacement building standards pursuant to subdivision (a), the commission shall assess whether there is an adequate supply of labor resources and available compliant products in the climate zones for which the commission may consider these amendments.

(c)Any requirement prescribed pursuant to subdivision (a) shall be cost-effective, as determined pursuant to Section 25402, and shall not be imposed on existing low-rise, steep-sloped roof residential buildings where the cost of compliance would exceed the actual energy cost savings achieved through compliance.