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SB-74 Office of Wildfire Technology Research and Development.(2023-2024)

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Date Published: 06/13/2024 09:00 PM
SB74:v92#DOCUMENT

Revised  August 15, 2024
Amended  IN  Assembly  June 13, 2024
Amended  IN  Assembly  August 17, 2023
Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  April 26, 2023
Amended  IN  Senate  April 10, 2023
Amended  IN  Senate  March 22, 2023
Amended  IN  Senate  February 14, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 74

Introduced by Senators Senator Dodd and Jones
(Principal coauthor: Assembly Member Sanchez)(Coauthors: Senators Grove, Hurtado, Min, Nguyen, Niello, Ochoa Bogh, Portantino, and Skinner)(Coauthors: Assembly Members Jackson and Mathis)(Coauthor: Assembly Member Connolly)

January 11, 2023

An act to add amend Section 11547.6 to 8586.8 of the Government Code, relating to technology, and declaring the urgency thereof, to take effect immediately. technology.


LEGISLATIVE COUNSEL'S DIGEST


SB 74, as amended, Dodd. State entities: state-owned or state-issued devices: social media platforms. Office of Wildfire Technology Research and Development.
Existing law, until January 1, 2029, establishes the Office of Wildfire Technology Research and Development in state government within the Department of Forestry and Fire Protection to study, test, and advise regarding procurement of emerging technologies and tools in order to more effectively prevent and suppress wildfires within the state. For those purposes, existing law requires the office to, among other things, develop a balanced, multimodal research and development program designed to identify, research, test, and evaluate emerging technologies and tools designed to improve the state’s preparation for, and response to, wildfires in the state, as specified.
This bill would delete the January 1, 2029, sunset date described above.

Existing law establishes the Department of Technology (department) within the Government Operations Agency, and provides for a Director of Technology (director) to supervise the department and report directly to the Governor on issues relating to information technology. Existing law imposes various duties on the director, including advising the Governor on the strategic management and direction of the state’s information technology resources. Existing law requires the department to identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the department, for modernization, stabilization, or remediation.

Existing law requires the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center (CCIC). Existing law states that the CCIC’s mission is to reduce the likelihood and severity of cyber incidents that could damage California’s economy, its critical infrastructure, or public and private sector computer networks in the state. Existing law requires the CCIC to serve as the central organizing hub of state government’s cybersecurity activities and coordinate information sharing with specified entities, including local, state, and federal agencies.

This bill would require state agencies, when implementing social media and cybersecurity policies pursuant to the Statewide Information Management Manual and authorizing any agency installation or download of an application for a particular social media platform on a state-issued or state-owned electronic device for an official state purpose, to adopt risk mitigation strategies tailored to risks posed by that social media platform, as specified. For purposes of adopting these risk mitigation strategies, the bill would specify that there is a rebuttable presumption that a state agency shall prohibit installation or download on that agency’s state-issued or state-owned electronic devices of any application for a social media platform to which any of specified conditions apply, and would specify how that rebuttable presumption may be overcome by the state agency. The bill would define various terms for these purposes.

The bill would declare that it is to take effect immediately as an urgency statute.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 8586.8 of the Government Code is amended to read:

8586.8.
 (a) For purposes of this section, “office” means the Office of Wildfire Technology Research and Development.
(b) The Office of Wildfire Technology Research and Development is hereby established in state government within the Department of Forestry and Fire Protection to study, test, and advise regarding procurement of emerging technologies and tools in order to more effectively prevent and suppress wildfires within the state. The office shall serve as the central organizing hub for the state government’s identification of emerging wildfire technologies.
(c) The office shall be under the direct control of the Director of Forestry and Fire Protection.
(d) The office shall undertake, but is not limited to, the following activities:
(1) Develop a balanced, multimodal research and development program designed to identify, research, test, and evaluate emerging technologies and tools designed to improve the state’s preparation for, and response to, wildfires in the state, including, but not limited to, fire retardants and ground, aerial, mobile, portable, communication, predictive modeling, software, or stationary equipment used for California’s wildfire preparedness and by first responders.
(2) Consult with public, private, and nonprofit entities in identifying new technologies tools, software, and other advances in wildfire preparedness and response.
(3) Make recommendations to state and local agencies on the most effective and useful technologies and tools for procurement.
(e) The office shall be subject to review by the Wildfire Technology Research and Development Review Advisory Board, which shall serve in an advisory capacity, and shall consist of the following nine members:
(1) The Secretary of the Natural Resources Agency, or their designee.
(2) The Director of the Office of Emergency Services, or their designee.
(3) The Director of the Department of Forestry and Fire Protection, or their designee.
(4) Four members who are appointed by the Governor for a term of four years each, as follows:
(A) One representative from academia involved in the field of wildfire research and technology development.
(B) One representative from the private wildfire response science, engineering, and technology industry.
(C) One representative from local government.
(D) One member of the public employed as a first responder.
(5) One member who is appointed by the Senate for a term of four years who is involved in victim services.
(6) One member who is appointed by the Assembly for a term of four years who is involved in the protection of privacy and civil liberties.
(f) The board shall meet at least four times per year to review, analyze, and assess the activities and progress of the Office of Wildfire Technology Research and Development, and to consult with public, private, and nonprofit entities regarding their interaction and responsiveness of the office.
(1) The findings and recommendations of the board shall be compiled and delivered to the office of the Governor and the Legislature as a report no later than January 1, 2024, and annually thereafter.
(2) The report developed by the board pursuant to this section shall be submitted in compliance with Section 9795.
(g) Members of the board shall serve without compensation, but they may be reimbursed for actual expenses incurred in connection with their duties.

(h)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SECTION 1.Section 11547.6 is added to the Government Code, to read:
11547.6.

(a)For purposes of this section, the following definitions apply:

(1)“Country of concern” means a country identified by the International Traffic in Arms Regulations as set forth in Section 126.1 of Part 126 of Title 22 of the Code of Federal Regulations.

(2)“Entity of concern” means a company that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of, a country of concern.

(3)“Social media company” has the same meaning as defined in Section 22675 of the Business and Professions Code.

(4)“Social media platform” has the same meaning as defined in Section 22675 of the Business and Professions Code.

(5)“State agency” means a state agency that is subject to the Statewide Information Management Manual.

(b)When implementing social media and cybersecurity policies pursuant to the Statewide Information Management Manual and authorizing any agency installation or download of an application for a particular social media platform on a state-issued or state-owned electronic device for an official state purpose, a state agency shall adopt risk mitigation strategies tailored to risks posed by that application for a social media platform.

(c)For purposes of adopting risk mitigation strategies pursuant to this section, there is a rebuttable presumption that a state agency shall prohibit installation or download on that agency’s state-issued or state-owned electronic devices of any application for a social media platform to which any of the following apply:

(1)An entity of concern or a country of concern directly or indirectly owns, directly or indirectly controls, or holds 10 percent or more of the voting shares of the social media company that owns the social media platform.

(2)An entity of concern or a country of concern has substantial direct or indirect influence over the social media company that owns the social media platform, including, but not limited to, either of the following:

(A)The entity of concern or country of concern could compel the social media company to share data on a user that is a citizen of this state with the entity of concern or the country of concern.

(B)The entity of concern or country of concern has substantial influence over the content moderation practices of the social media company.

(3)The social media platform uses software or an algorithm controlled by a country of concern.

(d)A state agency may overcome the rebuttable presumption in subdivision (c) only if the state agency does all of the following with respect to each application for a social media platform to which the rebuttable presumption applies:

(1)Implements social media and cybersecurity policies in compliance with the Statewide Information Management Manual.

(2)Makes a written finding that installation or download of the application for the social media platform is necessary for an official state purpose.

(3)Authorizes installation or download of the application for the social media platform only for the purpose described in paragraph (2) and for no longer than necessary to complete that purpose.

(4)Prior to authorizing installation or download of the application for the social media platform, submits documentation of compliance with this section to the Department of Technology, which shall be available upon request by the Speaker of the Assembly or the President pro Tempore of the Senate. A state agency that already has installed or downloaded on that agency’s state-issued or state-owned electronic devices an application for a social media platform to which the rebuttable presumption described in subdivision (c) applies on the effective date of this section shall submit the documentation of compliance to the Department of Technology within 30 calendar days of the effective date of this section.

SEC. 2.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to protect against imminent threats to data security, it is necessary that this act take effect immediately.

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REVISIONS:
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