Official Summary Text
AB 311, as amended, McKinnor.
Dwelling units: persons at risk of homelessness.
Consumer Driving Data Protection Act of 2026.
The Insurance Rate Reduction and Reform Act of 1988, an initiative measure enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, prohibits specified insurance rates from being approved or remaining in effect that are excessive, inadequate, unfairly discriminatory, or otherwise in violation of the act. Under the act, rates and premiums for automobile insurance are determined based on specified factors, including the insured’s driving safety record. Existing law authorizes the provisions of Proposition 103 to be amended by a statute that furthers the purposes of the act and is enacted by the Legislature with a
2
/
3
vote.
This bill, the Consumer Driving Data Protection Act of 2026, would authorize a consumer to opt to use telematics to establish their driving record, thus amending Proposition 103. The bill would prohibit the use of telematics data for a purpose other than rating private passenger automobile insurance. The bill would require a rate application under which telematics would be used to establish an insured’s driving record to include specified materials related to the insurer’s telematics program. This bill would prohibit an insurer that uses telematics from taking specified actions, including conditioning eligibility for a discount upon participation in a telematics program, unless the discount is approved by the commissioner. The bill would also set forth consent and privacy requirements for the collection and use of telematics data. The bill would authorize the commissioner to impose specified penalties for violations of the bill’s provisions, including civil penalties
and suspension of an insurer’s telematics program.
This bill would require an insurance provider or third-party vendor to take specified actions with respect to the telematics data, including immediately deleting the data once a rating has been assigned to the consumer and obtaining an express written or electronic signature of a consumer on a notice meeting specified conditions. The bill would additionally prohibit an insurance provider or third-party vendor from keeping the telematics data for longer than 6 months and collecting audio or visual recordings of the occupants of the vehicle, among other specified prohibitions. The bill would declare that its provisions further the purposes of Proposition 103.
Existing constitutional provisions require that a statute that limits the right of access to the
meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Prior law, until January 1, 2024, authorized a tenant to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, as defined, regardless of the terms of the lease or rental agreement, with the written approval of the owner or landlord of the property, and subject to extension under certain circumstances. Prior law further authorized an owner or landlord to adjust the rent payable under the lease during the time the person who is at risk of homelessness is occupying the dwelling unit, as compensation for the occupancy of that person, and required the terms regarding the rent payable in those circumstances to be agreed to in writing by the owner or landlord and the tenant.
This bill, until January 1, 2031, would reinstate the above-described provisions, and would include certain new provisions regarding
occupancy. The bill would additionally define “person at risk of homelessness” to include any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor. The bill, among other things, would permit a tenant, with written approval of the owner or landlord, to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person. The bill would provide that if the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenant’s dwelling unit, the rent payable may be adjusted to include separate or additional rent during the time the person owns or otherwise maintains the pet.
This bill would declare that it is to take effect
immediately as an urgency statute.