Official Summary Text
SB 435, as amended, Wahab.
Residential care facilities for the elderly: emergency backup power source.
California Consumer Privacy Act of 2018: sensitive personal information.
The California Consumer Privacy Act of 2018 grants to a consumer various rights with respect to personal information that is collected by a business, including the right to direct a business that collects sensitive personal information about the consumer to limit its use of the consumer’s sensitive personal information, as defined, to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform certain other services, and as authorized by certain regulations. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency and vests the
agency with full administrative power, authority, and jurisdiction to enforce the CCPA.
Existing law provides that sensitive personal information that is publicly available, as defined, is not considered sensitive personal information or personal information.
This bill would remove that provision regarding publicly available sensitive personal information.
This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law requires residential care facilities for the elderly to have an emergency and disaster plan and requires the plan to include specified elements, including plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. A violation of these provisions is punishable as a misdemeanor.
This bill, which would take effect on January 1, 2027, would require commencing January 1,
2030, a for-profit residential care facility for the elderly licensed to provide care for 16 or more residents in an assisted living unit, as defined, to have an alternative source of power, as defined, to protect residents’ health and safety for no fewer than 72 hours during any type of power outage. The bill would make that provision applicable to a nonprofit residential care facility for the elderly that provides care for 16 or more residents in an assisted living unit commencing January 1, 2032. The bill would impose specific compliance requirements based on whether the facility uses a generator as its alternative source of power, or batteries or a
combination of batteries in tandem with a renewable electrical generation facility. The bill would authorize a civil penalty, as specified, for a facility that fails to comply with these requirements, and would authorize the department to suspend or revoke the licensee’s license and permanently revoke a licensee’s ability to operate or act as an administrator of a facility anywhere in the state. The bill would specify that, for facilities with more than assisted living facilities, these requirements only apply to the assisted living portion of the facility.
This
bill would require a facility licensed to provide care for 16 or more residents in an assisted living unit to comply with these requirements and include information regarding the alternative source of power within the emergency and disaster plan beginning January 1, 2030, for a for-profit facility, and beginning January 1, 2032, for a nonprofit facility.
By
expanding the scope of an existing crime, the 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.