Bill Text: CA AB740 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of General Services: drone cybersecurity.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2024-02-01 - Filed with the Chief Clerk pursuant to Joint Rule 56. [AB740 Detail]
Download: California-2023-AB740-Introduced.html
Bill Title: Department of General Services: drone cybersecurity.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2024-02-01 - Filed with the Chief Clerk pursuant to Joint Rule 56. [AB740 Detail]
Download: California-2023-AB740-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 740
| Introduced by Assembly Member Gabriel |
February 13, 2023 |
An act to add Article 9 (commencing with Section 14718) to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government Code, relating to information security.
LEGISLATIVE COUNSEL'S DIGEST
AB 740, as introduced, Gabriel.
Department of General Services: drone cybersecurity.
Existing law requires the Department of General Services to perform a variety of duties in connection with the acquisition of goods and services by state agencies, and requires the department to issue rules and regulations in administering its duties.
This bill would require the department, in consultation with the Chief of the Office of Information Security, to adopt rules and regulations, no later than January 1, 2025, to ensure that unmanned aircraft used by a government entity, as defined, in part, to include local governmental entities, for any purpose meet appropriate safeguards to ensure the confidentiality, integrity, and availability of any data collected, transmitted, or stored by that unmanned aircraft. By January 1, 2026, the bill would require any government entity to discontinue the use of unmanned aircraft not
in compliance with these regulations. The bill would require the regulations to apply to unmanned aircraft operated under contract between a government entity and a third party, as provided. By requiring these regulations to apply to local governmental agencies, this bill would establish a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 9 (commencing with Section 14718) is added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government Code, to read:Article 9. Drone Cybersecurity
14718.
(a) As used in this section, the following terms apply:(1) “Government entity” includes state agencies, the California State University, cities, counties, cities and counties, and political subdivisions thereof.
(2) “Unmanned aircraft” shall have the same meanings as under Section 853.5.
(b) No later than January 1, 2025, the department, in consultation with the Chief of the Office of Information Security, shall adopt rules and regulations to ensure that unmanned aircraft used by a government entity for any purpose meet appropriate safeguards to ensure the confidentiality, integrity, and availability of any data
collected, transmitted, or stored by that unmanned aircraft. The department may consult state and federal agencies and departments and any relevant federal guidance in developing these rules and regulations.
(c) Beginning on the date the department adopts the rules and regulations under subdivision (b), a government entity shall only use an unmanned aircraft that complies with all of the requirements set by those rules and regulations.
(d) (1) By July 1, 2025, a government entity that uses unmanned aircraft not in compliance with the rules and regulations shall submit to the department a comprehensive plan for discontinuing the use of the noncompliant unmanned aircraft.
(2) The department shall adopt rules and regulations identifying the requirements of the comprehensive plan required under this
subdivision, which shall include ensuring the confidentiality, integrity, and availability of any data collected, transmitted, or stored by unmanned aircraft, the use of which is discontinued under this section.
(3) By January 1, 2026, each government entity shall discontinue the use of any unmanned aircraft that does not comply with the rules and regulations adopted under subdivision (b). Upon approval by the department, each government entity that submitted a comprehensive plan under paragraph (1) shall execute that plan.
(e) (1) The requirements of this section shall apply to unmanned aircraft purchased or otherwise acquired by a government entity, as well as to unmanned aircraft used by a government entity pursuant to a contractual arrangement or other agreement with a third party, regardless of whether the unmanned aircraft is operated by the government
entity or by the third party.
(2) This subdivision shall only apply to contracts entered into, amended, or renewed on or after the effective date of this section.
