OVERRIDE DETECTED: At long last, Congress is making headway on data privacy protections. But it could come at a cost: state privacy laws.
The bill in question, the American Data Privacy and Protection Act, would set sweeping national data privacy regulations — and wipe out many of the rules that states have passed to safeguard people’s data in the absence of federal law.
That is especially significant to California, which has some of the nation’s strictest laws — including one passed by voters in 2020 — and the country’s only dedicated privacy regulator.
Cue the backlash: Even before the bill was taken up in committee, Gov. Gavin Newsomsent a letter urging for amendments that would protect California’s privacy laws. Attorney General Rob Bontasigned onto a letter with nine other states’ attorneys general asking for the preemption clause specifically to be amended. And the California Privacy Protection Agency this week sent a letter officially opposing the bill and calling for amendments that would let states enforce additional or more strict privacy regulation on top of federal law.
The federal bill is still up for debate. Making it out of the House Energy and Commerce Committee at the end of July was a big step, but it hasn’t left the House. And even if it does, it could face tough opposition in the Senate. Sen. Maria Cantwell (D-Wash.), who chairs the Senate Commerce Committee, is not backing the bill. Without her support, it’s unlikely to pass.
Federal lawmakers have made some concessions to states, such as carveouts protecting California’s private right of action following data breaches, but the bill would cut off broader state efforts to protect residents’ data privacy. And while some California representatives voted to pass it in committee, many highlighted the preemption clause as a key concern, and two California lawmakers — Reps. Anna Eshoo and Nanette Barragán — voted against it.
The bill could head to the House floor after the August recess. In the meantime, expect California pressure against the bill, as written, to mount.
Chris Thompson, a board member of California’s new privacy agency, noted at a special meeting that the state had been creating privacy policy for years, “while the federal government has just been putting its shoes on to get involved.”
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DROUGHT TOUR: Top federal officials toured California today in the middle of a deepening crisis on the dwindling Colorado River, which feeds cities and farms throughout the Southwest. The choice is noteworthy because the feds this week punted on a decision to divvy up forced cuts among the seven states that rely on water from the river — and California, with its senior water rights and huge agricultural industry, is a linchpin in the ongoing negotiations. Interior Secretary Deb Haaland and Bureau of Reclamation Commissioner Camille Calimlim Touton were in Irvine today to tout new funding for water recycling projects throughout the state. There’s more federal money set aside to deal with the drought on the way — and though Touton said no decisions had yet been made on the details, she seemed open to the idea of giving money to farmers who may have to fallow their fields as a result of forced cuts.
EASY AS ABC: A Democratic-led push to require students to go to kindergarten is now just a vote away from heading to Newsom’s desk. The state Assembly today passed Sen. Susan Rubio’s (D-Baldwin Park) SB 70, which would do just that. The bill would require the 5 percent of public school students who go straight to first grade to attend either private or public kindergarten, starting in the 2024-25 school year. The state Senate, which already passed the bill, just needs to agree to minor amendments for the bill to clear the Legislature.
Supporters — who include heavyweights like the Los Angeles Unified School District and the California Teachers Association — have argued an expected infusion of 30,000 students into public schools would help stave off enrollment declines and better prepare children for first grade. But the bill has faced pushback from Republican lawmakers and the California Homeschool Network, which has bemoaned the bill’s “increase in government spending” and “removal of parents’ rights to make educational choices for their children.” That parental choice argument was apparently persuasive to then-Gov. Jerry Brown in 2014, when he vetoed a similar proposal on the same grounds. But this wouldn’t be a groundbreaking move for California; 19 other states and Washington, D.C. already require kindergarten attendance. — Blake Jones
MENTAL HEALTH CRISIS: Newsom and First Partner Jennifer Siebel Newsom made a visit to a Fresno high school this morning to highlight the state’s focus on youth mental health — which is in a state of critical concern following years of pandemic stress and school closures. The Newsom administration estimates about 1 in 10 kids between the ages of 12 and 17 suffered from at least one major depressive episode in the last year, and suicide rates for California youth ages 10 to 18 increased by 20 percent from 2019 to 2020.
The governor touted California’s recent $4.7 billion investments to boost coverage options and public awareness. The funding creates new virtual platforms and establishes a new pipeline for the mental health workforce that will add up to 40,000 new mental health workers in the state, according to the governor’s office.
“These California workers were hit hard by COVID-19, new study shows,” by the Los Angeles Times’ Rong-Gong Lin II and Luke Money: “Employees in the public transit and air industries were far more likely to have COVID-19 outbreaks at their worksites compared with workers in general, the study found.”
“And compared with employees in all industries, workers for bus and rail services were twice as likely to die from COVID-19.”
“‘Workers in public transportation industries are at higher risk for COVID-19 workplace outbreaks and mortality than the general worker population in California and should be prioritized for COVID-19 prevention strategies, including vaccination and enhanced workplace protection measures,’ the report said.”
“Frustration spurs California parents to run for school boards,” by CalMatters’ Joe Hong: “Some are motivated by national controversies, such as critical race theory and LGBTQ+ education. Others want to make sure the record amount of money pouring into California schools benefits students directly. According to the California School Boards Association, about half of the approximately 5,000 school board seats in the state are up for election this year, but there’s no official count of how many parents are running for these offices that have drawn so much ire during the pandemic.”
“‘It’s clear that we’re really investing in our public schools,’ said Taylor Kayatta, a parent and school board candidate in Sacramento. ‘Whatever money we’re making this year should be spent on this year’s students. I don’t like the idea of putting money away just to put it away.’”
Compiled by Sakura Cannestra.
— “New data shows 20,000 people will be homeless in San Francisco this year,” by the San Francisco Chronicle’s Kevin Fagan and Mallory Moench.
— “Inflation makes recovery from California fires and other disasters more difficult,” by NPR’s Kirk Siegler and Liz Baker.
— “A dog got monkeypox in first known case of human-to-animal transmission,” by the Los Angeles Times’ Rong-Gong Lin II and Luke Money.
