20250AB__132694ENR INTRODUCED 2025-02-21 AMENDED_ASSEMBLY 2025-03-24 AMENDED_ASSEMBLY 2025-04-03 AMENDED_SENATE 2025-08-20 AMENDED_SENATE 2025-09-02 PASSED_ASSEMBLY 2025-09-09 PASSED_SENATE 2025-09-08 ENROLLED 2025-09-11 2025 AB ENR Introduced by Assembly Member Ahrens (Coauthors: Senators Becker and Rubio) LEAD_AUTHOR ASSEMBLY Ahrens COAUTHOR SENATE Becker COAUTHOR SENATE Rubio

An act to add

Chapter 26 (commencing with

Section 28050) to Division of the Health and Safety Code, relating to personal protective equipment. personal protective equipment Health masks: right to wear. Existing law sets forth various provisions on the wearing of a mask for health purposes.

These circumstances include, among others, a statewide stockpile of personal protective equipment (PPE) in the event of a pandemic, wildfire smoke event, or other health emergency; employer-supplied PPE to employees who provide direct patient care in a general acute care hospital; employees of commercial cannabis businesses wearing a mask for respiration; and providing peace officers with an appropriate portable manual mask and airway assembly for use when applying cardiopulmonary resuscitation to prevent the spread of communicable disease.

Under this bill, an individual would have the right to wear a health mask on their face in a public place for the purpose of protecting their individual health or the public health, with regard to communicable disease, air quality, or other health factors. The bill would define a health mask and a public place for purposes of this provision.

Under the bill, the above-described right would not be construed as limiting or otherwise modifying the application or implementation of certain requirements for the removal of a health mask relating to, among other contexts, security protocols to identify an individual, essential functions in the workplace, or emergency health care protocols, as specified, without limiting certain nondiscrimination protections on the basis of disability or medical condition. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Chapter 26 (commencing with

Section 28050) is added to Division of the Health and Safety Code , to read: 26. Right to Wear a Health Mask 28050. For purposes of this chapter, the following

definitions apply: (a) “Health mask” means a medical grade mask that is surgical or an N95 or KN95 respirator to prevent the transmission of infections. (b) “Public place” means any of the following:

(1) A place of business that is open to the general public for the sale of goods or services.

(2) Another place of public accommodation, as defined in

Section 2000a of Title of the United States Code, or within the scope of entities that are subject to

Section of the Civil Code.

(3) A governmental or public building or place open to the general public.

(4) A street, road, plaza, park, or other outdoor space open to the general public.

(5) A mode of public transportation.

(6) A clinic, a hospital or other health facility, a care facility, or other health care setting.

(7) An academic institution or other educational setting.

(8) An employment setting or other workplace.

(9) Any other location that is open to the general public. 28051. An individual has the right to wear a health mask on their face in a public place for the purpose of protecting their individual health or the public health, with regard to communicable disease, air quality, or other health factors, subject to any limitations described in this chapter. 28052.

Section shall not be construed as limiting or otherwise modifying the application or implementation of any of the following: (a)

(1) Any requirement to temporarily remove a health mask for identification purposes as part of any of the following: (

A) Security regulations, procedures, or protocols under federal law, such as passenger screening at airports. (

B) Security regulations, procedures, or protocols under state law, such as photograph processing for a driver’s license or identification card. (

C) The policy of a public place if identification of an individual is required for entry into the public place and removal of the health mask is necessary for that identification, such as age verification at certain nightclubs or other establishments serving alcohol.

(2) To the extent not in conflict with federal law, paragraph (1) shall be construed in the narrowest and most restrictive manner possible, with the removal of the health mask being limited to a temporary and momentary basis for identification purposes only upon entry and not as a justification for requiring prolonged removal of the health mask within the public place if no longer necessary for the identification described in paragraph (1). (

b) Any requirement to avoid obstruction of vision while operating a vehicle. It is the intent of the Legislature that a health mask worn as described in this

chapter is in the form of covering an individual’s mouth and nose and not an individual’s eyes. (c)

(1) Any requirement, imposed on an employee or worker in an employment setting or other workplace, to remove a health mask in order to perform the employee’s or worker’s essential functions. For purposes of this subdivision, “essential functions” has the same meaning as defined in

Section of the Government Code and is applicable whether or not the employee or worker has a disability.

(2) To the extent not in conflict with federal law, paragraph (1) shall be construed in the narrowest and most restrictive manner possible, with a requirement on removal of a health mask not to be used as a justification for requiring prolonged removal of the health mask in the employment setting or other workplace if the removal is unnecessary for the purpose described in paragraph (1). (

d) Section 6403.7 of the Labor Code, if Assembly Bill No. 596 of the 2025–26 Regular Session is chaptered and adds that section. (

e) Any health care protocols to remove a health mask as necessary to access an individual’s face in order to perform a health care treatment or procedure on an emergency basis. (

f) Section of the Penal Code. (

g) California Occupational Safety and Health Act of 1973 (Part 1 (commencing with

Section 6300) of Division of the Labor Code) and Title of the California Code of Regulations. (

h) Any safety or security procedures for the facilities of the Department of Corrections and Rehabilitation. 28053.

Section shall not be construed as limiting or otherwise modifying the application or implementation of any nondiscrimination protections on the basis of disability or medical condition, including, but not limited to, applicable protections set forth in the following provisions: (

a) The federal Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12101 et seq.). (

b) Section of the federal Rehabilitation Act of 1973 (29 U.S.C.

Sec. 794). (

c) The Unruh Civil Rights Act (Section of the Civil Code). (

d) Section of the Government Code.