BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1002 (Yee) - Public records: electronic format.
Amended: April 9, 2012 Policy Vote: Judiciary 3-0
Urgency: No Mandate: Yes
Hearing Date: May 14, 2012 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 1002 would prohibit a public agency, when
responding to a request for disclosure of electronic documents
pursuant to the California Public Records Act (PRA), from
charging the requestor for data extraction, compilation,
programming, or data conversion, as specified. This bill would
establish the California Open Data Standard, which would provide
open format standards for public agencies that are required to
make electronic data available to the public.
Fiscal Impact:
Major cost pressure potentially in the millions of
dollars (General Fund) across various state and local
agencies to purchase open source software and complete
conversion of electronic data into open format, as
specified.
Significant annual ongoing loss of revenue potentially
in the millions of dollars (General Fund) annually to state
and local agencies for lost reimbursement of costs due to
restrictions on cost recovery for PRA requests.
Any impact to local agencies for increased costs or loss
of revenue would likely result in state reimbursement to
local agencies for costs mandated by the state.
Background: Existing law requires a public agency to make
non-exempt electronic public records available in any electronic
format in which it holds the information or, if requested, in an
electronic format used by the agency to create copies for its
own or other agencies' use. Existing law also authorizes a
public agency to charge to the requestor the direct cost of
producing the electronic public record. The requestor of an
electronic public record must also pay the cost of producing a
copy of the record, including the cost to construct the record,
or the costs of data compilation, extraction, or programming to
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produce the record if certain conditions apply.
Proposed Law: This bill would provide that a state or local
agency may not charge a requestor of public information for the
cost of any of the following:
For data extraction, when the agency is exercising an
exemption. Extraction shall not include the redaction of
exempt information from an electronic record.
For extraction, compilation, programming, or conversion
of data to a different medium if the task is initiated by,
and performed for the benefit of, the agency.
This bill would also provide that at the request of a person, an
agency may provide an electronic record in a format in which the
text in the electronic record is searchable by commonly used
software if the agency does not already have the electronic
record in a searchable format. The requestor shall bear the cost
of converting the electronic record into a searchable format,
including the cost of programming and computer services
necessary to produce the electronic record.
This bill would also establish the California Open Data
Standard, as follows:
Whenever a state or local agency is required by law to
make electronic data/document available on the internet or
to the public, the data or document shall be provided in an
open format.
Defines "open format" to mean all of the following:
o The data can be located and downloaded by
open-source software or public internet applications that
are available for free, or both;
o The data or the text in the document is machine
readable and can be searched, indexed, organized,
categorized, and is otherwise automatically processable;
o The data/document is available without restrictions
that would impede the use of the information;
o The data/document maintains the integrity of
databases and all associated relationships or mappings
between data or content;
o The data/document provides data granularity,
definitions, and structured formats in the original
quality available to the state or local agency.
Defines "open source software" as computer software that
is provided under a free software license that permits
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users to study, change, improve, and distribute software.
Provides that this section shall not be construed to
require a state or local agency to convert data or a
document into an open format or update its software or
hardware.
Prior Legislation: AB 2799 (Shelley) Chapter 982/2000 requires
public agencies, upon request, to disclose electronic records in
an electronic format in which the agency holds information or in
a format that has been used by the agency to create copies for
its own use or for other public agencies.
Staff Comments: This bill could potentially result in major
costs to the state, consisting of both costs to state agencies
as well as state-reimbursable costs to local agencies.
It is unclear under the bill's provisions what would be required
for agencies to comply with under the "open data standard" or
under what circumstances reimbursement for costs would be
provided. To the extent state and local agencies interpret the
provisions of the bill to require conversion of documents into
open format, this bill would result in major cost pressure in
the millions of dollars statewide to purchase open source
software and convert electronic documents.
Additionally, this bill limits the ability of state and local
agencies to charge requestors for the costs of data extraction
or for the costs of extraction, compilation, programming, or
conversion of data to a different medium if the task is
initiated by, and performed for the benefit of, the agency. If
an agency were to provide a document in open format per request
as authorized under Government Code (GC) section 6253.9(f),
although the same provision requires the requestor to bear the
cost of converting the document including programming and
computer services necessary to produce the record, it would
appear that the newly created paragraph GC section 6253.9(c)(2)
restricts the charging of costs to a requestor for compilation,
programming, or conversion of data if the task is initiated by,
and performed for the benefit of, the agency. It could be argued
that the agency would not be eligible for reimbursement of these
costs by virtue of moving towards compliance with the new
California Open Data Standard established under Chapter 3.6 if
interpreted as a benefit for the agency.
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