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 SB 1002 (Yee) Page 1 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 SB 1002 (Yee) Page 2 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. SB 1002 (Yee) Page 3