Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1215

Introduced by Assembly Member Ting

February 27, 2015

An act begin insert to add Chapter 5.8 (commencing with Section 11549.30) to Part 1 of Division 3 of Title 2 of the Government Code, end insert relating to open government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1215, as amended, Ting. begin delete Open government. end delete begin insert California Open Data Standard. end insert

begin insert

Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects in state government by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures.

end insert begin insert

This bill would enact the California Open Data Act and create the position of the Chief Data Officer, who would be appointed by, and serve at the pleasure of, the Governor, and report to the Secretary of Government Operations. This bill would require the Chief Data Officer to establish the California Open Data Standard, as specified, and require state agencies to make public data, as defined, available on an Internet Web portal pursuant to that standard. This bill would authorize a local government to adopt that standard. This bill would require the Chief Data Officer to create a Data Working Group, composed of data coordinators from specific state agencies and 2 individuals with expertise in open data information technology, who are appointed by and serve at the pleasure of, the Chief Data Officer. This bill would further require each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. This bill would also require specified legal policies for public data to be posted on the Internet Web portal. This bill would make legislative findings and declarations relating to this act.

end insert begin delete

Existing law requires, with specified exceptions, that all meetings of state and local government entities be open and public and that all persons be permitted to attend and participate. Existing law also requires that public records be open to inspection at all times during the office hours of a state or local government entity and that every person has a right to inspect any public record, except as specifically provided.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(a) State agencies contain great amounts of valuable information
and reports on all aspects of life for Californians, including, but
not limited to, health, business, public safety, labor data,
transportation, parks, and recreation.

end insert begin insert

(b) New information technology has fundamentally changed the
way people search for, and expect to find, information, and can
aggregate large quantities of data to allow the state to provide
information to the public with increasing efficiency and
thoroughness.

end insert begin insert

(c) The state can use these powerful information technology
tools to enhance public access to public data, thus making the state
more transparent and promoting public trust.

end insert begin insert

(d) Ensuring the quality and consistency of public data is
essential to maintaining its value and utility.

end insert begin insert

(e) It is the intent of the Legislature by this act to establish an
open data policy for state agencies to post public data directly
onto a central online Internet Web site at data.ca.gov and provide
a single-stop access to public data that is owned, controlled,
collected, or maintained by state agencies.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 5.8 (commencing with Section 11549.30) is
added to Part 1 of Division 3 of Title 2 of the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 5.8. end insert The California Open Data Act

 

Article begin insert 1. end insert   General Provisions

 

begin insert 11549.30. end insert   

This chapter shall be known and may be cited as
the California Open Data Act.

begin insert 11549.32. end insert   

Unless the context requires otherwise, the following
definitions shall apply to this chapter:

(a) “Public data” means all data that is collected by a state
agency in pursuit of that state agency’s responsibilities that is
otherwise subject to disclosure pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1).

(b) “State agency” has the same meaning as in Section 11000.

(c) “Strategic enterprise application plan” means a
comprehensive program developed by a state agency, articulating
both principles and goals related to the application of its services
and programs to the current and future needs of enterprise in the
state.

(d) “Strategic plan” means a state agency’s evaluation, over a
period of up to five years, of its strategy and direction, including,
but not limited to, a framework for decisionmaking with respect
to resource allocation to achieve defined goals.

 

Article begin insert 2. end insert   Chief Data Officer

 

begin insert 11549.34. end insert   

There is in state government the Chief Data Officer,
who shall be appointed by, and serve at the pleasure of, the
Governor. The Chief Data Officer shall report to the Secretary of
Government Operations.

begin insert 11549.36. end insert   

(a) The Chief Data Officer shall create an inventory
of all available public data in the state.

(b) The Chief Data Officer shall establish an Internet Web portal
at data.ca.gov to achieve the purposes of this chapter.

 

Article begin insert 3. end insert   Open Data Standard

 

begin insert 11549.38. end insert   

(a) The Chief Data Officer shall establish the
California Open Data Standard for state agencies to make public
data available. A local government agency may adopt the standard.

(b) In establishing the California Open Data Standard pursuant
to subdivision (a), the Chief Data Officer shall consult with the
subject matter experts from all state agencies, organizations
specializing in technology and innovation, the academic
community, and other interested groups designated by the Chief
Data Officer.

(c) The California Open Data Standard shall include, but not
be limited to, all of the following:

(1) A format that permits public notification of all updates
whenever possible.

(2) Requirements to update public data as often as is necessary
to preserve the integrity and usefulness of public data to the extent
that a state agency regularly maintains or updates public data.

(3) Availability of public data without any registration or license
requirement, or restrictions on the use of public data. Registration
or license requirements, or restriction on the use of public data
do not include measures designed or required to ensure access to
public data, protect the Internet Web site housing public data from
abuse or attempts to damage or impair the use of the Internet Web
site, or analyze the types of public data being accessed to improve
service delivery.

(4) Ability of public data to be electronically searched using
external information technology.

begin insert 11549.40. end insert   

The Chief Data Officer may establish policies,
standards, and guidelines to implement the California Open Data
Standard.

begin insert 11549.42. end insert   

On or before July 1, 2016, the Chief Data Officer
shall create a Data Working Group composed of all the following:

(a) A data coordinator from each agency listed in Section 12800
who shall be appointed by the secretary of the agency.

(b) Two individuals with expertise in open data information
technology, appointed by and who serve at the pleasure of, the
Chief Data Officer.

begin insert 11549.44. end insert   

(a) (1) On or before March 1, 2016, the Chief Data
Officer shall prepare and publish a technical standards manual
for publishing public data through the Internet Web portal by state
agencies for the purpose of making public data available to the
greatest number of users and for the greatest number of
applications and shall, whenever practicable, use open standards
for Internet Web publishing in a machine-readable format.

(2) The manual shall identify the policy for each technical
standard and specify which types of data the standard applies to,
and may recommend or require that public data be published in
more than one technical standard. The manual shall include a
plan to adopt or utilize an Internet Web application programming
interface that permits application programs to request and receive
public data directly from the Internet Web portal. The manual and
related policies may be updated as necessary.

(b) The Chief Data Officer shall consult with organizations
specializing in technology and innovation, the state agencies listed
in Section 12800, academic institutions, and voluntary consensus
standards bodies. Whenever feasible, the Chief Data Officer shall
consult with these types of entities in the development of technical
and open standards.

 

Article begin insert 4. end insert   Compliance

 

begin insert 11549.46. end insert   

(a) A state agency that releases public data shall
do so in compliance with this chapter and on the Internet Web
portal that is linked to data.ca.gov or any successor Internet Web
site maintained by, or on behalf of, the state for the purposes of
this chapter. If a state agency cannot make all public data available
on the Internet Web portal, the state agency shall report to the
Chief Data Officer all the public data it is unable to make
available, state the reasons why it is unable to do so, and the date
by which the state agency expects the public data to be made
available on the Internet Web portal.

(b) Public data shall be made available in accordance with
technical standards established by the Chief Data Officer.

(c) On or before July 1, 2016, each state agency shall submit a
strategic plan and a strategic enterprise application plan consistent
with this chapter to the Chief Data Officer and shall make the
plans available to the public on the Internet Web portal at
data.ca.gov. Each state agency shall collaborate with the Chief
Data Officer in formulating its plans. The strategic plan shall
include all of the following:

(1) A summary description of public data under the control of
the state agency on or after January 1, 2016.

(2) A summary explanation of how its plans, budgets, capital
expenditures, contracts, and other related documents and
information for each information technology and
telecommunications project it proposes to undertake can be utilized
to support the California Open Data Standard and related savings
and efficiencies. The strategic plan shall prioritize public data for
inclusion on the Internet Web portal on or before January 1, 2017,
in accordance with the standards established by the Chief Data
Officer. For purposes of prioritizing public data, a state agency
shall consider whether public data does any of the following:

(i) Increases agency accountability and responsiveness.

(ii) Improves public knowledge of the state agency and its
operations.

(iii) Furthers the mission of the state agency.

(iv) Creates economic opportunity.

(v) Responds to an online demand for the public data.

(vi) Responds to a need or demand identified by public
consultation.

 

Article begin insert 5. end insert   Legal Policies

 

begin insert 11549.48. end insert   

(a) The Chief Data Officer shall post the legal
policies for the California Open Data Standard on the Internet
Web portal.

(b) The Chief Data Officer may establish and maintain an online
forum to solicit feedback from the public and to encourage
discussion on the California Open Data Standard and public data
available on the Internet Web portal.

(c) Use of the public data provided pursuant to this chapter
shall be subject to all of the following legal policies:

(1) Public data available on the Internet Web portal are
provided for informational purposes only. The state does not
warrant the completeness, accuracy, content, or fitness for any
particular purpose or use of any public data made available on
the Internet Web portal, nor are any warranties to be implied or
inferred with respect to the public data furnished pursuant to this
chapter.

(2) The state is not liable for any deficiencies in the
completeness, accuracy, content, or fitness for any particular
purpose or use of any public data or any third-party application
utilizing a public data.

(3) All public data shall be entirely in the public domain for
purposes of applicable copyright laws.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to strengthen the state’s commitment to an open and
transparent government.

end delete