BILL NUMBER: AB 1215 AMENDED
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Ting
FEBRUARY 27, 2015
An act to add Chapter 5.8 (commencing with Section 11549.30)
to Part 1 of Division 3 of Title 2 of the Government Code,
relating to open government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1215, as amended, Ting.
California Open Data Standard.
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,
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.
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.
This bill would state the intent of the Legislature to enact
legislation to strengthen the state's commitment to an open and
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(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.
(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.
(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.
(d) Ensuring the quality and consistency of public data is
essential to maintaining its value and utility.
(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.
SEC. 2. Chapter 5.8 (commencing with Section
11549.30) is added to Part 1 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 5.8. THE CALIFORNIA OPEN DATA ACT
Article 1. General Provisions
11549.30. This chapter shall be known and may be cited as the
California Open Data Act.
11549.32. 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 2. Chief Data Officer
11549.34. 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
11549.36. (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 3. Open Data Standard
11549.38. (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
(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.
11549.40. The Chief Data Officer may establish policies,
standards, and guidelines to implement the California Open Data
11549.42. 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
11549.44. (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 4. Compliance
11549.46. (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
(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
(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
Article 5. Legal Policies
11549.48. (a) The Chief Data Officer shall post the legal
policies for the California Open Data Standard on the Internet Web
(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.
SECTION 1. It is the intent of the Legislature
to enact legislation to strengthen the state's commitment to an open
and transparent government.