BILL ANALYSIS Ó AB 1215 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW Rudy Salas, Chair AB 1215 (Ting) - As Amended March 26, 2015 SUBJECT: California Open Data Standard SUMMARY: Establishes the position of Chief Data Officer (CDO) in state government and creates the California Open Data Standard (Standard) for state agencies to make public data available on an Internet Web portal. Specifically, this bill: 1)Creates the CDO to be appointed by the Governor and reportable to the Secretary of Government Operations. 2)Directs the CDO to create an inventory of all available public data in the state and to set up an Internet Web portal at data.ca.gov. for purposes of this bill. 3)Requires the CDO to establish the Standard for state agencies to make public data available and allows local government entities to adopt the Standard. 4)Directs the CDO to consult with subject matter experts from all state agencies and other specified stakeholders in establishing the Standard. AB 1215 Page 2 5)Requires the Standard to meet various specified requirements relating to the format of public data; updates to public data; availability of public data; and, the ability of public data to be electronically searched. 6)Authorizes the CDO to establish policies, standards, and guidelines to implement the Standard. 7)Directs the CDO to establish a Data Working Group, composed of data coordinators from each state agency and other specified members, by July 1, 2016. 8)Requires the CDO to prepare and publish a technical standards manual that meets specified requirements for publishing public data by March 1, 2016. 9)Specifies that the CDO must consult with specified types of entities in the development of technical and open standards whenever feasible. 10)Requires a state agency that is unable to comply with the requirements of this bill to provide the CDO with all the public data it is unable to make available; the reasons why it is unable to do so; and, the date by which it expects the public data to be made available on the Internet Web portal. 11)Directs each state agency, in collaboration with the CDO, to formulate and submit strategic plans containing specified information to the CDO no later than July 1, 2016, and to make those plans available to the public on the Internet Web portal. AB 1215 Page 3 12)Requires the CDO to post the legal policies for the Standard on the Internet Web portal and establishes various legal policies governing the use of the public data provided pursuant to this bill. 13)Defines various terms for purposes of this bill, including that "public data" means all data collected by a state agency in pursuit of its responsibilities that is otherwise subject to disclosure under the California Public Records Act (CPRA). 14)Makes numerous legislative findings and declarations relating to the value and utility of public data compiled and maintained by state agencies and the importance of statewide open data policies. EXISTING LAW enacts the CPRA which expressly declares that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state" and generally requires governmental records to be disclosed to the public, upon request, unless an agency is exempted from doing so for a specific reason. FISCAL EFFECT: Unknown COMMENTS: According to the author, this bill creates the California Open Data Act to make more information about state government freely available for everyone to access, analyze, and re-publish without restrictions. It establishes the CDO, appointed by the Governor, to preside over the development and implementation of a centralized online information portal for state agencies to submit standardized data for the public to access. AB 1215 Page 4 This bill also requires each state entity to appoint a data coordinator to ensure the transfer of information and directs the CDO to consult with numerous stakeholders to develop standards for the types of data agencies should provide and in what format. State agencies would be required to submit strategic plans about their public data to the CDO and take specified actions if they are unable to make all public data available on the open data portal. The sponsor, Data Transparency Coalition, adds that a statewide open data policy places the onus on the government to share public information for free and helps institutionalize a culture of open government within the state to fully capture the intent of what it means to have public records. RELATED LEGISLATION: SB 573 (Pan), currently pending in the Senate Committee on Governmental Organization, creates a CDO in state government and establishes a statewide open data portal that is accessible to the public. DOUBLE-REFERRAL: Should this bill pass this committee, it will be referred to the Assembly Committee on Privacy and Consumer Protection. REGISTERED SUPPORT / OPPOSITION: Support Data Transparency Coalition (sponsor) Opposition None on file AB 1215 Page 5 Analysis Prepared by:Cassie Royce / A. & A.R. / (916) 319-3600