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