BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1215


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          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.








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          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.








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          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.








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          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
          









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          Analysis Prepared by:Cassie Royce / A. & A.R. / (916) 319-3600