BILL NUMBER: SB 573	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pan

                        FEBRUARY 26, 2015

   An act to add Chapter 7.7 (commencing with Section 11795) to Part
1 of Division 3 of Title 2 of the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 573, as introduced, Pan. Statewide open data portal.
   Existing law, the California Public Records Act, requires state
and local agencies to make their records available for public
inspection, unless an exemption from disclosure applies. The act
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. Existing law also requires every public agency
to comply with the California Public Records Act and with any
subsequent statutory enactment amending the act, or enacting or
amending any successor act.
   This bill would require the Governor, on or before January 1,
2016, to appoint a Chief Data Officer, who would report to the
Secretary of Government Operations. The bill would require the Chief
Data Officer to, among other things, create the statewide open data
portal, as defined, to provide public access to data sets from
agencies within the state. The bill would require each agency, as
defined, to appoint a data coordinator, who would be responsible for
compliance with these provisions. The bill would require any data
published on the statewide open data portal or other open data portal
operated by an agency to comply with all state and federal privacy
laws and regulations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 7.7 (commencing with Section 11795) is added to
Part 1 of Division 3 of Title 2 of the Government Code, to read:
      CHAPTER 7.7.  STATEWIDE OPEN DATA PORTAL


   11795.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Agency" means, but is not limited to, a state agency,
authority, board, bureau, commission, council, department, division,
or office.
   (b) "Data set" means any information comprising a collection of
information held in electronic form where all or most of the
information in the collection has been obtained or recorded for the
purpose of providing an agency with information in connection with
the provision of a service by the agency or the carrying out of any
other function of the agency, is factual information that is not the
product of analysis or interpretation other than calculation, and
remains presented in a way that has not been organized, adapted, or
otherwise materially altered since it was obtained or recorded.
   (c) "Inventory" means a summary listing of all available data sets
within an agency. The listing shall include, but is not limited to,
a descriptive title of the data set as well as a brief informative
description of what information may be found within the data set.
   (d) "Open data roadmap" means a strategic plan describing the
process by which 100 percent of the data held by an agency will be
made publicly available, subject to any state or federal law or
regulation relating to privacy. The roadmap shall include, but is not
limited to, an agency's data inventory, a concrete timeline for the
release of data sets on a statewide or agency basis, and a
methodology for compliance with any state or federal law or
regulation relating to privacy.
   (e) "Statewide open data portal" means a centralized data Internet
Web site, with the ability to display and export data published from
state agencies.
   11795.1.  (a) There is in state government an executive officer
known as the Chief Data Officer, who shall report to the Secretary of
Government Operations.
   (b) On or before June 1, 2016, the Governor shall appoint the
Chief Data Officer.
   (c) (1) On or before October 1, 2016, the Chief Data Officer shall
create an inventory of all available data in this state.
   (2) (A) On or before January 1, 2017, the Chief Data Officer
shall, in cooperation with the Department of Technology, create a
statewide open data portal that is accessible to the public.
   (B) The Chief Data Officer shall publish a listing of all data
that may be provided to the public, subject to any state or federal
privacy laws or regulations, including, but not limited to, privacy
provisions in the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) and the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. Sec. 300gg).
   (C) The Chief Data Officer shall, after each agency assesses its
data inventory, create a statewide open data roadmap and shall
publish the open data roadmap on the statewide open data portal.
   (D) On or before June 1, 2017, the Chief Data Officer shall ensure
that at least 150 data sets have been published on the statewide
open data portal.
   (E) The statewide open data portal shall include a link to the
Internet Web site of any agency that publishes its data on that site
pursuant to subparagraph (B) of paragraph (3) of subdivision (f),
including a link to any existing open data Internet Web site,
including, but not limited to https://bythenumbers.sco.ca.gov/ and
https://chhs.data.ca.gov/.
   (F) The Chief Data Officer shall make the statewide open data
portal available, at no cost, to any city, county, city and county,
district, or other local agency interested in using the statewide
open data portal to publish its own data. Any data published by a
city, county, city and county, district, or other local agency shall
comply with all state or federal privacy laws or regulations,
including, but not limited to, privacy provisions in the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1) and the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
   (3) Notwithstanding Section 10231.5, on or before January 1, 2017,
and each year thereafter, the Chief Data Officer shall publish a
progress report for open data within the state. The progress report
shall include, but is not limited to, an assessment of outcomes from
the implementation of this section, innovation of the statewide open
data portal, whether there has been any cost savings as a result of
implementation of this section, and an assessment of agency
collaboration.
   (d) On or before January 1, 2017, in consultation with the
Attorney General, the Chief Data Officer shall publish a set of
guidelines for use by each agency. The guidelines shall include, but
are not limited to, definitions and assessments of security, privacy,
and legal concerns related to the creation of an inventory and
publication of data.
   (e) On or before October 1, 2016, the Chief Data Officer shall
create an open data working group. The open data working group shall
consist of each agency's data coordinator, appointed pursuant to
paragraph (1) of subdivision (f), and shall be headed by the Chief
Data Officer. The open data working group shall meet at least
quarterly, and shall do, but is not limited to, all of the following:

   (1) Assess progress on the open data roadmap.
   (2) Discuss and recommend statewide policies and guidelines.
   (3) Share best practices across agencies.
   (4) Coordinate data sharing between agencies.
   (f) (1) On or before August 1, 2016, each agency shall appoint a
data coordinator who shall be responsible for compliance with this
section. The data coordinator may appoint a data steward for each
data set the agency intends to publish.
   (2) On or before October 1, 2016, each agency shall identify any
data set within the agency and shall transmit the inventory to the
Chief Data Officer in the form he or she prescribes.
   (3) (A) On or before November 1, 2016, each agency shall create a
plan for publication of any inventory that may be published.
   (B) The agency may publish its inventory on its own Internet Web
site, or may utilize the statewide open data portal. If the agency
chooses to publish the inventory on its own Internet Web site, the
agency shall include on that site a link to the statewide open data
portal site.
   (C) Any inventory published by an agency shall comply with all
state and federal privacy laws and regulations, including, but not
limited to, privacy provisions in the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1)
and the Health Insurance Portability and Accountability Act of 1996
(42 U.S.C. Sec. 300gg).
   (4) (A) On or before January 1, 2018, each agency shall have
published at least 10 percent of its data sets.
   (B) On or before January 1, 2019, each agency shall have published
at least 35 percent of its data sets.
   (C) On or before January 1, 2020, each agency shall have published
at least 65 percent of its data sets.
   (D) On or before January 1, 2021, each agency shall have published
at least 90 percent of its data sets.
   (E) On or before January 1, 2022, each agency shall have published
at least 100 percent of its data sets.
   (F) Each agency shall update any published data sets as necessary.