BILL NUMBER: SB 573 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE MAY 5, 2015
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 amended, 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 July
1, 2016, to appoint a Chief Data Officer, who a Chief
Data Officer to be appointed by the Governor, on or before
July 1, 2016, subject to Senate confirmation. The Chief Data Officer
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 publish a summary listing of all
of its available data sets on the portal and
portal. The bill would also require state agencies identified by the
Chief Data Officer 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
proposed 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. For purposes of this chapter, data.ca.gov may be
utilized as the statewide open data portal.
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. a Chief Data Officer shall be
appointed by the Governor, subject to Senate confirmation.
(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. The
Chief Data Officer may elect to utilize data.ca.gov to satisfy the
requirements of this section.
(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, available
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, 2018,
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,
state agencies' data coordinators, 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
state agencies identified by the Chief Data Officer
shall appoint a data coordinator who shall be responsible for
compliance with this section. chapter.
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 shall publish its inventory on the statewide open
data portal and may additionally publish its inventory on its own
Internet Web site. 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
100 percent of its data sets.
(F) Each agency shall update any published data sets as necessary.
(g) Agencies are authorized to apply for and accept public,
private, and not-for-profit funding for the purpose of developing,
implementing, or managing the statewide open data portal
infrastructure and software pursuant to this chapter. These funds
shall be expended for this purpose upon appropriation by the
Legislature.