BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 573 (Pan) - Statewide open data portal
          
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          |Version: May 5, 2015            |Policy Vote: G.O. 7 - 1         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 28, 2015      |Consultant: Mark McKenzie       |
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          SUSPENSE FILE. AS AMENDED.




          


          Bill  
          Summary:  SB 573 would require the Governor to appoint a Chief  
          Data Officer (CDO), who would create an inventory of all  
          available data in the state and create a statewide open data  
          portal that is accessible to the public.  The bill would also  
          require all state agencies to appoint a data coordinator and to  
          identify and publish all available data sets on the statewide  
          open data portal by January 1, 2022, pursuant to a specified  
          schedule.
          Fiscal Impact (as approved on May 28, 2015):
            CDO  : Annual staffing costs of approximately $293,000 annually  
            for an appointed Chief Data Officer and one data liaison.   
            (General Fund)
           
           Open data portal  : Costs to create a statewide open data portal  







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            could be as low as $125,000 to update the existing data.ca.gov  
            website, or approximately $234,000 for the Department of  
            Technology to create the portal (General Fund).  Ongoing costs  
            for maintenance and hosting could be in the range of $500,000  
            to $1 million annually.  These operating costs could  
            eventually be spread to participating agencies through the  
            Office of Technology Services rate structure, but would  
            initially be from the General Fund.
           
           State agencies  :  Unknown costs, potentially in the low  
            millions, for over 200 state entities to appoint a data  
            coordinator, identify data sets, and create a plan for data  
            publication.  Additional cost pressures, potentially in the  
            millions, for over 200 agencies to post available data.   
            Actual costs upon full implementation, would vary among state  
            agencies depending on each entity's function and inventory of  
            public data.  For illustrative purposes, the Office of  
            Statewide Planning and Development will spend approximately  
            $220,000 this year on its open data project.  Smaller state  
            entities with limited public data sets would likely incur  
            expenditures in the tens of thousands annually, while larger  
            agencies are likely to incur costs in the hundreds of  
            thousands annually.  (General Fund/Special Funds)  


           Background:  Existing law, the California Public Records 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" 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.  Existing law  
          requires a public agency to make non-exempt electronic public  
          records available in any electronic format in which it holds the  
          information or, if requested, in an electronic format used by  
          the agency to create copies for its own or other agencies' use.   
          Existing law also authorizes a public agency to charge to the  
          requestor the direct cost of producing the electronic public  
          record.  The requestor of an electronic public record must also  
          pay the cost of producing a copy of the record, including the  
          cost to construct the record, or the costs of data compilation,  
          extraction, or programming to produce the record if certain  
          conditions apply.
          California has a centralized data portal at Data.CA.gov. The  
          portal contains state government data from various state  








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          agencies, some of which is in raw, machine-readable formats that  
          can be reformatted and reused in different ways.  According to  
          the Data.CA.gov website, more than 100 million data records are  
          available through the portal including: vital statistics such as  
          population, birth, death, and marriage data; more than 50  
          million data records on education; California port import/export  
          data; state highway traffic data; data on vehicle accidents,  
          fatalities, and injuries; tourism data; water resource data; and  
          geospatial data. The website has a search function for several  
          of the datasets, charts, and graphs.  Some of the datasets are  
          available in variety of open formats including CSV, XLS, KML,  
          TXT, and XML.  



          Some state entities, including four departments within the  
          Health and Human Services Agency and the State Controller's  
          Office, have created their own open data portals. 


          Proposed Law:  
            SB 573 would require the Governor to appoint a CDO by June 16,  
          2016, who reports to the Secretary of Government Operations, and  
          require the CDO to create a statewide open data portal comprised  
          of all state agency data, in cooperation with the Department of  
          Technology.  Specifically, this bill would:
           Require "agencies," defined as including state agencies,  
            authorities, boards, bureaus, commissions, councils,  
            departments, divisions, or offices, to:  
                o      Appoint a data coordinator by August 1, 2016 who is  
                 responsible for compliance with the provisions of the  
                 bill.  The data coordinator may appoint a data steward  
                 for each available data set.  
                o      Identify any data set within the agency by October  
                 1, 2016 and transmit the inventory to the CDO.  
                o      Create a plan for publication of any inventory by  
                 November 1, 2016.  
                o      Publish the inventory on the statewide open data  
                 portal, in compliance with all state and federal privacy  
                 laws and regulations as follows:  
                     §           At least 10 percent of its data sets by  
                      January 1, 2018.  
                     §           At least 35 percent of its data sets by  
                      January 1, 2019.  








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                     §           At least 65 percent of its data sets by  
                      January 1, 2020.  
                     §           At least 90 percent of its data sets by  
                      January 1, 2021.  
                     §           100 percent of its data sets by January 1,  
                      2022.  
            Require the CDO to create an inventory of all available data  
            in the state by October 1, 2016.  
            Require the CDO to create an open data working group,  
            comprised of each agency's data coordinator, by October 1,  
            2016.  The working group would meet at least quarterly to  
            assess progress, discuss and recommend policies and  
            guidelines, share best practices, and coordinate data sharing.  
            Require the CDO, in cooperation with the Department of  
            Technology, to create a statewide open data portal by January  
            1, 2017, and authorize the CDO to use the existing data.ca.gov  
            website for these purposes.  
            Require the CDO, in consultation with the Attorney General, to  
            publish a specified set of guidelines for use by each agency  
            by January 1, 2017.  
            Require the CDO to create a "statewide open data roadmap," as  
            defined, after each agency assesses its data inventory, and  
            publish the open data roadmap on the statewide open data  
            portal.  
            Require the CDO to publish a listing of all data that may be  
            provided to the public, subject to any state or federal  
            privacy laws or regulations, as specified.  
            Require the statewide open data portal to include links to  
            websites of state agencies that publish data on the open data  
            portal.  
           Require the CDO to ensure that at least 150 data sets have  
            been published on the statewide open data portal by June 1,  
            2017.  
            Require the CDO to make the statewide open data portal  
            available, at no cost, to any local agency interested in using  
            the site for publishing its data.  
            Require the CDO to publish an annual progress report for open  
            data within the state, beginning on January 1, 2018, that  
            includes an assessment of outcomes, innovations, and state  
            agency collaboration, and  whether there have been resulting  
            costs savings.  


           Related  








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          Legislation:  SB 1215 (Ting), the California Open Data Act,  
          would establish the position of Chief Data Officer, who is  
          responsible for working with state agencies and experts to  
          create a California Open Data Standard and centralized internet  
          portal to host public data from state agencies that is  
          accessible to the public.  SB 1215 is currently on the Assembly  
          Appropriations Committee's Suspense File.
          Author amendments (as adopted on May 28, 2015): Author's  
          amendments would do the following:
                 Require Senate confirmation of the CDO.
                 Delete the specified prescriptive schedule for state  
               agencies to publish 100 percent of its data sets by 2022,  
               and the requirement that agencies update published data  
               sets as necessary.
                 Authorize the CDO to determine which agencies will  
               appoint a data coordinator (rather than having all agencies  
               appoint a person to this position).
                 Authorize agencies to apply for and accept public,  
               private, and non-profit funding for the purposes of  
               developing, implementing, or managing the statewide open  
               date portal infrastructure and software, and specify that  
               such funds would be expended upon appropriation by the  
               Legislature.
          
          Committee amendments (as adopted on May 28, 2015): Committee  
          amendments would specify that the open data roadmap would  
          include a proposed timeline for agencies to release data sets  
          (rather than a concrete timeline).  Committee amendments would  
          also authorize the CDO to charge local entities that wish to use  
          the statewide open data portal to publish its own data.


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