BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 573 (Pan) - Statewide open data portal ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 5, 2015 |Policy Vote: G.O. 7 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- 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 SB 573 (Pan) Page 1 of ? 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 SB 573 (Pan) Page 2 of ? 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. SB 573 (Pan) Page 3 of ? § 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 SB 573 (Pan) Page 4 of ? 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. -- END --