BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 573


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          Date of Hearing:  July 1, 2015


           ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW


                                  Rudy Salas, Chair


          SB  
          573 (Pan) - As Amended June 23, 2015


          SENATE VOTE:  28-11


          SUBJECT:  Statewide open data portal.


          SUMMARY:  Establishes the position of Chief Data Officer (CDO)  
          in state government and requires the CDO to create a  
          publically-accessible statewide open data portal (statewide  
          portal) by January 1, 2017.  Specifically, this bill:  


          1)Creates the CDO to be appointed by the Governor on or before  
            June 1, 2016, and makes the CDO reportable to the Secretary of  
            Government Operations.


          2)Directs the CDO to create an inventory of all available public  
            data in the state by October 1, 2016.


          3)Requires the CDO to work with the Department of Technology  
            (CalTech) to set up a publically-accessible statewide portal  
            by January 1, 2017.  Authorizes the CDO to use the existing  
            data.ca.gov. portal to satisfy this requirement.









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          4)Requires 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.


          5)Directs the CDO to create a "statewide open data roadmap," as  
            defined, after each agency assesses its data inventory, and to  
            publish the open data roadmap on the statewide portal.


          6)Requires the CDO ensure that at least 150 data sets have been  
            published on the statewide portal by June 1, 2017.


          7)Requires the statewide portal to include a link to the website  
            of any agency that publishes its data on that site, as  
            specified.


          8)Directs the CDO to make the statewide portal available to any  
            local agency interested in using the site for publishing its  
            data. 


          9)Requires the CDO to publish an annual progress report for open  
            data within the state, beginning on or before January 1, 2018,  
            that includes an assessment of outcomes, innovations, and  
            state agency collaboration, and identifies whether there have  
            been resulting cost-savings.


          10)Directs the CDO, in consultation with the Attorney General,  
            to publish a specified set of guidelines for use by each  
            agency by January 1, 2017.


          11)Requires the CDO to convene an open data working group,  
            comprised of state agencies' data coordinators, by October 1,  








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            2016.  Requires the working group to meet at least quarterly  
            to assess progress, discuss and recommend policies and  
            guidelines, share best practices, and coordinate data sharing.


          12)Requires state agencies identified by the CDO to appoint a  
            data coordinator by August 1, 2016.


          13)Directs each agency to identify any data set within the  
            agency and transmit the inventory to the CDO by October 1,  
            2016.  


          14)Directs each agency to create a plan for published inventory  
            by November 1, 2016, and requires the published inventory to  
            comply with all state and federal privacy laws and  
            regulations, as specified.


          15)Authorizes agencies to apply for and accept public, private,  
            and non-profit funding for the purposes of developing,  
            implementing, or managing the statewide portal infrastructure  
            and software, and specifies that such funds would be expended  
            upon appropriation by the Legislature.


          16)Defines various terms for purposes of this bill.


          EXISTING LAW enacts the California Public Records Act 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.   










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          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:



          1)Annual staffing costs of approximately $293,000 annually for  
            an appointed Chief Data Officer and one data liaison.   
            (General Fund)


           
           2)Costs to create a statewide portal could be as low as $125,000  
            to update the existing data.ca.gov website, or approximately  
            $234,000 for CalTech 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.


           
           3)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)


          COMMENTS:  According to the author, despite being the home of  








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          some of the most innovative technology ideas in the world,  
          California has not established itself as a leader in developing  
          a unified open statewide data policy.  While some agencies  
          continue to develop their own databases, the author maintains  
          that California lacks a cohesive state policy that standardizes  
          this data and makes it readable across multiple platforms.  The  
          author asserts that a state CDO would make one individual  
          responsible for making massive amounts of state-collected data  
          accessible to the public and that open data from state agencies  
          will ensure that California government is transparent,  
          efficient, and accountable.


          California has an existing centralized data portal at  
          data.ca.gov.  This portal contains more than 100 million  
          government data records from various state agencies, some of  
          which is in raw formats that can be reformatted and reused in  
          different ways.  This bill allows the CDO to use the existing  
          data.ca.gov website as the statewide portal required in the  
          bill.


          This bill also specifies various timelines by which the CDO  
          would be required to ensure data sets have been published on the  
          statewide portal, report on annual progress of open data efforts  
          within the state, and publish guidelines for each agency to use  
          when posting data.  


          A number of state entities, including four departments within  
          the Health and Human Services Agency and the State Controller's  
          Office, have already created their own open data portals.  
          Agencies that post their data sets on their own websites would  
          be required to publish their inventories on the statewide portal  
          and include a link to the portal on their own web sites.



          RELATED LEGISLATION:  SB 1215 (Ting) would have established the  








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          California Open Data Act and would have created the position of  
          the CDO to work with state agencies and experts to formulate a  
          California Open Data Standard and a centralized Internet Web  
          portal for public access to data from state agencies.  SB 1215  
          was held in the Assembly Appropriations Committee.
          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


          Accela


          City of Los Angeles


          Data Transparency Coalition


          Green, Renewable, Organic and Water Holdings, LLC


          Health Officers Association of California


          Los Angeles County Business Federation


          Milken Institute California Center










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          Socrata, Inc.


          Sunlight Foundation


          Urban Strategies Council




          Opposition


          
          None on file


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