BILL ANALYSIS Ó SB 573 Page 1 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. SB 573 Page 2 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, SB 573 Page 3 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. SB 573 Page 4 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 SB 573 Page 5 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 SB 573 Page 6 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 SB 573 Page 7 Socrata, Inc. Sunlight Foundation Urban Strategies Council Opposition None on file Analysis Prepared by:Cassie Royce / A. & A.R. / (916) 319-3600