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AB-434 State Web accessibility: standard and reports.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB434:v98#DOCUMENT

Revised  March 30, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 434


Introduced by Assembly Member Baker
(Coauthors: Assembly Members Maienschein, Mathis, and Waldron)

February 13, 2017


An act to amend Section 8567 of add Section 11546.7 to the Government Code, relating to emergency services. state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 434, as amended, Baker. Emergency services. State Web accessibility: standard and reports.
Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer. Existing law provides that the department is generally responsible for the approval and oversight of information technology projects. Existing law requires the heads of state agencies and entities to appoint chief information officers, requires state agencies and entities to report certain information to the department, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis.
This bill, before July 1, 2018, and before July 1 biennially thereafter, would require a state agency or entity to submit a report to the department regarding the agency’s or entity’s Web accessibility testing and efforts to resolve identified accessibility issues and would require the report to include a signed certification from the agency’s or entity’s chief information officer, as specified. The bill, by December 31, 2018, would also require the department to adopt a state Web accessibility standard and submit a report to the Legislature that references the accessibility standard and describes how the department will continue to monitor accepted practices to ensure that the state’s policies and Internet Web sites remain current and within the guidelines of the accessibility standard. The bill would require the department to assess the sufficiency of the testing and efforts described in each state agency or entity report by determining whether the state agency’s or entity’s Internet Web sites meet the accessibility standard, publish the assessment on the department’s Internet Web site, and ensure that each Internet Web site identified as not meeting the accessibility standard is updated to meet the accessibility standard.

Existing law authorizes the Governor to make, amend, and rescind orders and regulations necessary to carry out the California Emergency Services Act. Existing law gives those orders and regulations the force and effect of law.

This bill would make a nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11546.7 is added to the Government Code, to read:

11546.7.
 (a) Before July 1, 2018, and before July 1 biennially thereafter, a state agency or entity subject to Section 11546.1 shall submit a report to the Department of Technology regarding the frequency and method of the state agency’s or entity’s Web accessibility testing and the state agency’s or entity’s efforts to resolve accessibility issues it identifies. The report shall include a signed certification from the state agency’s or entity’s chief information officer appointed under Section 11546.1 that supports both the testing and the efforts described in the report.
(b) (1) On or before December 31, 2018, the Department of Technology shall, after reviewing commonly accepted Web accessibility standards and reports received pursuant to subdivision (a), adopt a state Web accessibility standard and submit a report to the Legislature that references the adopted accessibility standard and describes how the department will continue to monitor accepted practices to ensure that the state’s policies and Internet Web sites remain current and within the guidelines of the accessibility standard. The department may consider utilizing the Web Content Accessibility Guidelines 2.0 standard as a means to determining whether the accessibility standard is being met. The report shall be submitted in compliance with Section 9795.
(2) Pursuant to Section 10231.5, the requirement for submitting a report under this subdivision shall be inoperative on December 31, 2022.
(c) The Department of Technology shall assess the sufficiency of the testing and efforts described in each report received pursuant to subdivision (a) by determining whether the state agency’s or entity’s Internet Web sites meet the accessibility standard adopted pursuant to subdivision (b) and shall publish the assessment on the department’s Internet Web site. If the department determines that an Internet Web site does not meet the accessibility standard, the department shall ensure that the Internet Web site is updated to meet the accessibility standard.

SECTION 1.Section 8567 of the Government Code is amended to read:
8567.

(a)The Governor may make, amend, and rescind orders and regulations necessary to carry out the provisions of this chapter. The orders and regulations shall have the force and effect of law. Due consideration shall be given to the plans of the federal government in preparing the orders and regulations. The Governor shall cause widespread publicity and notice to be given to all of those orders and regulations, or amendments or rescissions thereof.

(b)Orders and regulations, or amendments or rescissions thereof, issued during a state of war emergency or state of emergency shall be in writing and shall take effect immediately upon their issuance. Whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect.

(c)All orders and regulations relating to the use of funds pursuant to Article 16 (commencing with Section 8645) shall be prepared in advance of any commitment or expenditure of the funds. Other orders and regulations needed to carry out the provisions of this chapter shall, whenever practicable, be prepared in advance of a state of war emergency or state of emergency.

(d)All orders and regulations made in advance of a state of war emergency or state of emergency shall be in writing, shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. As soon thereafter as possible they shall be filed in the office of the Secretary of State and with the county clerk of each county.

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REVISIONS:
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