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SB-1396 Accessible state technology.(2017-2018)

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Date Published: 05/25/2018 09:00 PM
SB1396:v97#DOCUMENT

Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  April 30, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1396


Introduced by Senator Galgiani

February 16, 2018


An act to amend Section 11546.1 of, and to add Chapter 5.8 (commencing with Section 11549.20) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1396, as amended, Galgiani. Accessible state technology.
(1) Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. By July 1, 2019, and biennially thereafter, existing law requires state agencies, state entities, and specified chief information officers to post on the agency or entity Internet Web site that the site is in compliance with statutory accessibility requirements and the Web Content Accessibility Guidelines 2.0, as provided.
This bill would establish within the Department of Technology the Office of Accessible Technology to monitor and facilitate compliance of state electronic and information technology with the requirements of certain state and federal laws relating to the accessibility of technology subject to the Legislature making an appropriation to implement these provisions. technology. The bill would require the office to be headed by a Chief of the Office of Accessible Technology, who is required be under the direction of the Director of Technology. The bill would require the office to, among other things, ensure that every state agency and entity is in compliance with the accessibility requirements of state and federal electronic and information technology policy and statutes, contract with the California State Auditor to conduct compliance audits to determine state agency and entity compliance with these provisions and develop corrective action plans, statutes and establish a complaint procedure for state employees and members of the public to register complaints about Internet Web site accessibility problems. The bill would require the chief to establish and co-chair a Disability Accessibility Technology Advisory Panel to advise and consult with the chief on the implementation and operations of this chapter and the policies, standards, and procedures related to accessible technology. The bill would require the chief director to prepare a report that shall be posted on the office’s Internet Web site on or before January 1, 2020, and annually thereafter, that includes a summary of all developed statewide policies, standards, and procedures for ensuring compliance with these provisions, and a listing of all state agencies that are and are not in compliance.
(2) Existing law requires each state agency and each state entity, as those terms are defined, to have a chief information officer with specified duties relating to information technology.
This bill would include ensuring compliance with specified state and federal laws relating to the accessibility of technology among the duties of those chief information officers.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11546.1 of the Government Code is amended to read:

11546.1.
 The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities.
(a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Oversee the information technology portfolio and information technology services within his or her state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency.
(B) Develop the enterprise architecture for his or her state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency.
(C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology policy, and statutes, including, but not limited to, Sections 7405 and 11135, Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and the Web Content Accessibility Guidelines 2.0 at a minimum Level AA success criteria.
(b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Supervise all information technology and telecommunications activities within his or her state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts.
(B) Ensure the entity conforms with state information technology and telecommunications policy, and statutes, including, but not limited to, Sections 7405 and 11135, Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and the Web Content Accessibility Guidelines 2.0 at a minimum Level AA success criteria.
(c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer.
(d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of his or her state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support.
(e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture.
(2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1).
(f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so.

SEC. 2.

 Chapter 5.8 (commencing with Section 11549.20) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  5.8. Office of Accessible Technology

11549.20.
 (a) There is within the Department of Technology, the Office of Accessible Technology. The purpose of the Office of Accessible Technology is to be the central point of responsibility for ensuring state agency and entity compliance with state and federal electronic and information accessibility technology policy and statutes, including Sections 7405 and 11135, Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria.
(b) The office shall be under the direction of a chief, who shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief shall report to the Director of Technology and the Director of Technology within the department who shall lead the office in carrying out its mission. The chief shall possess knowledge and expertise in evaluating compliance with the state and federal electronic and information accessible technology policy and statutes described in subdivision (a). The office shall have no more than two full-time positions committed to providing staff for the office and they shall be individuals who have existing training in compliance with state and federal electronic and information accessibility technology policy and statues.
(c) For purposes of this chapter, the following terms shall have the following meanings:

(1)“Chief” means the Chief of the Office of Accessible Technology.

(2)

(1) “Office” means the Office of Accessible Technology.

(3)

(2) “State agency” and “state entity” shall have the same meanings as those terms are defined in Section 11546.1

11549.22.
 The chief office shall be responsible for all of the following:
(a) Ensuring that every state agency and entity is in compliance with the accessibility requirements of state and federal electronic and information technology policy and statutes, including Sections 7405 and 11135, Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and the Web Content Accessibility Guidelines 2.0 at a Level AA success no later than December 31, 2020.
(b) Developing, updating, and distributing to state agencies and entities statewide policies, standards, and procedures for ensuring compliance with the accessibility requirements in subdivision (a).
(c) Providing training and assistance to chief information officers appointed pursuant to Section 11546.1.

(d)Contracting with the California State Auditor to conduct compliance audits to determine state agency and entity compliance with the provisions of this chapter and developing corrective action plans, in cooperation with chief information officers, for any state agency or entity that is out of compliance with the provisions of this chapter. Such compliance audits shall be conducted on a regular schedule as determined by the chief. The chief shall post the results of all audits conducted pursuant to this chapter on the office’s Internet Web site.

(e)

(d) Establishing a complaint procedure for state employees and members of the public to register complaints about Internet Web site accessibility problems and for resolving complaints with the Office of Accessible Technology and requiring that each state agency and entity maintain its own complaint procedure. In any case in which a complaint is founded on the failure of the state agency or entity to meet the compliance requirements of this chapter, the state agency shall provide, upon request of the complainant, an immediate accommodation to meet the needs of the complainant caused by the compliance failure. Technology.

(f)Recommending to the State Chief Information Officer and director of the California Department of Technology regulations as are necessary to implement the provisions of this chapter.

11549.24.

The chief shall establish and co-chair a Disability Accessibility Technology Advisory Panel that shall include the Director of Rehabilitation, who shall co-chair the panel, the Director of General Services, the President of the University of California, the Chancellor of the California Community Colleges, the Chancellor of the California State University, disability rights organizations, employee labor organizations, and any other state agencies and state entities the chief shall determine necessary to advise and consult with the chief on the implementation and operations of this chapter and the policies, standards, and procedures related to accessible technology. The Disability Accessibility Advisory Panel shall meet as scheduled by the co-chairs, but no less than quarterly.

11549.26.
 (a)The chief Director of Technology shall prepare a report that shall be posted on the Internet Web site of the office on or before January 1, 2020, and annually thereafter, that includes all of the following information:

(1)

(a) A summary of all developed statewide policies, standards, and procedures for ensuring compliance with the provisions of this chapter.

(2)

(b) A listing of all state agencies and state entities that are and are not in compliance with the provisions of this chapter.

(3)Any audit findings made as a result of state agency and state entity compliance audits.

(b)

(c) A summary of the types of complaints received pursuant to subdivision (e) of Section 11549.22 and the resolution of the complaints, including any accommodations made due to the lack of compliance.

11549.28.
 Nothing in this chapter shall limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in subdivision (a) of Section 11549.20.

11549.30.

This chapter shall become operative only upon the Legislature making an appropriation to implement the provisions of this chapter, and thereafter shall remain operative.