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AB-802 Reports to the Legislature: Statewide Open Data Portal.(2019-2020)

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Date Published: 06/04/2019 09:00 PM
AB802:v97#DOCUMENT

Amended  IN  Senate  June 04, 2019
Amended  IN  Assembly  April 10, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 802

Introduced by Assembly Member Mark Stone

February 20, 2019

An act to amend Sections 9795 and 10242.5 of of, and to add Chapter 7.7 (commencing with Section 11795) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to the Legislature. state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 802, as amended, Mark Stone. Reports to the Legislature. Legislature: Statewide Open Data Portal.
Existing law requires a report that is required or requested by law to be submitted by a state or local agency to the Members of either house of the Legislature generally to instead be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel. Existing law requires a state agency to provide an electronic copy of the summary of its report directly to each Member of the appropriate house of the Legislature. Existing law requires a state agency post its report on the agency’s internet website and to include in the report the internet website where the report can be downloaded. Existing law requires the Legislative Counsel to make available on an internet website an electronic list of all reports that state and local agencies are required or requested by law to prepare and file with the Governor or the Legislature, and to include in the list any hyperlink to a report provided by a state or local agency.
This bill would require state and local agencies to submit all reports to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel electronically, rather than submitting a printed copy, and would eliminate the requirement that state agencies separately submit the summary of the report directly to Members of the Legislature. For reports involving data collection or analysis, the bill would require a state agency to post the datasets used to generate the report on an open data repository internet website, as specified, at the time the report is posted.
This bill would make a report that is required or requested by law to be submitted by a state or local agency to a committee of either or both houses of the Legislature subject to these provisions, including the requirements that the report be submitted electronically and included in the electronic list prepared by the Legislative Counsel.
Existing law establishes the Department of Technology within the Government Operations Agency, which is supervised by the Director of Technology. Existing law authorizes the director and the department to exercise various powers in creating and managing the information technology policy of the state.
This bill would require the Department of Technology to establish and maintain a statewide open data portal. For state agency reports involving data collection or analysis, the bill would require the state agency to post the datasets used to generate the report on the statewide open data portal. The bill would authorize local agencies to post datasets on the portal, and would authorize state agencies to post datasets not already required to be posted on the portal.
By imposing new duties on local agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 9795 of the Government Code is amended to read:

9795.
 (a) (1) A report required or requested by law to be submitted by a state or local agency to the Members of either house of the Legislature generally, shall instead be submitted electronically to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel. A report required or requested by law to be submitted by a state or local agency to a committee of either or both houses of the Legislature shall be submitted electronically to the committee; the Secretary of the Senate or the Chief Clerk of the Assembly, or both the Secretary of the Senate and the Chief Clerk of the Assembly, as applicable; and the Legislative Counsel.
(2) Each report described in paragraph (1) shall include a summary of its contents, not to exceed one page in length. Notice of receipt of the report shall also be recorded in the journal of the appropriate house or houses of the Legislature by the secretary or clerk of that house.
(3) In addition to and as part of the information made available to the public in electronic form pursuant to Section 10248, the Legislative Counsel shall make available a list of the reports submitted by state and local agencies, as specified in paragraph (1). If the Legislative Counsel receives a request from a member of the public for a report contained in the list, the Legislative Counsel is not required to provide a copy of the report and may refer the requester to the state or local agency, as the case may be, that authored the report, or to the California State Library as the final repository of public information.
(b) A report shall not be distributed to a Member of the Legislature unless specifically requested by that Member.
(c) Compliance with subdivision (a) shall be deemed to be full compliance with subdivision (c) of Section 10242.5.
(d) (1) A state agency report and summary subject to this section shall include an internet website where the report can be downloaded and a telephone number to call to order a hard copy of the report. A report submitted by a state agency subject to this section shall also be posted on the agency’s internet website.
(2) For a any state agency report subject to this section involving the collection or analysis of data, the datasets used to generate the report shall be posted on the state statewide open data repository available at the internet website data.ca.gov, or another central open data repository designated by the Government Operations Agency for this purpose, portal established and maintained pursuant to Chapter 7.7 (commencing with Section 11795) of Part 1 of Division 3 at the time the report is posted, posted on the agency’s internet website, but only to the extent these datasets are otherwise subject to public disclosure under state and federal law. All datasets shall be posted in a machine-readable format.

(e)For purposes of this section, “report” includes any study or audit.

(e) For purposes of this section, the following definitions apply:
(1) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California.
(2) “Data” has the same meaning as set forth in Section 11795.
(3) “Dataset” has the same meaning as set forth in Section 11795.
(4) “Machine-readable format” has the same meaning as set forth in Section 11795.
(5) “Report” includes any study or audit.
(6) “Statewide open data portal” has the same meaning as set forth in Section 11795.

SEC. 2.

 Section 10242.5 of the Government Code is amended to read:

10242.5.
 (a) The Legislative Counsel shall annually prepare, publish, and maintain an electronic list of all reports that state and local agencies are required or requested by law to prepare and file with the Governor, the Legislature, or a committee of either or both houses of the Legislature, or any combination thereof, in the future or within the preceding year. The list shall include all of the following information:
(1) The name of the agency that is required or requested to prepare and file the report.
(2) The name of the committee of either or both houses of the Legislature with which the report was filed, if applicable.
(3) A brief description of the subject of the report.
(4) The date on which the report is to be completed and filed.
(5) The date on which the report was filed with the Legislative Counsel.
(b) The Legislative Counsel shall make the list of reports available to the public on an internet website and shall annually provide to each Member of the Legislature a hyperlink to the internet website whereby the list can be accessed.
(c) (1) Each state and local agency that is required or requested by law to prepare a report described in subdivision (a) shall file an electronic copy of the report with the Legislative Counsel. If the report is posted on an internet website, the agency filing the electronic copy shall provide to the Legislative Counsel a hyperlink whereby the report may be accessed.
(2) The Legislative Counsel shall include, on the internet website it maintains for purposes of this section, any hyperlinks provided by state and local agencies pursuant to paragraph (1).
(d) As used in this section:
(1) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California.
(2) “Report” includes any study or audit.
(e) The Legislative Counsel shall update the list required by subdivision (a) by removing duplicate reports from the list. The Legislative Counsel shall also remove reports from the list as directed by Section 4 of Chapter 7 of the Statutes of 2010, or a subsequent statute that further requires the Legislative Counsel to remove reports included in the list.

SEC. 3.

 Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  7.7. Statewide Open Data Portal

11795.
 For purposes of this chapter, the following definitions apply:
(a) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California.
(b) “Data” means any recorded information regardless of form or the media on which it is recorded.
(c) “Dataset” means a collection of related data that is collected, created, or maintained by or on behalf of an agency that records measurements, transactions, or determinations related to the mission or function of that agency, is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been substantively altered since it was obtained or recorded.
(d) “Machine-readable format,” when used with respect to data, means data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost, and excludes document-based formats in which information is presented sequentially without defined fields.
(e) “Statewide open data portal” means a centralized data internet website with the ability to display and export data published from agencies.

11795.1.
 (a) (1) On or before January 1, 2021, the Department of Technology shall create a statewide open data portal that is accessible to the public. The Department of Technology may use data.ca.gov to satisfy the requirements of this subdivision.
(2) The statewide open data portal shall include a link to the internet website of any agency that publishes its data on that website.
(b) (1) Pursuant to Section 9795, for any state agency report involving the collection or analysis of data, the state agency shall post the datasets used to generate the report on the statewide open data portal established and maintained pursuant to this chapter at the time the report is posted on the state agency’s internet website, but only to the extent these datasets are otherwise subject to public disclosure under state and federal law.
(2) A local agency may post any of its datasets, and a state agency may post any of its datasets that are not subject to paragraph (1), on the statewide open data portal, but only to the extent these datasets are otherwise subject to public disclosure under state and federal law.
(c) (1) All datasets shall be posted in a machine-readable format.
(2) All datasets and other information posted on the statewide open data portal shall comply with all applicable laws, including the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(d) (1) On or before October 1, 2020, the Department of Technology, in collaboration with the Government Operations Agency, shall create a community of practice dedicated to the following objectives:
(A) Developing and recommending statewide governance and policy regarding data standards, data storage, and data privacy.
(B) Fostering a culture of data use by enabling and encouraging agencies to safely and securely share data to collaborate on common issues and related programs.
(C) Developing programs, and evaluating and enhancing existing programs, to provide training on data management and open data practices.
(D) Employing and analyzing operational data to improve open data practices and online infrastructure supporting the publication of government data.
(2) The Department of Technology may use the existing community of practice, CalData, to satisfy the requirements of this subdivision.
(e) The Department of Technology shall, in consultation and collaboration with the community of practice established pursuant to subdivision (d), maintain the statewide open data portal established pursuant to subdivision (a) and shall update the statewide open data portal, as needed, to maintain and improve its utility.

11795.2.
 (a) This chapter does not affect the obligation of an agency to provide any notice or information to the public pursuant to any other law.
(b) An action taken pursuant to this chapter shall not be deemed to alter or relinquish any copyright or other proprietary interest or entitlement of the State of California relating to any of the information made available pursuant to this chapter.

SEC. 3.SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.