(1)The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. The act requires any agency that has any information that constitutes a public record not exempt from disclosure in an electronic format to make that public record available in an electronic format when requested by a person, and requires the agency to, among other things, make the information available in any electronic format in which the information is held.

This bill, if a local agency, except a school district, maintains an Internet Resource, including, but not limited to an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as open data, and the local agency voluntarily posts a public record on that Internet Resource, would require the local agency to post the public record in an open format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)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 no reimbursement is required by this act for a specified reason.

(1)The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. The act requires any agency that has any information that constitutes a public record not exempt from disclosure in an electronic format to make that public record available in an electronic format when requested by a person, and requires the agency to, among other things, make the information available in any electronic format in which the information is held.

This bill, if a local agency, except a school district, maintains an Internet Resource, including, but not limited to an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as open data, and the local agency voluntarily posts a public record on that Internet Resource, would require the local agency to post the public record in an open format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)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 no reimbursement is required by this act for a specified reason.

(1)The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. The act requires any agency that has any information that constitutes a public record not exempt from disclosure in an electronic format to make that public record available in an electronic format when requested by a person, and requires the agency to, among other things, make the information available in any electronic format in which the information is held.

This bill would require a local agency, except a school district, that voluntarily posts a public record that is described as open on its Internet Web site This bill, if a local agency, except a school district, maintains an Internet Resource, including, but not limited to an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as open data, and the local agency voluntarily posts a public record on that Internet Resource, would require the local agency to post the public record in a an open format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)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 no reimbursement is required by this act for a specified reason.

(1)The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. The act requires any agency that has any information that constitutes a public record not exempt from disclosure in an electronic format to make that public record available in an electronic format when requested by a person, and requires the agency to, among other things, make the information available in any electronic format in which the information is held.

This bill would require a local agency, except a school district, that chooses to post voluntarily posts a public record that is described as open on its Internet Web site to post the public record in a format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)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 no reimbursement is required by this act for a specified reason.

The Subdivision Map Act prohibits a final or parcel map that creates a subdivision from being filed with the relevant local agency without the written consent of all parties having any record title interest in the real property proposed to be subdivided.

This bill would make nonsubstantive changes to this provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 169

Author:(Maienschein)

As Amended Ver:June 18, 2015

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Requires local agencies to use specified open data standards if they maintain an Internet Resource that is described or titled as "open data" and if they choose to post public records on that Internet Resource.

The Senate amendments clarify that, if a local agency, except a school district, maintains an Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as "open data," and the local agency voluntarily posts a public record on that Internet Resource, the local agency must comply with the provisions of this bill.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Bill Summary. This bill requires local agencies that maintain an Internet Resource described as "open data" and that choose to post public records on that Internet Resource to use a format that:

   1. Is retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

   2. Is platform independent and machine readable;

   3. Is available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and,

   4. Retains the data definitions and structure present when the data was compiled, if applicable.

This bill is sponsored by the author.

2. Author's Statement. According to the author, "Key information maintained by local governments, from business licenses to council agendas and budgets, are frequently kept in file formats that make them difficult to find or analyze using contemporary internet tools and other technology. The guidelines for posting these documents predate the Xerox machine.

"Making local government data available online using open standards will increase transparency and make operations more effective and accountable to the public. It will streamline communication between government agencies, both state and local, and vastly improve accessibility for the public. Making the information electronically searchable will also permit the public to assist in identifying efficient solutions for government, create economic opportunities and promote innovation and accountability at the local level.

"Critically, this bill does not mandate such action, but establishes key standards for agencies seeking to modernize their disclosure practices. This promotes common standards, based on best practices utilized by governments across the U.S [United States] and throughout the world. Adopting these standards will ensure that government information is accessible, interoperable and easily utilized by the public."

3. Background. The Open Data movement is rapidly growing in popularity and recognition, both nationally and in California. Computer technology has advanced to provide open format software, which allows electronic documents created and maintained by public agencies to be searched, indexed, and redacted electronically.

In 2009, in order to increase government agency accountability, promote informed public participation, and create economic opportunity through expanding access to information online in open formats, the United States Director of the Office of Management and Budget issued an Open Government Directive to federal government agencies. This Directive provided guidelines to public agencies responding to public requests under the Freedom of Information Act and instructed federal government agencies to "publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications."

4. Arguments in Support. The Sunlight Foundation, in support, writes, "Sunlight feels that AB 169 will increase the accessibility of local open data by providing a useful definition of what 'open' really means for municipalities that want to join the open data movement. By offering a clear definition of open data as 'retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;' 'platform independent and machine readable;' and 'available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record' AB 169 promotes a set of elements that are broadly recognized to be the core of what it means to make data open. In addition, by recommending that information released 'retain[s] the data definitions and structure present when the data was compiled,' AB 169 supports the public provision of good-quality, usable data through ensuring that whatever contextual information was originally available with the data remains present in its public-facing publication.

"Increasing the amount of available, good quality open data is an important goal for California to pursue as a state. California is already rich in local open data expertise that can help local data's value spread rapidly. The state features the leadership of municipal open data programs in San Francisco, Oakland, Los Angeles, Sacramento (and West Sacramento) and San Diego, and a new county-wide open data initiative recently came online in Los Angeles County. Individual state agencies have (also) demonstrated their strong interest in opening state data… While not a mandate for activity by local governments, AB 169 would establish a needed framework for managing information and ensuring those governments making their data 'open' will do so in a way that maximizes the utility and interoperability of this information."

5. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0001281

 THIRD READING  

Bill No: AB 169

Author: Maienschein (R), et al.

Amended: 6/18/15 in Senate

Vote: 21

SENATE JUDICIARY COMMITTEE: 7-0, 6/30/15

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/7/15 - See last page for vote

SUBJECT: Local government: public records: Internet

SOURCE: Author

DIGEST: This bill establishes open format requirements for posting a public record if a local agency, except a school district, maintains an “open data” Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, and voluntarily posts the public record.

ANALYSIS:

Existing law:

1. Declares, under the California Constitution, the people’s right to transparency in government. (“The people have the right of access to information concerning the conduct of the people’s business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny....”)

2. Governs, under the California Public Records Act (CPRA), the disclosure of information collected and maintained by public agencies. Generally, all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. There are 30 general categories of documents or information that are exempt from disclosure, essentially due to the character of the information, and unless it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information, the exempt information may be withheld by the public agency with custody of the information.

3. Provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as specified. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.

4. Requires a public agency to make non-exempt electronic public records available in any electronic format in which it holds the information or, if requested, in an electronic format used by the agency to create copies for its own or other agency’s use.

5. Authorizes a public agency to charge to the requestor the direct cost of producing the electronic public record.

6. Requires the requestor of the electronic public record to pay the cost of producing a copy of the record, including the cost to construct the record, and the cost of programming and computer services necessary to produce a copy of the record if the public agency produces the electronic record only at regularly scheduled intervals or the request requires data compilation, extraction, or programming to produce the electronic record.

7. Provides that a public agency is not required to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained.

8. Defines “local agency” to include a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency.

This bill:

1. Requires, if a local agency, except a school district, maintains an Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as “open data,” and the local agency voluntarily posts a public record on that Internet Resource, the local agency to post the public record in an open format that meets all of the following requirements:

• retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

• platform independent and machine readable;

• available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and

• retains the data definitions and structure present when the data was compiled, if applicable.

2. Makes various related legislative findings and declarations.

Background

The California Public Records Act (CPRA), enacted in 1968, requires public disclosure of public agency documents. The CPRA gives every person the right to inspect and obtain copies of all state and local government documents not exempt from disclosure. (Gov. Code Sec. 6253.) In recognition of the increased reliance by public agencies on electronic documents, the Legislature enacted AB 2799 (Shelley, Chapter 982, Statutes of 2000), which, among other things, required public agencies, upon request, to disclose electronic records in an electronic format in which the agency held information or in a format that had been used by the agency to create copies for its own use or for other public agencies.

Since 2000, computer technology has advanced to provide open format software whereby electronic documents created and maintained by public agencies can be searched, indexed, and redacted electronically. In 2009, in order to increase government agency accountability, promote informed public participation, and create economic opportunity through expanding access to information online in open formats, the United States Director of the Office of Management and Budget issued an Open Government Directive to federal government agencies. (Peter R. Orszag, Director, Executive Office of the President, Office of Management and Budget, Memorandum for the Heads of Executive Departments and Agencies, Open Government Directive, Dec. 8, 2009, p. 2.) This Directive provided guidelines to public agencies responding to public requests under the Freedom of Information Act and instructed federal government agencies to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.” (Id.)

In 2013, President Obama signed Executive Order No. 13642, which established the Open Data Policy and required all newly generated government data to be made available in open, machine-readable formats in order to “promote continued job growth, Government efficiency, and the social good that can be gained from opening Government data to the public.” (Exec. Order No. 13642, 78 Fed.Reg. 28111 (May 9, 2013).)

This bill seeks to further the purpose of those orders by requiring local agencies, other than school districts, to post public records in an open format.

Comments

The author writes:

Key information maintained by local governments, from business licenses to council agendas and budgets, are frequently kept in file formats that make them difficult to find or analyze using contemporary internet tools and other technology. The current guidelines for posting these documents predate the Xerox machine and thus are inadequate in the modern era.

The concept of “Open Data” describes data that are freely available, machine-readable, and formatted according to national technical standards to facilitate visibility and re-use of published data. This concept of open data allows access to standardized data that can be easily retrieved, downloaded, sorted, searched, analyzed, redistributed and re-used by individuals, business, researchers, journalists, developers, and government to process, trend, and innovate utilizing a single data table or combinations of data tables.

Related/Prior Legislation

SB 573 (Pan, 2015), among other things, creates the statewide open data portal, as defined, to provide public access to data sets from agencies within the state. The bill requires any data published on the statewide open data portal or other open data portal operated by an agency to comply with all state and federal privacy laws and regulations, and make the statewide open data portal available, at no cost, to local agencies interested in using the statewide open data portal to publish its own data. SB 573 is currently in the Assembly Appropriations Committee.

SB 272 (Hertzberg, 2015) requires each local agency to create a catalog of enterprise systems, as defined, post that catalog on the local agency’s Internet Web site, and make the catalog publicly available upon request in the office of the clerk of the agency’s legislative body. SB 272 is currently in the Assembly Local Government Committee.

AB 1215 (Ting, 2015), among other things, enacts the California Open Data Act and requires state agencies to make public data, as defined, available on an Internet Web portal and authorize a local government to adopt that standard. AB 1215 requires each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. AB 1215 also requires specified legal policies for public data to be posted on the Internet Web portal. AB 1215 is currently under submission in the Assembly Appropriations Committee.

SB 1002 (Yee, 2012) would have enacted the California Open Data Standard and required a state or local agency to make electronic data or an electronic document available to the public in an open format, as defined. That provision was subsequently removed to instead require the State Chief Information Officer to conduct a study to determine the feasibility of providing electronic records in an open format. SB 1002 was vetoed by Governor Brown because he believed that another legislative report on electronic public records was unnecessary.

AB 2799 (Shelley, Chapter 982, Statutes of 2000) – See Background.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 7/13/15)

Associated Builders and Contractors of California

Building Owners and Managers Association of California

California Building Industry Association

California Business Properties Association

California Business Roundtable

California Forward Action Fund

California League of Food Processors

California Manufacturing & Technology Association

California Professional Firefighters

California Taxpayers Association

Commercial Real Estate Development Association, NAIOP of California

Family Business Association

International Council of Shopping Centers

Los Angeles County Business Federation

National Federation of Independent Business

San Diego Regional Data Library

Sunlight Foundation

OPPOSITION: (Verified 7/13/15)

None received

ASSEMBLY FLOOR: 77-0, 5/7/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Roger Hernández, Steinorth

Prepared by: Tara Welch / JUD. / (916) 651-4113

7/14/15 11:17:35

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 169 (Author:Maienschein)

Version: June 18, 2015

Hearing Date: June 30, 2015

Fiscal: Yes

Urgency: No

Consultant:TMW

SUBJECT

Local government: public records: Internet

DESCRIPTION

This bill would establish open format requirements for posting a public record if a local agency, except a school district, maintains an “open data” Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, and voluntarily posts the public record.

BACKGROUND

The California Public Records Act (CPRA), enacted in 1968, requires public disclosure of public agency documents. The CPRA gives every person the right to inspect and obtain copies of all state and local government documents not exempt from disclosure. (Gov. Code Sec. 6253.) In recognition of the increased reliance by public agencies on electronic documents, the Legislature enacted AB 2799 (Shelley, Chapter 982, Statutes of 2000), which, among other things, required public agencies, upon request, to disclose electronic records in an electronic format in which the agency held information or in a format that had been used by the agency to create copies for its own use or for other public agencies.

Since 2000, computer technology has advanced to provide open format software whereby electronic documents created and maintained by public agencies can be searched, indexed, and redacted electronically. In 2009, in order to increase government agency accountability, promote informed public participation, and create economic opportunity through expanding access to information online in open formats, the United States Director of the Office of Management and Budget issued an Open Government Directive to federal government agencies. (Peter R. Orszag, Director, Executive Office of the President, Office of Management and Budget, Memorandum for the Heads of Executive Departments and Agencies, Open Government Directive, Dec. 8, 2009, p. 2.) This Directive provided guidelines to public agencies responding to public requests under the Freedom of Information Act and instructed federal government agencies to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.” (Id.)

In 2013, President Obama signed Executive Order No. 13642, which established the Open Data Policy and required all newly generated government data to be made available in open, machine-readable formats in order to “promote continued job growth, Government efficiency, and the social good that can be gained from opening Government data to the public.” (Exec. Order No. 13642, 78 Fed.Reg. 28111 (May 9, 2013).)

This bill seeks to further the purpose of those orders by requiring local agencies, other than school districts, to post public records in an open format.

CHANGES TO EXISTING LAW

Existing law, the California Constitution, declares the people’s right to transparency in government. (“The people have the right of access to information concerning the conduct of the people’s business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny....”) (Cal. Const., art. I, Sec. 3.)

Existing law, the California Public Records Act (CPRA), governs the disclosure of information collected and maintained by public agencies. (Gov. Code Sec. 6250 et seq.) Generally, all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. (Gov. Code Sec. 6254.) There are 30 general categories of documents or information that are exempt from disclosure, essentially due to the character of the information, and unless it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information, the exempt information may be withheld by the public agency with custody of the information.

Existing law provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as specified. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (Gov. Code Sec. 6253(a).)

Existing law requires a public agency to make non-exempt electronic public records available in any electronic format in which it holds the information or, if requested, in an electronic format used by the agency to create copies for its own or other agency’s use. (Gov. Code Sec. 6253.9(a)(1).)

Existing law authorizes a public agency to charge to the requestor the direct cost of producing the electronic public record. (Gov. Code Sec. 6253.9(a)(2).)

Existing law requires the requestor of the electronic public record to pay the cost of producing a copy of the record, including the cost to construct the record, and the cost of programming and computer services necessary to produce a copy of the record if the public agency produces the electronic record only at regularly scheduled intervals or the request requires data compilation, extraction, or programming to produce the electronic record. (Gov. Code Sec. 6253.9(b).)

Existing law provides that a public agency is not required to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained. (Gov. Code Sec. 6253.9(f).)

Existing law defines “local agency” to include a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency. (Gov. Code Sec. 6252(a).)

This bill, if a local agency, except a school district, maintains an Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as “open data,” and the local agency voluntarily posts a public record on that Internet Resource, would require the local agency to post the public record in an open format that meets all of the following requirements:

• retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

• platform independent and machine readable;

• available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and

• retains the data definitions and structure present when the data was compiled, if applicable.

This bill would make various related legislative findings and declarations.

COMMENT

1. Stated need for the bill

The author writes:

Key information maintained by local governments, from business licenses to council agendas and budgets, are frequently kept in file formats that make them difficult to find or analyze using contemporary internet tools and other technology. The current guidelines for posting these documents predate the Xerox machine and thus are inadequate in the modern era.

The concept of “Open Data” describes data that are freely available, machine-readable, and formatted according to national technical standards to facilitate visibility and re-use of published data. This concept of open data allows access to standardized data that can be easily retrieved, downloaded, sorted, searched, analyzed, redistributed and re-used by individuals, business, researchers, journalists, developers, and government to process, trend, and innovate utilizing a single data table or combinations of data tables.

2. Electronic information to be provided in open data format

Existing law, the California Public Records Act (CPRA), requires a public agency to make non-exempt electronic public records available in any electronic format in which it holds the information or, if requested, in an electronic format used by the agency to create copies for its own or other agency’s use. (Gov. Code Sec. 6253.9(a)(1).) This bill would require a local agency, except a school district, that voluntarily posts a public record to the agency’s “open data” Internet Resource to post the public record in an open format, as specified.

The San Diego Regional Data Library, in support, argues that “[t]oo many agencies discharge their obligations under the [CPRA] or local open data mandates by releasing data in formats that are difficult to use. Occasionally[,] the goal of releasing in closed formats is to obscure the data, but more often it is a combination of a lack of understanding of how data is used combined with organizational inertia. Regardless of the motivation, the result is that the data release[d] serves the letter of the law but not the spirit of transparency.”

Notably, the federal government has already instructed federal agencies to provide public access to electronic agency information in an open format. In an effort to increase government agency accountability and promote informed public participation, the United States Director of the Office of Management and Budget issued an Open Government Directive (Directive) to federal public agencies responding to public requests under the Freedom of Information Act to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.” (Peter R. Orszag, Director, Executive Office of the President, Office of Management and Budget, Memorandum for the Heads of Executive Departments and Agencies, Open Government Directive, Dec. 8, 2009, p. 2.) The Directive defines “open format” to mean “one that is platform independent, machine readable, and made available to the public without restrictions that would impede the re-use of that information.”

To that end, if a local agency maintains an Internet resource described by the local agency as “open data,” this bill would require the local agency to post any voluntarily posted public records in an open format that meets all of the following requirements:

• retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

• platform independent and machine readable;

• available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and

• retains the data definitions and structure present when the data was compiled, if applicable.

The Sunlight Foundation, in support, notes the elements listed above are broadly recognized to be the core of what it means to make data open. As such, the Sunlight Foundation argues, this bill “supports the public provision of good-quality, usable data through ensuring that whatever contextual information was originally available with the data remains present in its public-facing publication.”

The California Forward Action Fund (CFAF), also in support, states that “[u]nderstanding that transparency can foster accountability, fuel entrepreneurship and improve government performance, more and more local governments in California are embracing transparency by making previously inaccessible government data available online for public scrutiny and use. But the publication of data alone doesn’t inherently make them useful. Although local agencies are releasing more data than ever before, a lot is lying fallow because they’re often in an unsearchable file format, such as PDF, making the information difficult to find and analyze.”

Staff notes that this bill would work in conjunction with existing law that protects the integrity of original public documents being electronically disclosed. Specifically, existing law provides that an agency is not required to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record. (Gov. Code Sec. 6253.9(h).) Staff notes that this bill would not require a local agency to convert into an open format data or records received from other agencies or sources and does not require a public agency to update its software or hardware to comply with requirements in the bill. Rather, the bill would require a local agency, except a school district, that voluntarily posts a public record on its Internet Web site or other Internet resource to post the public record in an open format. As noted by the CFAF, “by requiring that public records published online by local agencies be in a format that is searchable, downloadable and machine-readable and available to the public free of charge, this bill can help local governments unlock the power of open data to improve results, reduce costs, and rebuild trust.”

3. Opposition’s concerns

The Madera County Board of Supervisors, in opposition, raises concerns that the bill does not adequately define the provisions describing the open format requirement so that local agencies are not out of compliance with this bill for lack of understanding these terms.

Support: Associated Builders and Contractors of California; Building Owners and Managers Association of California; California Building Industry Association; California Business Properties Association; California Business Roundtable; California Forward Action Fund; California League of Food Processors; California Manufacturing & Technology Association; California Taxpayers Association; Commercial Real Estate Development Association, NAIOP of California; Family Business Association; International Council of Shopping Centers; Los Angeles County Business Federation; National Federation of Independent Business; San Diego Regional Data Library; Sunlight Foundation

Opposition: Madera County Board of Supervisors

HISTORY

Source: Author

Related Pending Legislation:

SB 573 (Pan, 2015), among other things, would create the statewide open data portal, as defined, to provide public access to data sets from agencies within the state. The bill would require any data published on the statewide open data portal or other open data portal operated by an agency to comply with all state and federal privacy laws and regulations, and make the statewide open data portal available, at no cost, to local agencies interested in using the statewide open data portal to publish its own data. SB 573 is currently in the Assembly Rules Committee awaiting committee referral.

SB 272 (Hertzberg, 2015) would require each local agency to create a catalog of enterprise systems, as defined, post that catalog on the local agency’s Internet Web site, and make the catalog publicly available upon request in the office of the clerk of the agency’s legislative body. SB 272 is currently in the Assembly Judiciary Committee.

AB 1215 (Ting, 2015), among other things, would enact the California Open Data Act and require state agencies to make public data, as defined, available on an Internet Web portal and authorize a local government to adopt that standard. AB 1215 would require each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. AB 1215 would also require specified legal policies for public data to be posted on the Internet Web portal. AB 1215 is currently under submission in the Assembly Appropriations Committee.

Prior Legislation:

SB 1002 (Yee, 2012) would have enacted the California Open Data Standard and required a state or local agency to make electronic data or an electronic document available to the public in an open format, as defined. That provision was subsequently removed to instead require the State Chief Information Officer to conduct a study to determine the feasibility of providing electronic records in an open format. SB 1002 was vetoed by Governor Brown because he believed that another legislative report on electronic public records was unnecessary.

AB 2799 (Shelley, Chapter 982, Statutes of 2000) See Background.

Prior Vote:

Assembly Floor (Ayes 77, Noes 0)

Assembly Appropriations Committee (Ayes 17, Noes 0)

Assembly Local Government Committee (Ayes 9, Noes 0)

**************

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 169 (Author:Maienschein)

Version: April 6, 2015

Hearing Date: June 16, 2015

Fiscal: Yes

Urgency: No

Consultant:TMW

SUBJECT

Local government: public records: Internet

DESCRIPTION

This bill would require a local agency, except a school district, that voluntarily posts a public record on its Internet Web site to post the public record in an open format, as specified.

BACKGROUND

The California Public Records Act (CPRA), enacted in 1968, requires public disclosure of public agency documents. The CPRA gives every person the right to inspect and obtain copies of all state and local government documents not exempt from disclosure. (Gov. Code Sec. 6253.) In recognition of the increased reliance by public agencies on electronic documents, the Legislature enacted AB 2799 (Shelley, Chapter 982, Statutes of 2000), which, among other things, required public agencies, upon request, to disclose electronic records in an electronic format in which the agency held information or in a format that had been used by the agency to create copies for its own use or for other public agencies.

Since 2000, computer technology has advanced to provide open format software whereby electronic documents created and maintained by public agencies can be searched, indexed, and redacted electronically. In 2009, in order to increase government agency accountability, promote informed public participation, and create economic opportunity through expanding access to information online in open formats, the United States Director of the Office of Management and Budget issued an Open Government Directive to federal government agencies. (Peter R. Orszag, Director, Executive Office of the President, Office of Management and Budget, Memorandum for the Heads of Executive Departments and Agencies, Open Government Directive, Dec. 8, 2009, p. 2.) This Directive provided guidelines to public agencies responding to public requests under the Freedom of Information Act and instructed federal government agencies to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.” (Id.)

In 2013, President Obama signed Executive Order No. 13642, which established the Open Data Policy and required all newly generated government data to be made available in open, machine-readable formats in order to “promote continued job growth, Government efficiency, and the social good that can be gained from opening Government data to the public.” (Exec. Order No. 13642, 78 Fed.Reg. 28111 (May 9, 2013).)

This bill seeks to further the purpose of those orders by requiring local agencies, other than school districts, to post public records in an open format.

CHANGES TO EXISTING LAW

Existing law, the California Constitution, declares the people’s right to transparency in government. (“The people have the right of access to information concerning the conduct of the people’s business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny....”) (Cal. Const., art. I, Sec. 3.)

Existing law, the California Public Records Act (CPRA), governs the disclosure of information collected and maintained by public agencies. (Gov. Code Sec. 6250 et seq.) Generally, all public records are accessible to the public upon request, unless the record requested is exempt from public disclosure. (Gov. Code Sec. 6254.) There are 30 general categories of documents or information that are exempt from disclosure, essentially due to the character of the information, and unless it is shown that the public’s interest in disclosure outweighs the public’s interest in non-disclosure of the information, the exempt information may be withheld by the public agency with custody of the information.

Existing law provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as specified. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (Gov. Code Sec. 6253(a).)

Existing law requires a public agency to make non-exempt electronic public records available in any electronic format in which it holds the information or, if requested, in an electronic format used by the agency to create copies for its own or other agency’s use. (Gov. Code Sec. 6253.9(a)(1).)

Existing law authorizes a public agency to charge to the requestor the direct cost of producing the electronic public record. (Gov. Code Sec. 6253.9(a)(2).)

Existing law requires the requestor of the electronic public record to pay the cost of producing a copy of the record, including the cost to construct the record, and the cost of programming and computer services necessary to produce a copy of the record if the public agency produces the electronic record only at regularly scheduled intervals or the request requires data compilation, extraction, or programming to produce the electronic record. (Gov. Code Sec. 6253.9(b).)

Existing law provides that a public agency is not required to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained. (Gov. Code Sec. 6253.9(f).)

Existing law defines “local agency” to include a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency. (Gov. Code Sec. 6252(a).)

This bill would require a local agency, except a school district, that voluntarily posts a public record that is described as “open” on its Internet Web site to post the public record in an open format that meet all of the following requirements:

• retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

• platform independent and machine readable;

• available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and

• retains the data definitions and structure present when the data was compiled, if applicable.

This bill would make various related legislative findings and declarations.

COMMENT

1. Stated need for the bill

The author writes:

Key information maintained by local governments, from business licenses to council agendas and budgets, are frequently kept in file formats that make them difficult to find or analyze using contemporary internet tools and other technology. The current guidelines for posting these documents predate the Xerox machine and thus are inadequate in the modern era.

The concept of “Open Data” describes data that are freely available, machine-readable, and formatted according to national technical standards to facilitate visibility and re-use of published data. This concept of open data allows access to standardized data that can be easily retrieved, downloaded, sorted, searched, analyzed, redistributed and re-used by individuals, business, researchers, journalists, developers, and government to process, trend, and innovate utilizing a single data table or combinations of data tables.

2. Electronic information to be provided in open data format

Existing law, the California Public Records Act (CPRA), requires a public agency to make non-exempt electronic public records available in any electronic format in which it holds the information or, if requested, in an electronic format used by the agency to create copies for its own or other agency’s use. (Gov. Code Sec. 6253.9(a)(1).) This bill would require a local agency, except a school district, that voluntarily posts a public record that is described as “open” on its Internet Web site to post the public record in an open format, as specified.

The San Diego Regional Data Library, in support, argues that “[t]oo many agencies discharge their obligations under the [CPRA] or local open data mandates by releasing data in formats that are difficult to use. Occasionally[,] the goal of releasing in closed formats is to obscure the data, but more often it is a combination of a lack of understanding of how data is used combined with organizational inertia. Regardless of the motivation, the result is that the data release[d] serves the letter of the law but not the spirit of transparency.”

Notably, the federal government has already instructed federal agencies to provide public access to electronic agency information in an open format. In an effort to increase government agency accountability and promote informed public participation, the United States Director of the Office of Management and Budget issued an Open Government Directive (Directive) to federal public agencies responding to public requests under the Freedom of Information Act to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.” (Peter R. Orszag, Director, Executive Office of the President, Office of Management and Budget, Memorandum for the Heads of Executive Departments and Agencies, Open Government Directive, Dec. 8, 2009, p. 2.) The Directive defines “open format” to mean “one that is platform independent, machine readable, and made available to the public without restrictions that would impede the re-use of that information.”

To that end, this bill would require a local agency, except a school district, to post a public record in an open format that meet all of the following requirements:

• retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

• platform independent and machine readable;

• available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and

• retains the data definitions and structure present when the data was compiled, if applicable.

The Sunlight Foundation, in support, notes the elements listed above are broadly recognized to be the core of what it means to make data open. As such, the Sunlight Foundation argues, this bill “supports the public provision of good-quality, usable data through ensuring that whatever contextual information was originally available with the data remains present in its public-facing publication.”

The California Forward Action Fund (CFAF), also in support, states that “[u]nderstanding that transparency can foster accountability, fuel entrepreneurship and improve government performance, more and more local governments in California are embracing transparency by making previously inaccessible government data available online for public scrutiny and use. But the publication of data alone doesn’t inherently make them useful. Although local agencies are releasing more data than ever before, a lot is lying fallow because they’re often in an unsearchable file format, such as PDF, making the information difficult to find and analyze.”

Staff notes that this bill would work in conjunction with existing law that protects the integrity of original public documents being electronically disclosed. Specifically, existing law provides that an agency is not required to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record. (Gov. Code Sec. 6253.9(h).) Staff notes that this bill would not require a local agency to convert into an open format data or records received from other agencies or sources and does not require a public agency to update its software or hardware to comply with requirements in the bill. Rather, the bill would require a local agency, except a school district, that voluntarily posts a public record that is described as “open” on its Internet Web site to post the public record in an open format. As noted by the CFAF, “by requiring that public records published online by local agencies be in a format that is searchable, downloadable and machine-readable and available to the public free of charge, this bill can help local governments unlock the power of open data to improve results, reduce costs, and rebuild trust.” However, it is unclear as to what “open” refers in the context of this bill – it appears from the text that the local agency would have to label the posted public record as “open” in order for this bill to apply. Additionally, local agencies may maintain Internet resources, in general, rather than one Internet Web site devoted to providing open formatted public records. To clarify that the bill would apply to Internet resources, which may include an Internet Web site, Internet Web page, or other resource on the Internet that is maintained by a local agency and provides open data to the public, the author offers the following amendments:

Author’s amendments:

1. On page 2, in line 5, strike “A” and insert “If a local agency, except a school district, maintains an Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as ‘open data,’ and the”

2. On page 2, in line 5, strike “, except a school district, that”

3. On page 2, in line 6, strike “that is described as ‘open’”

4. On page 2, in line 7, strike “its” and insert “that”

5. On page 2, in line 7, strike “Web site” and insert “Resource, the local agency”

Support: Associated Builders and Contractors of California; Building Owners and Managers Association of California; California Building Industry Association; California Business Properties Association; California Business Roundtable; California Forward Action Fund; California League of Food Processors; California Manufacturing & Technology Association; California Taxpayers Association; Commercial Real Estate Development Association, NAIOP of California; Family Business Association; International Council of Shopping Centers; Los Angeles County Business Federation; National Federation of Independent Business; San Diego Regional Data Library; Sunlight Foundation

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation:

SB 573 (Pan, 2015), among other things, would create the statewide open data portal, as defined, to provide public access to data sets from agencies within the state. The bill would require any data published on the statewide open data portal or other open data portal operated by an agency to comply with all state and federal privacy laws and regulations, and make the statewide open data portal available, at no cost, to local agencies interested in using the statewide open data portal to publish its own data. SB 573 is currently in the Assembly Rules Committee awaiting committee referral.

SB 272 (Hertzberg, 2015) would require each local agency to create a catalog of enterprise systems, as defined, post that catalog on the local agency’s Internet Web site, and make the catalog publicly available upon request in the office of the clerk of the agency’s legislative body. SB 272 is currently in the Assembly Judiciary Committee.

AB 1215 (Ting, 2015), among other things, would enact the California Open Data Act and require state agencies to make public data, as defined, available on an Internet Web portal and authorize a local government to adopt that standard. AB 1215 would require each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. AB 1215 would also require specified legal policies for public data to be posted on the Internet Web portal. AB 1215 is currently under submission in the Assembly Appropriations Committee.

Prior Legislation:

SB 1002 (Yee, 2012) would have enacted the California Open Data Standard and required a state or local agency to make electronic data or an electronic document available to the public in an open format, as defined. That provision was subsequently removed to instead require the State Chief Information Officer to conduct a study to determine the feasibility of providing electronic records in an open format. SB 1002 was vetoed by Governor Brown because he believed that another legislative report on electronic public records was unnecessary.

AB 2799 (Shelley, Chapter 982, Statutes of 2000) See Background.

Prior Vote:

Assembly Floor (Ayes 77, Noes 0)

Assembly Appropriations Committee (Ayes 17, Noes 0)

Assembly Local Government Committee (Ayes 9, Noes 0)

**************

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 169

Author:(Maienschein) – As Amended Ver:April 6, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY: This bill requires a local agency, except a school district, that voluntarily posts a public record that is described as “open” on its Internet website to post the public record in an open format that meets all of the following requirements:

1. Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.

2. Platform independent and machine readable.

3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record.

4. Retains the data definitions and structure present when the data was compiled.

FISCAL EFFECT:

1. Negligible state costs.

2. There are no reimbursable local mandate costs because any costs incurred by local agencies would fall under Proposition 42.

COMMENTS:

1. Purpose. This bill seeks to increase transparency and usability of government data by establishing guidelines and uniformity for local governments that choose to post "open" records on their websites. According to the author, "Making local government data available online using open standards will increase transparency and make operations more effective and accountable to the public. It will streamline communication between government agencies, both state and local, and vastly improve accessibility for the public. Making the information electronically searchable will also permit the public to assist in identifying efficient solutions for government, create economic opportunities and promote innovation and accountability at the local level."

2. Background. In 2009, the United States Director of the Office of Management and Budget issued an Open Government Directive to federal government agencies. This Directive provided guidelines to public agencies responding to public requests under the Freedom of Information Act and instructed federal government agencies to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.”

The National League of Cities in 2014 issued a report entitled, "City Open Data Policies: Learning by Doing." According to the report, "The White House launched its Open Government Initiative in 2013, including its Data.gov website, thus beginning the process of making government data more readily available. In the wake of this federal initiative, in partnership with communities, private companies, advocates, and the technology sector, cities have begun to innovatively pursue open data.

Several local jurisdictions in California have launched their own Open Data websites or portals. For example, the City of Los Angeles has a searchable website with information on the economy, public safety, the environment, city services, city budget, events and culture, parks and libraries, and transportation. About three months after the launch of Los Angeles’ open data site, the city appointed its first Chief of Data officer.

3. Proposition 42. Proposition 42 was passed by voters on June 3, 2014, amended the state Constitution to require all local governments to comply with the California Public Records Act and the Ralph M. Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the California Public Records Act and the Ralph M. Brown Act.

4. Related Legislation.

1. AB 1215 (Ting), pending in this committee, creates the California Open Data Act and the position of Chief Data Officer, who is required to establish the California Open Data Standard (standard), requires state agencies to make public data available on an Internet Web portal pursuant to that standard, and allows a local government to adopt that standard.

2. SB 272 (Hertzberg), pending in Senate Appropriations, requires local agencies, in implementing the CPRA, to create a catalog of enterprise systems, make the catalog publicly available upon request in the office of the clerk of the agency’s legislative body, and post the catalog on the local agency’s Internet Web site.

3. SB 573 (Pan), pending in Senate Governmental Organization, requires the Governor to appoint a Chief Data Officer who is required to create a statewide open data portal to provide public access to data sets from agencies within the state.

5. Previous Legislation. SB 1002 (Yee) of 2012 would have required the State Chief Information Officer to conduct a study to determine the feasibility of providing electronic records in an open format. SB 1002 was vetoed by Governor Brown. In his veto message he questioned the need for another legislative report.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 15, 2015

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

ABPCA Bill Id:AB 169

Author:(Maienschein) – As Amended Ver:April 6, 2015

SUBJECT: Local government: public records: Internet.

SUMMARY: Requires local agencies to use specified open data standards if they choose to post public records online that are described as "open." Specifically, this bill:

1. Requires a local agency, except a school district, that voluntarily posts a public record that is described as “open” on its Internet Web site (website) to post the public record in an open format that meets all of the following requirements:

   1. Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

2. Platform independent and machine readable;

3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and,

4. Retains the data definitions and structure present when the data was compiled, if applicable.

2. Finds and declares that Section 1 of the bill furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies, and declares, pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, that the Legislature makes the following findings:

Because California’s local agencies are increasingly releasing information in an open format, because open format is not defined in current law, and because data released by local agencies in an open format should be as uniform and usable as possible, requiring local agencies to follow standardized requirements when they elect to release information in an open format furthers the purpose of Section 3 of Article I of the California Constitution.

3. Provides that no reimbursement is required by this bill because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

EXISTING LAW:

1. Requires public agencies, pursuant to the California Public Records Act (CPRA), to make their records available for public inspection and, upon request, to provide a copy of a public record unless the record is exempt from disclosure.
   
   

2. Requires a public agency to make non-exempt electronic public records available in any electronic format in which it holds the information or, if requested, in an electronic format used by the agency to create copies for its own or another agency’s use.

3. Authorizes a public agency to charge to the requester the direct cost of producing the electronic public record.

4. Requires the requester of the electronic record to bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if the public agency produces the electronic record only at regularly scheduled intervals or the request requires data compilation, extraction, or programming to produce the record.

5. Provides that a public agency is not required to release an electronic record in the electronic form in which it is held by the agency, if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Bill Summary. This bill requires local agencies that choose to post on their websites public records that are described as "open" to use a format that:

1. Is retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;

2. Is platform independent and machine readable;

3. Is available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and,

4. Retains the data definitions and structure present when the data was compiled, if applicable.

This bill is sponsored by the author.

2. Author's Statement. According to the author, "Key information maintained by local governments, from business licenses to council agendas and budgets, are frequently kept in file formats that make them difficult to find or analyze using contemporary internet tools and other technology. The guidelines for posting these documents predate the Xerox machine.

"Making local government data available online using open standards will increase transparency and make operations more effective and accountable to the public. It will streamline communication between government agencies, both state and local, and vastly improve accessibility for the public. Making the information electronically searchable will also permit the public to assist in identifying efficient solutions for government, create economic opportunities and promote innovation and accountability at the local level.

"Critically, this bill does not mandate such action, but establishes key standards for agencies seeking to modernize their disclosure practices. This promotes common standards, based on best practices utilized by governments across the U.S and throughout the world. Adopting these standards will ensure that government information is accessible, interoperable and easily utilized by the public."

3. Background. The Open Data movement is rapidly growing in popularity and recognition, both nationally and in California. Computer technology has advanced to provide open format software, which allows electronic documents created and maintained by public agencies to be searched, indexed, and redacted electronically.

In 2009, in order to increase government agency accountability, promote informed public participation, and create economic opportunity through expanding access to information online in open formats, the United States Director of the Office of Management and Budget issued an Open Government Directive to federal government agencies. This Directive provided guidelines to public agencies responding to public requests under the Freedom of Information Act and instructed federal government agencies to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.”

4. California Open Data Portals. The California Health and Human Services Agency (CHHS) launched an Open Data Portal (portal) initiative in order to increase public access to one of the state’s most valuable assets – non-confidential health and human services data. According to the CHHS portal, "Its goals are to spark innovation, promote research and economic opportunities, engage public participation in government, increase transparency, and inform decision-making. 'Open Data' describes data that are freely available, machine-readable, and formatted according to national technical standards to facilitate visibility and reuse of published data.

"The portal offers access to standardized data that can be easily retrieved, combined, downloaded, sorted, searched, analyzed, redistributed and re-used by individuals, business, researchers, journalists, developers, and government to process, trend, and innovate. (It) puts tools for transparency, accountability, and innovation directly into the hands of Californians and others through a centralized, user-friendly interface. (The portal) provides users with a single point of entry to access CHHS departments’ publishable data. This increased visibility provides derivative value as the public is able to analyze and utilize publicly available (publishable) government data to better understand what is happening in government on all levels – federal, state, and local."

The CHHS also developed an Open Data Handbook (handbook), which provides guidelines to identify, review, prioritize and prepare publishable CHHS data for access by the public via the CHHS portal. The handbook is intended to serve both as an internal and external resource to any party that may be interested in improving the general public’s online access to data, and to provide an understanding of the processes by which CHHS makes its publishable data tables available. The handbook "focuses on general guidelines and thoughtful processes but also provides linked tools/resources that operationalize those processes."

The State Controller also has an open data website, which contains financial and statistical information for cities and counties around the state, allowing visitors to track spending, revenues, assets, and liabilities. The Controller's website contains more than 13 million fields of data for counties and cities over an eleven-year period, from 2002-2013.

5. Open Data and Cities. The National League of Cities in 2014 issued a report entitled, "City Open Data Policies: Learning by Doing." According to the report, "The White House launched its Open Government Initiative in 2013, including its Data.gov website, thus beginning the process of making government data more readily available. In the wake of this federal initiative, in partnership with communities, private companies, advocates, and the technology sector, cities have begun to innovatively pursue open data.

"As the primary providers of government services, cities collect and hold massive amounts
of data about crimes, waste management, transportation, education, housing, consumption, and more. Until recently, much of the inherent potential in this data has been untapped. By making city data freely accessible, governments have not only improved their transparency, but have begun to use open data as a means to improve services and gather more information about communities.

"Open data is still a new concept to governments and practice models for implementation and design are lacking. The National League of Cities seeks to assist city leaders in developing and pursuing open data policies by outlining implementation processes and pointing to best practices."

Several local jurisdictions in California have launched their own Open Data websites or portals. For example, the City of Los Angeles has a searchable website with information on the economy, public safety, the environment, city services, city budget, events and culture, parks and libraries, and transportation. About three months after the launch of Los Angeles’ open data site, the city appointed its first Chief of Data officer.

As another example, AmLegal Decoder was deployed in San Francisco after the Mayor’s Office of Civic Innovation, The OpenGov Foundation and American Legal Publishing Corp. teamed up to transform and publish the city’s laws and legal and technical codes at SanFranciscoCode.org. AmLegal Decoder is open-source software that automatically updates SanFranciscoCode.org and delivers every newly codified city law accessible online for city employees, everyday citizens and anyone else who might need them.

In addition, the City of Long Beach has its own open data site, OpenUpLongBeach.com. Long Beach and Fresno have hosted open data events as well. The Open Knowledge Foundation also lists Sacramento, San Jose, Oakland, West Hollywood, Pasadena, Culver City, Santa Clarita, Bell, Manhattan Beach, San Diego, Burbank, Compton, and other California cities in its U.S. Cities Open Data Census.

6. Proposition 42. Proposition 42 was passed by voters on June 3, 2014, and requires all local governments to comply with the California Public Records Act and the Ralph M. Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the California Public Records Act and the Ralph M. Brown Act.

This bill contains language that says that the Legislature finds and declares that Section 1 of the bill furthers the purpose of the California Constitution as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the Constitution, the bill also includes a finding that says that "Because California’s local agencies are increasingly releasing information in an open format, because open format is not defined in current law, and because data released by local agencies in an open format should be as uniform and usable as possible, requiring local agencies to follow standardized requirements when they elect to release information in an open format furthers the purpose
of Section 3 of Article I of the California Constitution."

Section 3 of the bill specifies that no reimbursement for local agencies to implement the bill's provisions is necessary because "the only costs that may be incurred by a local agency or school district…would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution."

7. Related Legislation. AB 1215 (Ting) creates the California Open Data Act and the position of Chief Data Officer, who is required to establish the California Open Data Standard (standard), as specified; requires state agencies to make public data, as defined, available on an Internet Web portal pursuant to that standard; and, allows a local government to adopt that standard. AB 1215 is pending in the Assembly Accountability and Administrative Review Committee.

SB 272 (Hertzberg) requires local agencies, in implementing the CPRA, to: create a catalog of enterprise systems, as defined; make the catalog publicly available upon request in the office of the clerk of the agency’s legislative body; and, post the catalog on the local agency’s Internet Web site. SB 272 is pending in the Senate Governance and Finance Committee.

SB 573 (Pan) requires the Governor to appoint a Chief Data Officer, who is required to create a statewide open data portal, as defined, to provide public access to data sets from agencies within the state. SB 573 is pending in the Senate Governmental Organization Committee.

8. Previous Legislation. SB 1002 (Yee) of 2012 would have required the State Chief Information Officer to conduct a study to determine the feasibility of providing electronic records in an open format. SB 1002 was vetoed with the following message:

The role of the State Chief Information Officer is to make sure that state government uses information technology efficiently and effectively – including providing public records electronically when possible. Another legislative report on electronic public records isn't necessary.

AB 2799 (Shelley), Chapter 982, Statutes of 2000, required public agencies, upon request, to disclose electronic records in an electronic format in which the agency held information or in a format that had been used by the agency to create copies for its own use or for other public agencies.

9. Arguments in Support. The Sunlight Foundation, in support, writes, "Sunlight feels that AB 169 will increase the accessibility of local open data by providing a useful definition of what 'open' really means for municipalities that want to join the open data movement. By offering a clear definition of open data as 'retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;' 'platform independent and machine readable;' and 'available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record' AB 169 promotes a set of elements that are broadly recognized to be the core of what it means to make data open. In addition, by recommending that information released "retain[s] the data definitions and structure present when the data was compiled,” AB 169 supports the public provision of good-quality, usable data through ensuring that whatever contextual information was originally available with the data remains present in its public-facing publication.

"Increasing the amount of available, good quality open data is an important goal for California to pursue as a state. California is already rich in local open data expertise that can help local data’s value spread rapidly. The state features the leadership of municipal open data programs in San Francisco, Oakland, Los Angeles, Sacramento (and West Sacramento) and San Diego, and a new county-wide open data initiative recently came online in Los Angeles County. Individual state agencies have (also) demonstrated their strong interest in opening state data…While not a mandate for activity by local governments, AB 169 would establish a needed framework for managing information and ensuring those governments making their data 'open' will do so in a way that maximizes the utility and interoperability of this information.

10. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

CalTax

Sunlight Foundation

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958