Existing law requires the heads of state agencies and entities to appoint chief information officers, requires state agencies and entities to report certain information to the Department of Technology, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis. Existing law, before July 1, 2019, and before July 1 biennially thereafter, requires the director of each state agency or state entity and the chief information officer of that state agency or state entity to post on the homepage of the state agencys or state entitys Internet Web site a signed certification that the state agencys or state entitys Internet Web site is in compliance with specified accessibility standards.

This bill would additionally require the director of each state agency or state entity and each chief information officer, before January 1, 2020, July 1, 2021, and July 1 biennially thereafter, to post a signed certification on the homepage of the state agencys or state entitys Internet Web site that the Internet Web site is mobile-friendly, as defined. The bill would also prohibit an Internet Web site maintained by a state agency or state entity that is intended for use by the public from becoming operational and continuing to be operational unless it is mobile-friendly and accessible by persons with disabilities.

Existing law requires the heads of state agencies and entities to appoint chief information officers, requires state agencies and entities to report certain information to the Department of Technology, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis. Existing law, before July 1, 2019, and before July 1 biennially thereafter, requires the director of each state agency or state entity and the chief information officer of that state agency or state entity to post on the homepage of the state agencys or state entitys Internet Web site a signed certification that the state agencys or state entitys Internet Web site is in compliance with specified accessibility standards.

This bill would additionally require the director of each state agency or state entity and each chief information officer to certify officer, before January 1, 2020, July 1, 2021, and July 1 biennially thereafter, to post a signed certification on the homepage of the state agencys or state entitys Internet Web site that the Internet Web site is mobile-friendly. mobile-friendly, as defined. The bill would also prohibit an Internet Web site maintained by a state agency or state entity that is intended for use by the public from becoming operational and continuing to be operational unless it is mobile-friendly, as defined, mobile-friendly and accessible by persons with disabilities.

Existing law requires the heads of state agencies and entities to appoint chief information officers, requires state agencies and entities to report certain information to the Department of Technology, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis. Existing law, before July 1, 2019, and before July 1 biennially thereafter, requires the director of each state agency or state entity and the chief information officer of that state agency or state entity to post on the home page homepage of the state agencys or state entitys Internet Web site a signed certification that the state agencys or state entitys Internet Web site is in compliance with specified accessibility standards.

This bill would additionally require the director of each state agency or state entity and each chief information officer to certify that the Internet Web site is mobile friendly. mobile-friendly. The bill would also prohibit an Internet Web site maintained by a state agency that is intended for use by the public from becoming operational unless it is mobile friendly mobile-friendly, as defined, and accessible by persons with disabilities.

Existing law authorizes the Secretary of State to appoint and commission notaries public in the number the Secretary of State deems necessary for the public convenience. Under existing law, notaries public are authorized to act as notaries in any part of this state.

This bill would make nonsubstantive changes to that provision.

GOVERNOR'S VETO

GV Bill Id:AB 2749

Author:(Bonta)

As Enrolled Ver:September 7, 2018

2/3 vote

Original Committee Reference: P. & C.P.

SUMMARY: Provides that an internet website maintained by a state agency or state entity that is intended for use by the public shall only become operational if it is mobile-friendly and accessible by persons with disabilities and expands existing accessibility requirements for state internet websites to require that state agencies and entities hereinafter also certify that the agency or entity's website is mobile-friendly, as specified. The certification must be posted on the state agency or entity's internet website homepage. This bill defines "mobile-friendly" as having substantially similar accessibility and functionality features across devices.

The Senate amendments:

1. Add a requirement that before July 1, 2020, the director of each state agency or state entity must post on the homepage of the state agency's or state entity's internet website a signed certification from the agency's or entity's director and Chief Information Officer (CIO) that they have determined that the site is mobile friendly.
2. Specify that, before July 1, 2021, and biennially thereafter, the director of each state agency or state entity, and each CIO, must repost on the homepage of the agency's or entity's internet website a signed certification from the agency's or entity's director and CIO that they have redetermined that the site is in compliance with specified accessibility standards and requirements.
3. Make other technical and clarifying amendments.

EXISTING LAW:

1. Establishes California Department of Technology (CDT) within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. (Government Code Section (GOV) 11545(a).)
2. Requires the Director to, among other things, advise the Governor on the strategic management and direction of the state's information technology resources and provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives. (GOV 11545(b).)
3. Requires CDT to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. (GOV 11546.1.)
4. Requires the heads of state agencies and entities to appoint chief information officers (CIOs), requires state agencies and entities to report certain information to the department, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis. (GOV 11545.)
5. Requires, before July 1, 2019, and before July 1 biennially thereafter, each state agency, state entity, and CIO, as specified, to post on the home page of the state agency's or state entity's internet website a signed certification that they have determined that the internet website is in compliance with specified accessibility standards. Further requires that the Director of Technology create a standard form that each state agency's or state entity's CIO shall use to determine whether the state agency's or state entity's website is in compliance with the necessary accessibility standards. (GOV 11546.7.)
6. Defines "state entity" for purposes above to mean an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a "state agency." State agency is defined as the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. (GOV 11546.1(e).)

FISCAL EFFECT: According to the Senate Appropriations Committee, "Unknown, potentially significant costs for state agencies and state entities to update their websites by January 1, 2020, to make them mobile friendly. Costs will be dependent on how many changes and the complexity of changes that each agency or entity will have to make for the website to become mobile friendly and accessible."

COMMENTS:

1. Purpose of this bill: Consumers, including consumers of government services, rely more and more on their smartphones to access services. This bill seeks to make mobile-friendly government services subject to the AB 434 accessibility standards enacted last year to ensure that these services are fully accessibly for persons with disabilities whether the services are obtained through online websites through computers, or on smartphones. This is an author-sponsored bill.
2. Author's statement: According to the author, "AB 434 (Baker) chaptered in 2017 required that each California government agency or entity website must be compliant with certain accessibility standards, specifically addressing the need for state government websites to be better accessible to people of disabilities. However, there is no specific language that includes or specifies the need to ensure that state government websites are accessible on a mobile device. Mobile devices are a growing form of accessing government websites. Over the last 90 days, there were over 2.84 billion visits to government websites throughout the United States. [As such,] AB 2749 would add 'mobile friendly' to Government Code Section 11546.7 and would also include a section that ensures future state government websites will be mobile friendly before they are operational."

The author also cites a recent Pew Research Center study on United States Smartphone Use in 2015, demonstrating that 40% of smartphone owners use a smartphone to look up government services or information. The author also points out that the study also shows:

• 1. 64% of American adults now own a smartphone, up from 35% in 2011
     1. 85% of adults 18-29 own a smartphone
     2. 50% of adults making less than $30K per year own a smartphone
  2. 43% use a smartphone to look up information about a job
     1. 69% for 18-29 year olds
     2. Those from households earning less than $30,000 per year are nearly twice as likely to use a smartphone to look for information about a job – and more than four times as likely to use their phone to actually submit a job application.

"With this in mind," the author argues "it is imperative to ensure that state government website are mobile friendly and accessible to all Californians since mobile devices are now a popular way to access state government websites for services, information, and jobs."

1. Prior legislation: AB 434 (Baker), Chapter 780, Statutes 2017 required, before July 1, 2019 and before July 1 biennially thereafter, that the director and CIO of each state agency or entity post on the home page of the agency's or entity's internet website a signed certification that the agency's or entity's website is in compliance with specified accessibility standards. AB 434 further required that the Director of CDT create a standard form that each state agency's or state entity's CIO would be required to use to determine whether the state agency's or state entity's website is in compliance with the specified accessibility standards.

GOVERNOR'S VETO MESSAGE:

This bill requires all state agencies to certify that their Internet web sites are mobile-friendly.

I signed Assembly Bill 434 into law last year which requires all state agency websites to meet specified accessibility standards, including mobile accessibility.

While I support the author's intent to ensure state websites are both accessible and mobile-friendly, this bill is unnecessary.

Analysis Prepared by: Ronak Daylami / P. & C.P. / (916) 319-2200 FN: 0005271

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2749

Author:(Bonta)

As Amended Ver:August 21, 2018

Majority vote

Original Committee Reference: P. & C.P.

SUMMARY: Provides that an internet website maintained by a state agency or state entity that is intended for use by the public shall only become operational if it is mobile-friendly and accessible by persons with disabilities and expands existing accessibility requirements for state internet websites to require that state agencies and entities hereinafter also certify that the agency or entity's website is mobile-friendly, as specified. The certification must be posted on the state agency or entity's internet website homepage. This bill defines "mobile-friendly" as having substantially similar accessibility and functionality features across devices.

The Senate amendments:

1. Add a requirement that before July 1, 2020, the director of each state agency or state entity must post on the homepage of the state agency's or state entity's internet website a signed certification from the agency's or entity's director and Chief Information Officer (CIO) that they have determined that the site is mobile friendly.
2. Specify that, before July 1, 2021, and biennially thereafter, the director of each state agency or state entity, and each CIO, must repost on the homepage of the agency's or entity's internet website a signed certification from the agency's or entity's director and CIO that they have redetermined that the site is in compliance with specified accessibility standards and requirements.
3. Make other technical and clarifying amendments.

EXISTING LAW:

1. Establishes California Department of Technology (CDT) within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. (Government Code Section (GOV) 11545(a).)
2. Requires the Director to, among other things, advise the Governor on the strategic management and direction of the state's information technology resources and provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives. (GOV 11545(b).)
3. Requires CDT to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. (GOV 11546.1.)
4. Requires the heads of state agencies and entities to appoint chief information officers (CIOs), requires state agencies and entities to report certain information to the department, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis. (GOV 11545.)
5. Requires, before July 1, 2019, and before July 1 biennially thereafter, each state agency, state entity, and CIO, as specified, to post on the home page of the state agency's or state entity's internet website a signed certification that they have determined that the internet website is in compliance with specified accessibility standards. Further requires that the Director of Technology create a standard form that each state agency's or state entity's CIO shall use to determine whether the state agency's or state entity's website is in compliance with the necessary accessibility standards. (GOV 11546.7.)
6. Defines "state entity" for purposes above to mean an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a "state agency." State agency is defined as the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. (GOV 11546.1(e).)

FISCAL EFFECT: According to the Senate Appropriations Committee, "Unknown, potentially significant costs for state agencies and state entities to update their websites by January 1, 2020, to make them mobile friendly. Costs will be dependent on how many changes and the complexity of changes that each agency or entity will have to make for the website to become mobile friendly and accessible."

COMMENTS:

1. Purpose of this bill: Consumers, including consumers of government services, rely more and more on their smartphones to access services. This bill seeks to make mobile-friendly government services subject to the AB 434 accessibility standards enacted last year to ensure that these services are fully accessibly for persons with disabilities whether the services are obtained through online websites through computers, or on smartphones. This is an author-sponsored bill.
2. Author's statement: According to the author, "AB 434 (Baker) chaptered in 2017 required that each California government agency or entity website must be compliant with certain accessibility standards, specifically addressing the need for state government websites to be better accessible to people of disabilities. However, there is no specific language that includes or specifies the need to ensure that state government websites are accessible on a mobile device. Mobile devices are a growing form of accessing government websites. Over the last 90 days, there were over 2.84 billion visits to government websites throughout the United States. [As such,] AB 2749 would add 'mobile friendly' to Government Code Section 11546.7 and would also include a section that ensures future state government websites will be mobile friendly before they are operational."

The author also cites a recent Pew Research Center study on United States Smartphone Use in 2015, demonstrating that 40% of smartphone owners use a smartphone to look up government services or information. The author also points out that the study also shows:

• 1. 64% of American adults now own a smartphone, up from 35% in 2011
     1. 85% of adults 18-29 own a smartphone
     2. 50% of adults making less than $30K per year own a smartphone
  2. 43% use a smartphone to look up information about a job
     1. 69% for 18-29 year olds
     2. Those from households earning less than $30,000 per year are nearly twice as likely to use a smartphone to look for information about a job — and more than four times as likely to use their phone to actually submit a job application.

"With this in mind," the author argues "it is imperative to ensure that state government website are mobile friendly and accessible to all Californians since mobile devices are now a popular way to access state government websites for services, information, and jobs."

1. Prior legislation: AB 434 (Baker) Chapter 780, Statutes 2017 required, before July 1, 2019 and before July 1 biennially thereafter, that the director and CIO of each state agency or entity post on the home page of the agency's or entity's internet website a signed certification that the agency's or entity's website is in compliance with specified accessibility standards. AB 434 further required that the Director of CDT create a standard form that each state agency's or state entity's CIO would be required to use to determine whether the state agency's or state entity's website is in compliance with the specified accessibility standards.

Analysis Prepared by: Ronak Daylami / P. & C.P. / (916) 319-2200 FN: 0005027

 THIRD READING  

Bill No: AB 2749

Author:

Amended: 8/21/18 in Senate

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Portantino, Vidak, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 78-0, 5/31/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the director of each state agency or state entity and each chief information officer to post a signed certification on the homepage of the state agency’s or state entity’s Internet Web site that the site is mobile friendly, as specified.

ANALYSIS:

Existing law:

1. Establishes the California Department of Technology (CDT), within the Government Operations Agency, and generally requires CDT to be responsible for the approval and oversight of information technology (IT) projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs.
2. Requires, before July 1, 2019, and biennially thereafter, the director of each state agency or state entity and the chief information officer of that state agency or state entity to post on the homepage of the state agency’s or state entity’s Internet Web site a signed certification that the agency’s or entity’s site is in compliance with specified accessibility standards.
3. Defines “state agency” to mean the Transportation Agency; Department of Corrections and Rehabilitation; Department of Veterans Affairs; Business, Consumer Services, and Housing Agency; Natural Resources Agency; California Health and Human Services Agency; California Environmental Protection Agency; Labor and Workforce Development Agency; and Department of Food and Agriculture.
4. Defines “state entity” to mean any entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency.”

This bill:

1. Requires, before July 1, 2019, the director of each state agency or state entity and each chief information officer to certify that the state agency’s or state entity’s Internet Web site is in compliance with specified accessibility standards and requirements.
2. Requires, before July 1, 2020, the director of each state agency or state entity to post on the homepage of the state agency’s or state entity’s Internet Web site a signed certification from the agency’s or entity’s director and chief information officer that they have determined that the site is mobile friendly.
3. Requires, before July 1, 2021, and biennially thereafter, the director of each state agency or state entity, and each chief information officer, to repost on the homepage of the agency’s or entity’s Internet Web site a signed certification from the agency’s or entity’s director and chief information officer that they have redetermined that the site is in compliance with specified accessibility standards and requirements.
4. Provides that an Internet Web site maintained by a state agency or state entity that is intended for use by the public shall only become operational and continue to be operational if it is mobile-friendly and accessible by persons with disabilities.
5. Defines “mobile-friendly” to mean having substantially similar accessibility and functionality features across devices.

Background

Smartphone use. According to a 2015 study by the Pew Research Center, nearly two-thirds of Americans own a smartphone, and 19% of Americans rely to some degree on a smartphone for accessing online services and information and for staying connected to the world around them – either because they lack broadband at home, or because they have few options for online access other than their cell phone. Further, seven percent of Americans own a smartphone but have neither traditional broadband service at home, nor easily available alternatives for going online other than their cell phone.

2014 Audit of government website accessibility. In 2014, the Bureau of State Audits (BSA) released a report on state government Web site accessibility (2014-131) wherein BSA found that the state websites they reviewed were “not fully accessible.” Forty-seven percent of Californians report using the Internet to access government services, yet despite the high levels of usage, BSA found violations of applicable accessibility standards on each department’s Web site.

Comments

Purpose of the bill. According to the author, “AB 2749 would simply add ‘mobile-friendly’ to Government Code Section 11546.7 and would also include a section that ensures future state government websites will be mobile friendly before they are operational. This is a simple, clarifying addition to the code section to ensure that Californians that only have access to smartphones can still have the same experience and ability to receive government resources and services on their mobile device.”

Related/Prior Legislation

SB 1396 (Galgiani, 2018) establishes the Office of Accessible Technology within CDT to be the central point of responsibility for ensuring state and entity compliance with state and federal electronic and information accessibility technology policy and statutes, as specified. (Held in the Assembly Appropriations Committee)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, unknown, potentially significant costs for state agencies and state entities to update their Web sites by January 1, 2020, to make them mobile friendly. Costs will be dependent on how many changes and the complexity of changes that each agency or entity will have to make for the Web site to become mobile friendly and accessible.

SUPPORT: (Verified 8/17/18)

Adobe

Computing Technology Industry Association

League of California Cities

Western Center on Law & Poverty

OPPOSITION: (Verified 8/17/18)

None received

ARGUMENTS IN SUPPORT: The Western Center on Law & Poverty writes in support that, “[m]any low-income Californians do not have personal computers and smart phones are their only means of accessing government websites. This bill simply ensures that those who only have access to smart phones or a tablet are not disadvantaged when trying to use government websites for jobs, services, or basic information. Making sure that state government websites are easily accessible to those who only have access to a smart phone is an important equity issue. As technology evolves, California has a responsibility to make sure the digital divide does not leave the very Californians who need these services and information the most, unable to effectively find these government resources.”

ASSEMBLY FLOOR: 78-0, 5/31/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

8/21/18 19:01:09

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2749 (Bonta) - State agencies: state entities: Internet Web site accessibility: standards

Bill Summary:

AB 2749 would require, by July 1, 2019, the director of each state agency or state entity and each chief information officer to certify that the state agency’s or state entity’s Internet Web site is mobile friendly and accessible by persons with disabilities.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Fiscal Impact:

Unknown, potentially significant costs for state agencies and state entities to update their websites by January 1, 2020, to make them mobile friendly. Costs will be dependent on how many changes and the complexity of changes that each agency or entity will have to make for the website to become mobile friendly and accessible.

Committee Amendments:

Delay implementation to January 1, 2020.

-- END --

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2749 (Bonta) - State agencies: state entities: Internet Web site accessibility: standards

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2749 would require, by July 1, 2019, the director of each state agency or state entity and each chief information officer to certify that the state agency’s or state entity’s Internet Web site is mobile friendly and accessible by persons with disabilities.

Fiscal Impact:

Unknown, potentially significant costs for state agencies and state entities to update their websites by July 1, 2019, to make them mobile friendly. Costs will be dependent on how many changes and the complexity of changes that each agency or entity will have to make for the website to become mobile friendly and accessible.

Background:

According to a 2015 study by the Pew Research Center, nearly two-thirds of Americans own a smartphone, and 19% of Americans rely to some degree on a smartphone for accessing online services and information and for staying connected to the world around them. Further, seven percent of Americans own a smartphone but have neither traditional broadband service at home nor easily available alternatives for going online other than their cell phone.

In 2014, the Bureau of State Audits (BSA) released a report on state government website accessibility (2014-131) wherein BSA found that the state websites they reviewed were “not fully accessible.” Forty-seven percent of Californians report using the Internet to access government services, yet despite the high levels of usage, BSA found violations of applicable accessibility standards on each department’s website.

Proposed Law:

This bill would require that an Internet Web site maintained by a state agency or state entity that is intended for use by the public shall only become operational if it is mobile-friendly and accessible by persons with disabilities.

Related Legislation:

SB 1396 (Galgiani, 2018) would establish the Office of Accessible Technology within CDT to be the central point of responsibility for ensuring state and entity compliance with state and federal electronic and information accessibility technology policy and statutes, as specified. It is pending in the Assembly Appropriations Committee.

AB 434 (Baker, Chapter 780, Statutes of 2017) required the director and chief information officer of each state agency or state entity to post a signed certification on the front page of the state agency’s Internet Web site that it is in compliance with specified accessibility standards.

Staff Comments:

Staff notes that state agencies and entities will only have a six-month time period to ensure that their websites are mobile friendly. This would present a challenge for state agencies and entities with websites that are not already mobile friendly to make the necessary changes in such a short amount of time.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: 2749 Hearing Date: 6/26/2018

SUBJECT: State agencies: state entities: Internet Web site accessibility: standards

DIGEST: This bill requires the director of each state agency or state entity and each chief information officer to certify that the state agency’s or state entity’s Internet Web site is mobile-friendly, among other things.

ANALYSIS:

Existing law:

1. Establishes the California Department of Technology (CDT), within the Government Operations Agency, and generally requires CDT to be responsible for the approval and oversight of information technology (IT) projects by, among other things, consulting with state agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs.
2. Existing law requires the heads of state agencies and entities to appoint chief information officers, requires state agencies and entities to report certain information to CDT, and further requires state agencies to take all necessary steps to achieve the targets set forth by CDT in its IT performance management framework and report their progress to CDT on a quarterly basis.
3. Existing law, before July 1, 2019, and biennially thereafter, requires the director of each state agency or state entity and the chief information officer of that state agency or state entity to post on the homepage of the state agency’s or state entity’s Internet Web site a signed certification that the agency’s or entity’s site is in compliance with specified accessibility standards.
4. Defines “state agency” to mean the Transportation Agency; Department of Corrections and Rehabilitation; Department of Veterans Affairs; Business, Consumer Services, and Housing Agency; Natural Resources Agency; California Health and Human Services Agency; California Environmental Protection Agency; Labor and Workforce Development Agency; and Department of Food and Agriculture.
5. Defines “state entity” to mean any entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency.”

This bill:

1. Requires the director of each state agency or state entity and each chief information officer to certify that the state agency’s or state entity’s Internet Web site is mobile-friendly.
2. Prohibits an Internet Web site that is maintained by a state agency or state entity that is intended for use by the public from becoming operational unless it is mobile-friendly and accessible by persons with disabilities.
3. Defines “mobile-friendly” to mean having substantially similar accessibility and functionality features across devices.

Background

Purpose of the bill. According to the author, “AB 2749 would simply add ‘mobile-friendly’ to Government Code Section 11546.7 and would also include a section that ensures future state government websites will be mobile friendly before they are operational. This is a simple, clarifying addition to the code section to ensure that Californians that only have access to smartphones can still have the same experience and ability to receive government resources and services on their mobile device.”

Smartphone use. According to a 2015 study by the Pew Research Center, nearly two-thirds of Americans own a smartphone, and 19% of Americans rely to some degree on a smartphone for accessing online services and information and for staying connected to the world around them – either because they lack broadband at home, or because they have few options for online access other than their cell phone. Further, seven percent of Americans own a smartphone but have neither traditional broadband service at home, nor easily available alternatives for going online other than their cell phone.

2014 Audit of government website accessibility. In 2014, the Bureau of State Audits (BSA) released a report on state government website accessibility (2014-131) wherein BSA found that the state websites they reviewed were “not fully accessible.” 47% percent of Californians report using the Internet to access government services, yet despite the high levels of usage, BSA found violations of applicable accessibility standards on each department’s website.

The California Department of Technology. CDT is the result of three Governor’s Reorganization Plans (GRPs)—in 2005, 2009, and 2012—and related legislation that ultimately consolidated statewide IT functions into a single entity. The most recent GRP established CDT within the newly created Government Operations Agency with a department-level head, the Chief Information Officer, who reports directly to the Governor on issues relating to IT. CDT has lead responsibility for approval and oversight of state IT projects, providing data center and telecommunications services, managing IT procurement, and establishing and enforcing IT plans and policies.

Prior/Related Legislation

SB 1396 (Galgiani, 2018) establishes the Office of Accessible Technology within CDT to be the central point of responsibility for ensuring state and entity compliance with state and federal electronic and information accessibility technology policy and statutes, as specified. (Pending in the Assembly Appropriations Committee)

AB 434 (Baker, Chapter 780, Statutes of 2017) required the director and chief information officer of each state agency or state entity to post a signed certification on the front page of the state agency’s Internet Web site that it is in compliance with specified accessibility standards.

AB 531 (Irwin, 2017) would have required the Office of Information Services, within CDT, on or before January 1, 2019, to review information security technologies currently in place in state agencies to determine if there are sufficient policies, standards, and procedures in place to protect critical government information and prevent the compromise or unauthorized disclosure of sensitive digital content, as defined, inside or outside the firewall of state agencies. (Vetoed by Governor Brown)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

Adobe

Computing Technology Industry Association (CompTIA)

League of California Cities

Western Center on Law & Poverty

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: The Western Center on Law & Poverty writes in support that, “[m]any low-income Californians do not have personal computers and smart phones are their only means of accessing government websites. This bill simply ensures that those who only have access to smart phones or a tablet are not disadvantaged when trying to use government websites for jobs, services, or basic information. Making sure that state government websites are easily accessible to those who only have access to a smart phone is an important equity issue. As technology evolves, California has a responsibility to make sure the digital divide does not leave the very Californians who need these services and information the most, unable to effectively find these government resources.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 2749

Author:()

As Amended Ver:

Majority vote

SUMMARY: This bill provides that an internet website maintained by a state agency or state entity that is intended for use by the public shall only become operational if it is mobile-friendly and accessible by persons with disabilities and expand existing law accessibility requirements for state internet websites to require that state agencies and entities hereinafter also certify that the agency or entity's website is mobile-friendly, as specified. This bill defines "mobile-friendly" as having substantially similar accessibility and functionality features across devices.

EXISTING LAW:

1. Establishes CDT within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. (Government Code Section (GOV) 11545(a).)
2. Requires the Director to, among other things, advise the Governor on the strategic management and direction of the state's information technology resources and provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives. (GOV 11545(b).)
3. Requires CDT to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. (GOV 11546.1.)
4. Requires the heads of state agencies and entities to appoint chief information officers (CIOs), requires state agencies and entities to report certain information to the department, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis. (GOV 11545.)
5. Requires, before July 1, 2019, and before July 1 biennially thereafter, each state agency, state entity, and CIO, as specified, to post on the home page of the state agency's or state entity's internet website a signed certification that they have determined that the internet website is in compliance with specified accessibility standards. Further requires that the Director of Technology create a standard form that each state agency's or state entity's CIO shall use to determine whether the state agency's or state entity's website is in compliance with the necessary accessibility standards. (GOV 11546.7.)
6. Defines "state entity" for purposes above to mean an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a "state agency." State agency is defined as the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. (GOV 11546.1(e).)

FISCAL EFFECT: According to the Assembly Appropriations Committee, likely minor costs because state websites are already required under current law to be mobile friendly by the same date as required in this bill.

COMMENTS:

1. Purpose of this bill: Consumers, including consumers of government services, rely more and more on their smartphones to access services. This bill seeks to make mobile-friendly government services subject to the AB 434 ((Baker) Chapter 780, Statutes 2017) accessibility standards enacted last year to ensure that these services are fully accessibly for persons with disabilities whether the services are obtained through online websites through computers, or on smartphones. This is an author-sponsored bill.
2. Author's statement: According to the author, "AB 434 (Baker) chaptered in 2017 required that each California government agency or entity website must be compliant with certain accessibility standards, specifically addressing the need for state government websites to be better accessible to people of disabilities. However, there is no specific language that includes or specifies the need to ensure that state government websites are accessible on a mobile device. Mobile devices are a growing form of accessing government websites. Over the last 90 days, there were over 2.84 billion visits to government websites throughout the United States. [As such,] AB 2749 would add 'mobile friendly' to Government Code Section 11546.7 and would also include a section that ensures future state government websites will be mobile friendly before they are operational."

The author also cites a recent Pew Research Center study on U.S. Smartphone Use in 2015, demonstrating that 40% of smartphone owners use a smartphone to look up government services or information. The author also points out that the study also shows:

• 1. 64% of American adults now own a smartphone, up from 35% in 2011
     1. 85% of adults 18-29 own a smartphone

1. 50% of adults making less than $30K per year own a smartphone
   1. 43% use a smartphone to look up information about a job
      1. 69% for 18-29 year olds
   2. Those from households earning less than $30,000 per year are nearly twice as likely to use a smartphone to look for information about a job — and more than four times as likely to use their phone to actually submit a job application.

"With this in mind," the author argues "it is imperative to ensure that state government website are mobile friendly and accessible to all Californians since mobile devices are now a popular way to access state government websites for services, information, and jobs."

1. Recent amendments defined mobile-friendly: This bill was most recently amended in the Assembly Appropriations Committee to provide for a specific definition for the term "mobile-friendly." As amended, the term shall mean "having substantially similar accessibility and functionality features across devices."
2. Prior legislation: AB 434 (Baker) Chapter 780, Statutes 2017 required, before July 1, 2019 and before July 1 biennially thereafter, that the director and CIO of each state agency or entity post on the home page of the agency's or entity's internet website a signed certification that the agency's or entity's website is in compliance with specified accessibility standards. AB 434 further required that the Director of CDT create a standard form that each state agency's or state entity's CIO would be required to use to determine whether the state agency's or state entity's website is in compliance with the specified accessibility standards.

Analysis Prepared by: Ronak Daylami / P. & C.P. / (916) 319-2200 FN: 0003272

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2749

Author:(Bonta) – As Amended Ver:March 23, 2018

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

SUMMARY:

This bill requires, by July 1, 2019, an internet website maintained by a state agency or state entity that is intended for use by the public to be “mobile friendly” in order for the website to be operational.

FISCAL EFFECT:

Unknown, potentially significant costs up to the millions of dollars, for state agencies and state entities to update websites by July 1, 2019. Actual costs will depend on how “mobile friendly” is defined and how many changes to state websites will be required as a result. For example, if mobile friendly is defined to include many new standards costs will be significant, especially in light of the expedited compliance time frame established in this bill. On the other hand, if the definition of mobile friendly is consistent with the existing work state agencies and state entities are doing to meet existing website accessibility requirements then costs will be minor.

COMMENTS:

1. Background. AB 434 (Baker), Chapter 780, Statutes of 2017, requires each California state agency or entity website to be compliant with certain accessibility standards, specifically addressing the need for state government websites to be better accessible to people with disabilities. Under AB 434, websites must be accessible by July 1, 2019.
2. Purpose. This bill seeks to make mobile friendly government services subject to the AB 434 accessibility standards enacted last year to ensure that these services are fully accessibly for persons with disabilities whether the services are obtained through online websites through computers, or on smartphones. According to the author:

Mobile devices are a growing form of accessing government websites. Over the last 90 days, there were over 2.84 billion visits to government websites throughout the United States. As such, AB 2749 would add “mobile friendly” to Government Code Section 11546.7 and would also include a section that ensures future state government websites will be mobile friendly before they are operational.

1. Staff comments. This bill requires all state websites that are intended for public use to be “mobile friendly.” However, this bill does not define mobile friendly. It is therefore unclear what requirements state websites will actually need to meet to be allowed to be operational. The author’s office indicates that they are working on amendments to define mobile friendly.

In addition, this bill allows only six months for state agencies and state entities to ensure their websites are mobile friendly. It seems unlikely that state agencies and entities with websites that are not already mobile friendly will be able to make necessary changes in such a short amount of time. As a result, this bill could require numerous state agencies and state entities to shut down their public websites on July 1, 2019, and remain shut down until their websites can be modified to comply. Shutting down state websites that are necessary for the public to interact with state agencies and entities will have major unintended consequences. Depending on the definition of mobile friendly, the author may wish to amend the bill to allow more time for state agencies and entities to comply.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 2749 (

Author:Bonta) – As Amended Ver:March 23, 2018

SUBJECT: State agencies: state entities: Internet Web site accessibility: standards

SUMMARY: Makes a public website maintained by a state agency or entity operational only if it is mobile friendly and accessible by persons with disabilities and requires the agency or entity to certify that its website is accessible on a mobile device. Specifically, this bill:

EXISTING LAW:

1. Requires the director and chief information officer (CIO) of each state agency or entity to certify that the agency’s or entity’s internet website complies with specified accessibility standards.
2. Requires state agencies when procuring, maintaining, or using electronic technology to provide those with disabilities public access to information that is comparable to access available to others.
3. Prohibits discrimination on the basis of disability and ensures access to the benefits of any program or activity that is operated or administered by the state or any state agency.

FISCAL EFFECT: Unknown

COMMENTS: This bill specifies that a public website maintained by a state agency or entity shall only become operational if it is mobile friendly and accessible by persons with disabilities. It also requires the directors and CIOs of state agencies and entities to certify that their websites are mobile friendly.

According to the author, "it is imperative to ensure that state government websites are mobile friendly and accessible to all Californians since mobile devices are now a popular way to access state government websites for services, information, and jobs."

State government websites are required to comply with a number of accessibility standards pursuant to AB 434 (Baker), Chapter 780, Statutes of 2017. Specifically, the directors and CIOs of each state government agency or entity must certify that the public website meets these standards. This bill requires the certification to also include that the website is mobile friendly. It also clarifies that state government websites would have to be mobile friendly before becoming operational.

DOUBLE REFERRAL: This bill was previously heard in the Assembly Privacy and Consumer Protection Committee on April 17, 2018, with a vote of 10-0.

REGISTERED SUPPORT / OPPOSITION:

Support

Adobe

Western Center on Law and Poverty

Opposition

None on file.

Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600

Date of Hearing: April 17, 2018

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Ed Chau, Chair

ABPCA Bill Id:AB 2749 (

Author:Bonta) – As Amended Ver:March 23, 2018

SUBJECT: State agencies: state entities: Internet Web site accessibility: standards

SUMMARY: This bill would provide that an internet website maintained by a state agency or state entity that is intended for use by the public shall only become operational if it is mobile friendly and accessible by persons with disabilities and expand existing law accessibility requirements for state internet websites to require that state agencies and entities hereinafter also certify that the agency or entity’s website is mobile friendly, as specified.

EXISTING LAW:

1. Establishes CDT within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. (Gov. Code Sec. 11545(a).)
2. Requires the Director to, among other things, advise the Governor on the strategic management and direction of the state’s information technology resources and provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives. (Gov. Code Sec. 11545(b).)
3. Requires CDT to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. (Gov. Code Sec. 11546.1.)
4. Requires the heads of state agencies and entities to appoint chief information officers (CIOs), requires state agencies and entities to report certain information to the department, and further requires state agencies to take all necessary steps to achieve the targets set forth by the department in its information technology performance management framework and report their progress to the department on a quarterly basis. (Gov. Code Sec. 11545.)
5. Requires, before July 1, 2019, and before July 1 biennially thereafter, each state agency, state entity, and CIO, as specified, to post on the home page of the state agency’s or state entity’s internet website a signed certification that they have determined that the internet website is in compliance with specified accessibility standards. Further requires that the Director of Technology create a standard form that each state agency’s or state entity’s CIO shall use to determine whether the state agency’s or state entity’s website is in compliance with the necessary accessibility standards. (Gov. Code Sec. 11546.7.)
6. Defines “state entity” for purposes above to mean an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency.” State agency is defined as the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. (Gov. Code Sec. 11546.1(e).)

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of this bill: Consumers, including consumers of government services, rely more and more on their smartphones to access services. This bill seeks to make mobile friendly government services subject to the AB 434 accessibility standards enacted last year to ensure that these services are fully accessibly for persons with disabilities whether the services are obtained through online websites through computers, or on smartphones. This is an author-sponsored bill.
2. Author’s statement: According to the author, “AB 434 (Baker) chaptered in 2017 required that each California government agency or entity website must be compliant with certain accessibility standards, specifically addressing the need for state government websites to be better accessible to people of disabilities. However, there is no specific language that includes or specifies the need to ensure that state government websites are accessible on a mobile device. Mobile devices are a growing form of accessing government websites. Over the last 90 days, there were over 2.84 billion visits to government websites throughout the United States. [As such,] AB 2749 would add ‘mobile friendly’ to Government Code Section 11546.7 and would also include a section that ensures future state government websites will be mobile friendly before they are operational.”

The author also cites a recent Pew Research Center study on U.S. Smartphone Use in 2015, demonstrating that 40 percent of smartphone owners use a smartphone to look up government services or information. The author also points out that the study also shows:

• 64 percent of American adults now own a smartphone, up from 35 percent in 2011
• 85 percent of adults 18-29 own a smartphone
• 50 percent of adults making less than $30K per year own a smartphone
• 43 percent use a smartphone to look up information about a job
• 69 percent for 18-29 year olds
• Those from households earning less than $30,000 per year are nearly twice as likely to use a smartphone to look for information about a job — and more than four times as likely to use their phone to actually submit a job application.

“With this in mind,” the author argues “it is imperative to ensure that state government website are mobile friendly and accessible to all Californians since mobile devices are now a popular way to access state government websites for services, information, and jobs.”

1. Similar bill last year pertaining to internet websites: Last year, the Legislature passed and the Governor signed AB 434 (Baker, Ch. 780, Stats. 2017) requiring, before July 1, 2019 and before July 1 biennially thereafter, that the director and CIO of each state agency or entity post on the home page of the agency’s or entity’s internet website a signed certification that the agency’s or entity’s website is in compliance with specified accessibility standards. AB 434 further required that the Director of CDT create a standard form that each state agency’s or state entity’s CIO would be required to use to determine whether the state agency’s or state entity’s website is in compliance with the specified accessibility standards.

The bill was enacted following a 2014 Bureau of State Audits (BSA) report on state government website accessibility (2014-131), wherein BSA found that the state websites they reviewed were “not fully accessible.” Forty seven percent of Californians report using the Internet to access government services, yet despite the high levels of usage, BSA found violations of applicable accessibility standards on each department's website.

According to BSA, “[s]ome of the critical accessibility violation […] identified are so severe that, under certain circumstances, they may prevent persons with disabilities from completing the core tasks necessary to access online services. These violations occurred at three departments and would affect users with a variety of disabilities, including motor disabilities and vision loss.”

Furthermore, BSA pointed out that updated standards are available that could help California make its websites more accessible. “In 2008, shortly after California adopted the first version of the WCAG standards, WCAG 1.0, the W3C issued WCAG 2.0. When it did so, the W3C stated that the WCAG 2.0 standards apply more broadly to different types of web technologies and allow for more effective testing of websites’ accessibility. However, California has not adopted these updated standards. In light of these improvements, it is important that the Legislature amend state law to require departments to meet the WCAG 2.0 standards.” Those standards are now reflected in Government Code Section 11546.7, due to AB 434.

This bill now seeks to carry over those same accessibility standards and apply them to mobile applications, recognizing the importance of ensuring that state services available online are mobile friendly and equally accessible to all Californians.

1. Arguments in support: Adobe writes in support that “[m]ore and more Californians are accessing government services through a mobile device. At this point in time, most state government websites are viewable on a mobile device, but key forms cannot be filled or submitted through that device. Many government agencies still require users to print and mail or access forms via a computer. This policy is not sustainable as smartphone use continues to grow. AB 2749 is consistent with the [CDT] Vision 2020 Plan. According to the 2020 Vision Plan, CDT’s goal is to increase customer satisfaction through improved responsiveness, efficiency, and effectiveness of government services. Specifically, CDT is looking at ‘embracing user-centered design concepts and leveraging technology to fundamentally transform government process and operations.’ Enabling website users to fill out forms on a mobile device thus personalizing the process is an example of designing and developing a product to meet user demands and directly supports CDT’s goal.”
2. Prior legislation: AB 434 (Baker, Ch. 780, Stats. 2017) See Comment 3.
3. Double-referral: This bill is double-referred with the Assembly Accountability and Administrative Review Committee, where it will be heard if passed by this Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Adobe

Opposition

None on file

Analysis Prepared by: Ronak Daylami / P. & C.P. / (916) 319-2200