Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H62 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2777 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 62
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dylan A. Fernandes and Andres X. Vargas
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the Massachusetts open data standard.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Dylan A. FernandesBarnstable, Dukes and Nantucket1/16/2023Andres X. Vargas3rd Essex1/19/2023Michelle M. DuBois10th Plymouth2/7/2023 1 of 5
16	16	HOUSE DOCKET, NO. 2777 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 62
18	18	By Representatives Fernandes of Falmouth and Vargas of Haverhill, a petition (accompanied by
19	19	bill, House, No. 62) of Dylan A. Fernandes, Andres X. Vargas and Michelle M. DuBois for
20	20	legislation to establish the Massachusetts open data standard. Advanced Information
21	21	Technology, the Internet and Cybersecurity.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act establishing the Massachusetts open data standard.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 66A the
31	31	2following chapter:-
32	32	3 CHAPTER 66B. MASSACHUSETTS OPEN DATA STANDARD
33	33	4 Section 1. As used in this chapter, the following words shall have the following
34	34	5meanings:
35	35	6 “Municipal agency” , any department or office of a city or town government and any
36	36	7council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof
37	37	8or thereunder.
38	38	9 “Open data”, public data or information made readily available online, utilizing best
39	39	10practice structures and formats when possible. 2 of 5
40	40	11 “Open data portal”, an Internet site established and maintained by or on behalf of the
41	41	12commonwealth.
42	42	13 “Public data”, all data that is collected by a state agency in pursuit of that state agency’s
43	43	14responsibilities that are otherwise subject to disclosure under section 7 of chapter 4 or chapter 66
44	44	15of the General Laws.
45	45	16 “State agency”, an agency of the commonwealth.
46	46	17 “Strategic plan”, a state agency’s evaluation, over a period of up to five years, of its
47	47	18strategy and direction, including, but not limited to, a framework for decision-making with
48	48	19respect to resource allocation to achieve defined goals.
49	49	20 Section 2. (a) The chief data officer of the commonwealth, established pursuant to
50	50	21section 4A of chapter 7D of the general laws, shall create an inventory of all available public
51	51	22data in the state and establish an open data portal to achieve the purposes of this chapter. The
52	52	23chief data officer may appoint at least two individuals with expertise in open data information
53	53	24technology to serve within the Executive Office of Technology Services and Security established
54	54	25pursuant to chapter 64 of the general laws.
55	55	26 (b) The chief data officer shall adhere to the following principles: (1) adherence to user-
56	56	27centric design; (2) commitment to agile management; (3) support for open data platforms and
57	57	28data standardization; and (4) commitment to the privacy of personal identifying information.
58	58	29 Section 3. (a) The chief data officer shall establish the Massachusetts Open Data Standard
59	59	30for state and municipal agencies to make public data available on an open data portal and shall
60	60	31consult with subject matter experts from state agencies, organizations specializing in technology 3 of 5
61	61	32and innovation, academia, and other pertinent stakeholders according to the chief data officer.
62	62	33The goal of the Massachusetts Open Data Standard is to: (1) increase agency accountability and
63	63	34responsiveness of state agencies; (2) improve public knowledge of state and municipal agencies
64	64	35and their operations; (3) further the mission of state and municipal agencies; (4) create economic
65	65	36opportunity; (5) respond to an online demand for the public data; and (6) respond to a need or
66	66	37demand identified by public outreach.
67	67	38 (b) The Massachusetts Open Data Standard shall include, but not be limited to, the
68	68	39following: (1) requirements to update public data on an open data portal as often as necessary to
69	69	40preserve the integrity and usefulness of public data to the extent a state or municipal agency
70	70	41regularly maintains or updates public data; (2) the ability for members of the public to
71	71	42electronically search public data using external information technology; (3) the availability of
72	72	43public data without registration or license requirements, to the extent possible; (4) a format that
73	73	44permits public notification of update where possible; (5) a format that permits the public to
74	74	45access data through application programming interfaces; and (6) the standardization of public
75	75	46data in a digital format that facilitates data analysis across data sets.
76	76	47 (c) The chief data officer may establish and maintain an online forum located on the open
77	77	48data portal to solicit feedback from the public and to encourage discussion on the Massachusetts
78	78	49Open Data Standard and public data available.
79	79	50 (d) The chief data officer may establish guidelines in order to implement the
80	80	51Massachusetts Open Data Standard.
81	81	52 (e) The chief data officer may work with municipal agencies in order for them to adopt
82	82	53said standard and in order to share relevant public data. 4 of 5
83	83	54 Section 4. (a) The chief data officer shall prepare and publish a technical standards
84	84	55manual for publishing public data through the open data portal by state and municipal agencies
85	85	56for the purpose of making public data available to the greatest number of users and for the
86	86	57greatest number of applications and shall, whenever practicable, use open standards for open
87	87	58data publishing in a digital format that can be easily analyzed and aggregated.. The manual and
88	88	59related policies may be updated as necessary. The chief data officer may utilize a currently
89	89	60existing open data portal.
90	90	61 (b) The chief data officer shall consult with organizations specializing in technology and
91	91	62innovation, the state agencies and municipal agencies, academic institutions, and other
92	92	63stakeholders in the development of technical and open standards.
93	93	64 (c) The chief data officer shall create standards to ensure data security.
94	94	65 Section 5. (a) A state agency that releases public data shall do so in compliance with this
95	95	66chapter and on the designated open data portal that is maintained by, or on behalf of, the state for
96	96	67the purposes of this chapter. If a state agency cannot make all public data available on the open
97	97	68data portal, the state agency shall report to the chief data officer: (1) the public data it is unable to
98	98	69be made available, (2) the reasons why it is no possible to make said public data available, and
99	99	70(3) the date by which the state agency expects the public data to be made available on the open
100	100	71data portal. This section shall not affect the obligation of an agency to provide notice or
101	101	72information to the public under chapter 4 section 7 or chapter 66 of the General Laws.
102	102	73 (b) Annually on December 1, each state agency shall submit a strategic plan consistent
103	103	74with this chapter to the chief data officer and shall make the plan available to the public on the
104	104	75designated open data portal. Each state agency shall collaborate with the chief data officer in 5 of 5
105	105	76formulating its plans. The strategic plan shall include, but not be limited to, the following: (1) a
106	106	77description of public data under the control of the state agency; and (2) an explanation of how
107	107	78said state agency’s plans, budgets, capital expenditures, contracts, and other related documents
108	108	79and information for each information technology and telecommunications project it proposes to
109	109	80undertake can be utilized to support the Massachusetts Open Data Standard and related savings
110	110	81and efficiencies.
111	111	82 Section 6. Public data available on the open data portal are provided for informational
112	112	83purposes only. The commonwealth does not warrant, nor is the commonwealth liable for, the
113	113	84completeness, accuracy, content, or fitness for any particular purpose or use of any public data
114	114	85made available on the open data portal, nor are any warranties to be implied or inferred with
115	115	86respect to the public data furnished pursuant to this chapter. All public data shall be entirely in
116	116	87the public domain for purposes of applicable copyright laws.
117	117	88 SECTION 2. This act shall take effect on July 1, 2023.