Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S34 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 315 FILED ON: 1/10/2025
3	3	SENATE . . . . . . . . . . . . . . No. 34
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dylan A. Fernandes
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 :Dylan A. FernandesPlymouth and Barnstable 1 of 5
16	16	SENATE DOCKET, NO. 315 FILED ON: 1/10/2025
17	17	SENATE . . . . . . . . . . . . . . No. 34
18	18	By Mr. Fernandes, a petition (accompanied by bill, Senate, No. 34) of Dylan A. Fernandes for
19	19	legislation to establish a Massachusetts Open Data Standard for state and municipal agencies to
20	20	make public data available. Advanced Information Technology, the Internet and Cybersecurity.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 62 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing the Massachusetts open data standard.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 66A the
32	32	2following chapter:-
33	33	3 CHAPTER 66B. MASSACHUSETTS OPEN DATA STANDARD
34	34	4 Section 1. As used in this chapter, the following words shall have the following
35	35	5meanings:
36	36	6 “Municipal agency”, any department or office of a city or town government and any
37	37	7council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof
38	38	8or thereunder. 2 of 5
39	39	9 “Open data”, public data or information made readily available online, utilizing best
40	40	10practice structures and formats when possible.
41	41	11 “Open data portal”, an Internet site established and maintained by or on behalf of the
42	42	12commonwealth.
43	43	13 “Public agency”, any state agency or municipal agency.
44	44	14 “Public data”, all data that is collected by a public agency in pursuit of that agency’s
45	45	15responsibilities that are otherwise subject to disclosure under section 7 of chapter 4 or chapter 66
46	46	16of the General Laws.
47	47	17 “State agency”, an agency of the commonwealth.
48	48	18 “Strategic plan”, a state agency’s evaluation, over a period of up to five years, of its
49	49	19strategy and direction, including, but not limited to, a framework for decision-making with
50	50	20respect to resource allocation to achieve defined goals.
51	51	21 Section 2. (a) The chief data officer of the commonwealth, established pursuant to
52	52	22section 4A of chapter 7D of the General Laws, shall create an inventory of all available public
53	53	23data in the state, held by any state agency or municipal agency, and establish an open data portal
54	54	24to achieve the purposes of this chapter. The chief data officer may appoint at least two
55	55	25individuals with expertise in open data information technology to serve within the Executive
56	56	26Office of Technology Services and Security established pursuant to chapter 64 of the General
57	57	27Laws. 3 of 5
58	58	28 (b) The chief data officer shall adhere to the following principles: (1) adherence to user-
59	59	29centric design; (2) commitment to agile management; (3) support for open data platforms and
60	60	30data standardization; and (4) commitment to the privacy of personal identifying information.
61	61	31 Section 3. (a) The chief data officer shall establish the Massachusetts Open Data Standard
62	62	32for agencies to make public data available on an open data portal and shall consult with subject
63	63	33matter experts from agencies, organizations specializing in technology and innovation, academia,
64	64	34and other pertinent stakeholders according to the chief data officer. The goal of the
65	65	35Massachusetts Open Data Standard is to: (1) increase public agency accountability and
66	66	36responsiveness; (2) improve public knowledge of agencies and their operations; (3) further the
67	67	37mission of agencies; (4) create economic opportunity; (5) respond to an online demand for the
68	68	38public data; and (6) respond to a need or demand identified by public outreach.
69	69	39 (b) The Massachusetts Open Data Standard shall include, but not be limited to, the
70	70	40following: (1) requirements to update public data on an open data portal as often as necessary to
71	71	41preserve the integrity and usefulness of public data to the extent a public agency regularly
72	72	42maintains or updates public data; (2) the ability for members of the public to electronically
73	73	43search public data using external information technology; (3) the availability of public data
74	74	44without registration or license requirements, to the extent possible; (4) a format that permits
75	75	45public notification of update where possible; (5) a format that permits the public to access data
76	76	46through application programming interfaces; and (6) the standardization of public data in a
77	77	47digital format that facilitates data analysis across data sets. 4 of 5
78	78	48 (c) The chief data officer may establish and maintain an online forum located on the open
79	79	49data portal to solicit feedback from the public and to encourage discussion of the Massachusetts
80	80	50Open Data Standard and public data available.
81	81	51 (d) The chief data officer may establish guidelines in order to implement the
82	82	52Massachusetts Open Data Standard.
83	83	53 (e) The chief data officer may work with municipal agencies to assist them to adopt said
84	84	54standard and share relevant public data.
85	85	55 Section 4. (a) The chief data officer shall prepare and publish a technical standards
86	86	56manual for publishing public data through the open data portal by agencies for the purpose of
87	87	57making public data available to the greatest number of users and for the greatest number of
88	88	58applications and shall, whenever practicable, use open standards for open data publishing in a
89	89	59digital format that can be easily analyzed and aggregated. The manual and related policies may
90	90	60be updated as necessary. The chief data officer may utilize a currently existing open data portal.
91	91	61 (b) The chief data officer shall consult with organizations specializing in technology and
92	92	62innovation, the agencies, academic institutions, and other stakeholders in the development of
93	93	63technical and open standards.
94	94	64 (c) The chief data officer shall create standards to ensure data security.
95	95	65 Section 5. (a) A public agency that releases public data shall do so in compliance with
96	96	66this chapter and on the designated open data portal that is maintained by, or on behalf of, the
97	97	67commonwealth for the purposes of this chapter. If a public agency cannot make all public data
98	98	68available on the open data portal, the agency shall report to the chief data officer: (1) the public 5 of 5
99	99	69data it is unable to be made available; (2) the reasons why it is not possible to make said public
100	100	70data available; and (3) the date by which the public agency expects the public data to be made
101	101	71available on the open data portal. This section shall not affect the obligation of a public agency to
102	102	72provide notice or information to the public under chapter 4 section 7 or chapter 66 of the General
103	103	73Laws.
104	104	74 (b) Annually on December 1, each state agency shall submit a strategic plan consistent
105	105	75with this chapter to the chief data officer and shall make the plan available to the public on the
106	106	76designated open data portal. Each state agency shall collaborate with the chief data officer in
107	107	77formulating its plans. The strategic plan shall include, but not be limited to, the following: (1) a
108	108	78description of public data under the control of the state agency; and (2) an explanation of how
109	109	79said state agency’s plans, budgets, capital expenditures, contracts, and other related documents
110	110	80and information, for each information technology and telecommunications project it proposes to
111	111	81undertake, can be utilized to support the Massachusetts Open Data Standard and related savings
112	112	82and efficiencies.
113	113	83 Section 6. Public data available on the open data portal are provided for informational
114	114	84purposes only. The commonwealth does not warrant, nor is the commonwealth liable for, the
115	115	85completeness, accuracy, content, or fitness for any particular purpose or use of any public data
116	116	86made available on the open data portal, nor are any warranties to be implied or inferred with
117	117	87respect to the public data furnished pursuant to this chapter. All public data shall be entirely in
118	118	88the public domain for purposes of applicable copyright laws.
119	119	89 SECTION 2. This act shall take effect on July 1, 2025.