Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S34 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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