1 of 1 SENATE DOCKET, NO. 315 FILED ON: 1/10/2025 SENATE . . . . . . . . . . . . . . No. 34 The Commonwealth of Massachusetts _________________ PRESENTED BY: Dylan A. Fernandes _________________ 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. _______________ 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 _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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.