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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Irwin</ns0:AuthorText>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Irwin</ns0:Name>
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<ns0:Title> An act to amend Section 12815 of the Government Code, relating to state government, and making an appropriation therefor. </ns0:Title>
<ns0:RelatingClause>state government, and making an appropriation therefor</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Office of Data and Innovation: Engaged California Program.</ns0:Subject>
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<html:p>Existing law establishes the Office of Data and Innovation within the Government Operations Agency with a mission to deliver better government services to the people of California through technology and service innovation, data, and design.</html:p>
<html:p>This bill would establish the Engaged California Program within the office. The bill would require the office to design, establish, and maintain a platform for ongoing dialogue between Californians and state government and to establish best practices for its use. Upon appropriation of sufficient funding, the bill would require the office to select and activate topics for deliberation on the platform and would require state agencies identified by the office to coordinate outreach, among other things. The bill would authorize the office to receive supplemental funding from partner organizations. The bill would
continuously appropriate any funding received for the program to the office for purposes of the program.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 12815 of the
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is amended to read:
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<ns0:Num>12815.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The Office of Data and Innovation is hereby established within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2.
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<html:p>
(b)
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There shall be a Director of the Office of Data and Innovation.
</html:p>
<html:p>The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and
jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 22.</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use.
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<html:p>
(d)
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For the purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Director” means the Director of the Office of Data and Innovation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“CDO”
means Chief Data Officer of the Office of Data and Innovation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Fund” means the Data and Innovation Services Revolving Fund.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Office” means the Office of Data and Innovation.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Open data” means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Service delivery” means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities,
constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“State entity” means 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 agencies.
</html:p>
<html:p>
(e)
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The office’s mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office shall fulfill this mission by:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Collaborating with state entities to transform government services. The office shall focus on measurably improving services using a deliberate, user-focused approach and data-informed practices.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investing in state capabilities to put users first, build iteratively, and let data drive decisions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Rethinking and improving how the state buys digital services and datasets.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Expanding the use of common platforms, services, and tools.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The director shall establish a program to improve the state’s service delivery and
data functions, guided by service delivery and data best practices.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Service delivery design, implementation, maintenance, and operations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Service delivery assessments.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Service delivery improvement and problem mitigation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the
Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
No later than January 31, 2024, and every two years
thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities’ existing or proposed service delivery functions.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
While engaged with a state entity, office staff
shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted
with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five
thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Effective July 1, 2020, the Data and Innovation
Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all moneys properly credited to the office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the
chairperson’s designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A list of past and current engagements organized by state entity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A list of proposed and approved information technology projects that received funding from the fund.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A section that provides information on the Engaged California
Program, which may include, but is not limited to, deliberation topics, participant demographics, recommendations, agency responses, and actions taken under the program.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The fund shall consist of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Moneys appropriated and made available by the Legislature for the purposes of this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Donations, endowments, or grants of funds from private or public sources that commit to the office’s mission of the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any other moneys that may be made
available to the office from any other source, including the return from investments of moneys by the Treasurer.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Effective January 1, 2027, the Engaged California Program is hereby established within the office.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The purposes of the Engaged California Program is to facilitate structured, ongoing dialogue between Californians and state government through deliberation, shared learning, and the development of actionable recommendations that
inform government services and policies.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, “platform” means the technology, platform, data infrastructure, and tools necessary to enable the Engaged California Program.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The office shall have the following responsibilities with respect to the platform:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Design, operate, and maintain the platform.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Establish standards, guidance, and best practices for use of the platform, consistent with state and federal law.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon appropriation of moneys sufficient to fund at least one Engaged California topic either pursuant to paragraph (8) or by an act of the Legislature, the office shall have the following responsibilities with respect to the Engaged California Program:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Select topics for deliberation in compliance with paragraph (6).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Activate the platform for each topic
selected.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For each topic selected, ensure a diverse group of participants who reflect the demographic, geographic, and socioeconomic diversity of California.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For each topic selected, identify state agencies, as that term is defined in Section 11000, with relevant knowledge or expertise.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Pursuant to subparagraph (A) of paragraph (5), topics for deliberation shall be selected in compliance with the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The office shall select topics in consultation with stakeholders, which may include, but are not limited to, the public, the Legislature, the Governor’s Office, and state departments and agencies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A topic for deliberation shall define a clear problem to address and meet all of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The topic is relevant to the lived experiences or interests of Californians.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The topic presents an appropriate level of
complexity that allows for informed discussion and collective learning.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The topic involves differing perspectives that would benefit from structured public deliberation.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The topic is actionable, including that decisions or policy actions may reasonably be taken based on the outcomes of the deliberation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Upon selection of a topic, the communications and external affairs teams of any state agency identified pursuant to subparagraph (D) of paragraph (5) shall do both of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Coordinate with the office to provide outreach, community engagement, and statement communications expertise necessary for the Engaged California Program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Subject to existing law, provide any necessary data and relevant information.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The office may accept supplemental funding to fulfill any responsibility set forth in this subdivision from partner organizations, including other state entities, philanthropic organizations, civil groups, and other similar organizations provided
that acceptance of that supplemental funding is otherwise in accordance with existing law.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Notwithstanding Section 13340, any moneys received for purposes of the Engaged California Program shall be continuously appropriated, without regard to fiscal years, to the office for purposes of the program.
</html:p>
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