S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3401
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. ENGLEBRIGHT, HEVESI, KAVANAGH -- read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend the public officers law and the state technology law, in
   relation to establishing the open data law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The public officers law is amended by adding a new article
 6-B to read as follows:
                                ARTICLE 6-B
                               OPEN DATA LAW
 SECTION 99-A. SHORT TITLE.
         99-B. DEFINITIONS.
         99-C. OPEN DATA WEBSITE.
         99-D. DATA WORKING GROUP.
         99-E. PUBLICATION OF DATA.
         99-F. PARTICIPATION BY OTHER STATE ENTITIES AND POLITICAL SUBDI-
                 VISIONS.
         99-G. GUIDELINES.
         99-H. REPORTING REQUIREMENTS.
         99-I. SEVERABILITY.
   § 99-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
 THE "OPEN DATA LAW".
   §  99-B.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COVERED STATE ENTITY" SHALL  MEAN  ANY  STATE  DEPARTMENT,  BOARD,
 BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
 RATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE EXCEPT THE  JUDICIARY
 OR THE STATE LEGISLATURE.
   2. "DATA" SHALL MEAN FINAL VERSIONS OF STATISTICAL OR FACTUAL INFORMA-
 TION THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03903-02-7

 A. 3401                             2
 
   (A)  ARE IN ALPHANUMERIC FORM REFLECTED IN A LIST, TABLE, GRAPH, CHART
 OR OTHER NON-NARRATIVE FORM, THAT CAN BE DIGITALLY TRANSMITTED OR  PROC-
 ESSED;
   (B)  ARE  REGULARLY CREATED OR MAINTAINED BY OR ON BEHALF OF A COVERED
 STATE ENTITY AND ARE CONTROLLED BY SUCH ENTITY; AND
   (C) RECORD A MEASUREMENT, TRANSACTION OR DETERMINATION RELATED TO  THE
 MISSION OF THE COVERED STATE ENTITY.
   THE  TERM "DATA" SHALL NOT INCLUDE IMAGE FILES, SUCH AS DESIGNS, DRAW-
 INGS, AND PHOTOS OR SCANNED  COPIES  OF  ORIGINAL  DOCUMENTS;  PROVIDED,
 HOWEVER,  THAT  THE  TERM  "DATA"  SHALL  INCLUDE STATISTICAL OR FACTUAL
 INFORMATION ABOUT IMAGE FILES AND GEOGRAPHIC INFORMATION SYSTEM DATA.
   3. "DATA SET" SHALL MEAN A NAMED COLLECTION OF RELATED  RECORDS  MAIN-
 TAINED  ON  A STORAGE DEVICE, WITH THE COLLECTION CONTAINING DATA ORGAN-
 IZED OR FORMATTED IN A SPECIFIC OR  PRESCRIBED  WAY,  OFTEN  IN  TABULAR
 FORM.
   4.  "PUBLISHABLE  STATE DATA" SHALL MEAN A COMPREHENSIVE COLLECTION OF
 INTERRELATED DATA THAT IS AVAILABLE FOR  INSPECTION  BY  THE  PUBLIC  IN
 ACCORDANCE  WITH  ANY  PROVISION  OF LAW AND IS MAINTAINED ON A COMPUTER
 SYSTEM BY, OR ON BEHALF OF, A COVERED STATE ENTITY. SUCH TERM SHALL  NOT
 BE PUBLISHABLE STATE DATA IF MAKING SUCH DATA AVAILABLE ON THE OPEN DATA
 WEBSITE WOULD VIOLATE STATUTE OR REGULATION, ENDANGER THE PUBLIC HEALTH,
 SAFETY  OR  WELFARE, INTERFERE WITH A CRIMINAL OR CIVIL INVESTIGATION OR
 IMPOSE AN UNDUE FINANCIAL, OPERATIONAL, OR ADMINISTRATIVE  BURDEN  ON  A
 COVERED STATE ENTITY OR THE STATE. SUCH TERM SHALL ALSO NOT INCLUDE:
   (A)  ANY  PORTION  OF  DATA  TO  WHICH A COVERED STATE ENTITY MAY DENY
 ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF THIS  CHAPTER  OR  ANY  OTHER
 FEDERAL OR STATE LAW, RULE OR REGULATION;
   (B) ANY DATA SET THAT CONTAINS A SIGNIFICANT AMOUNT OF DATA TO WHICH A
 COVERED STATE ENTITY MAY DENY ACCESS PURSUANT TO ARTICLE SIX OR SIX-A OF
 THIS CHAPTER OR ANY OTHER PROVISION OF A FEDERAL OR STATE LAW, AND WHERE
 REMOVING  SUCH  DATA  WOULD  IMPOSE  UNDUE  FINANCIAL  OR ADMINISTRATIVE
 BURDEN;
   (C) DATA THAT REFLECTS THE INTERNAL DELIBERATIVE PROCESS OF A  COVERED
 STATE  ENTITY INCLUDING BUT NOT LIMITED TO NEGOTIATING POSITIONS, FUTURE
 PROCUREMENTS, OR PENDING OR REASONABLY ANTICIPATED LEGAL OR  ADMINISTRA-
 TIVE PROCEEDINGS;
   (D)  DATA  STORED  ON  A COVERED STATE ENTITY-OWNED PERSONAL COMPUTING
 DEVICE, OR DATA STORED ON A PORTION OF A NETWORK THAT  HAS  BEEN  EXCLU-
 SIVELY  ASSIGNED  TO  A SINGLE COVERED STATE ENTITY EMPLOYEE OR A SINGLE
 COVERED STATE ENTITY OWNED OR CONTROLLED COMPUTING DEVICE;
   (E) MATERIALS THAT HAVE BEEN SUBJECT TO COPYRIGHT, PATENT,  TRADEMARK,
 CONFIDENTIALITY AGREEMENTS OR TRADE SECRET PROTECTION;
   (F)  PROPRIETARY  APPLICATIONS,  COMPUTER  CODE,  SOFTWARE,  OPERATING
 SYSTEMS OR SIMILAR MATERIALS; OR
   (G)  EMPLOYMENT  RECORDS,  INTERNAL  EMPLOYEE-RELATED  DIRECTORIES  OR
 LISTS,  AND  FACILITIES  DATA, INFORMATION TECHNOLOGY, INTERNAL SERVICE-
 DESK AND OTHER DATA RELATED TO INTERNAL COVERED  STATE  ENTITY  ADMINIS-
 TRATION.
   5. "TECHNICAL STANDARD" SHALL MEAN:
   (A)  THE  COMMON  AND REPEATED USE OF RULES, CONDITIONS, GUIDELINES OR
 CHARACTERISTICS FOR PRODUCTS OR RELATED PROCESSES AND  PRODUCTION  METH-
 ODS, AND RELATED MANAGEMENT SYSTEMS PRACTICES; AND
   (B)  (I)  THE  DEFINITION OF TERMS; (II) CLASSIFICATION OF COMPONENTS;
 (III) DELINEATION OF  PROCEDURES;  (IV)  SPECIFICATIONS  OF  DIMENSIONS,
 MATERIALS, PERFORMANCE, DESIGNS OR OPERATIONS; (V) MEASUREMENT OF QUALI-
 TY  AND  QUANTITY IN DESCRIBING MATERIALS, PROCESSES, PRODUCTS, SYSTEMS,

 A. 3401                             3
 
 SERVICES OR PRACTICES; (VI) TEST METHODS  AND  SAMPLING  PROCEDURES;  OR
 (VII) DESCRIPTIONS OF FIT AND MEASUREMENTS OF SIZE OR STRENGTH.
   §  99-C.  OPEN  DATA  WEBSITE.  1. AN ONLINE OPEN DATA WEBSITE FOR THE
 COLLECTION AND PUBLIC DISSEMINATION OF PUBLISHABLE STATE DATA IS  HEREBY
 ESTABLISHED  IN  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN
 DATA WEBSITE SHALL BE MAINTAINED AT DATA.NY.GOV OR SUCH OTHER  SUCCESSOR
 WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE
 BY  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE OPEN DATA WEBSITE
 WILL PROVIDE ACCESS TO PUBLISHABLE STATE DATA THAT IS OWNED, CONTROLLED,
 COLLECTED OR OTHERWISE MAINTAINED BY COVERED STATE ENTITIES.
   2. (A) THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN  COORDINATION
 WITH THE COMMITTEE FOR OPEN GOVERNMENT, AND THE DATA WORKING GROUP SHALL
 COORDINATE  IMPLEMENTATION  AND  EXPANSION  OF  THE OPEN DATA WEBSITE TO
 FACILITATE THE SHARING OF INFORMATION.
   (B) WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,  EACH
 COVERED  STATE ENTITY SHALL DESIGNATE A DATA COORDINATOR, WHO SHALL HAVE
 AUTHORITY TO MAKE DECISIONS OR OTHERWISE BIND A  COVERED  STATE  ENTITY,
 HAVE  KNOWLEDGE OF DATA AND RESOURCES IN USE BY THE ENTITY, AND SHALL BE
 RESPONSIBLE FOR THAT COVERED STATE ENTITY'S COMPLIANCE WITH  THIS  ARTI-
 CLE.
   § 99-D. DATA WORKING GROUP. WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  ARTICLE,  THE  OFFICE OF INFORMATION TECHNOLOGY SERVICES
 SHALL ESTABLISH A DATA WORKING GROUP MADE UP OF REPRESENTATIVES FROM THE
 OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE  INFORMATION  SECURITY
 DIVISION OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE OFFICE OF
 GENERAL  SERVICES, THE DIVISION OF BUDGET, THE COMMITTEE ON OPEN GOVERN-
 MENT, A REPRESENTATIVE FROM THE DEPARTMENT OF STATE  WITH  EXPERTISE  IN
 LOCAL  GOVERNMENTS AND AT LEAST EIGHT BUT NO MORE THAN TWELVE DATA COOR-
 DINATORS WHO SHALL REPRESENT AN  APPROPRIATE  CROSS-SECTION  OF  COVERED
 STATE  ENTITIES. SUCH DATA COORDINATORS SHALL BE CHOSEN BY THE REPRESEN-
 TATIVE OF THE OFFICE OF INFORMATION TECHNOLOGY SERVICES. THE DATA  WORK-
 ING  GROUP SHALL ASSIST THE OFFICE OF INFORMATION TECHNOLOGY SERVICES IN
 CARRYING OUT ITS DUTIES UNDER THIS ARTICLE.
   § 99-E. PUBLICATION OF DATA. 1. ALL COVERED STATE ENTITIES SHALL  MAKE
 THEIR  PUBLISHABLE  STATE  DATA  AVAILABLE  ON  THE OPEN DATA WEBSITE AS
 FOLLOWS:
   (A) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE  AND  THERE-
 AFTER,  ALL  PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE ON THE OPEN DATA
 WEBSITE. IF A COVERED STATE ENTITY  CANNOT  MAKE  ALL  SUCH  PUBLISHABLE
 STATE  DATA AVAILABLE ON THE OPEN DATA WEBSITE PURSUANT TO THIS ARTICLE,
 THE COVERED STATE ENTITY SHALL REPORT TO THE OFFICE OF INFORMATION TECH-
 NOLOGY SERVICES WHICH PUBLISHABLE STATE DATA THAT IT IS UNABLE  TO  MAKE
 AVAILABLE,  THE  REASONS  WHY  IT CANNOT DO SO AND THE DATE BY WHICH THE
 COVERED STATE ENTITY EXPECTS THAT SUCH PUBLISHABLE STATE  DATA  WILL  BE
 AVAILABLE ON THE OPEN DATA WEBSITE.
   (B)  SUCH  PUBLISHABLE  STATE DATA SHALL BE MADE AVAILABLE PURSUANT TO
 THIS ARTICLE AND SHALL BE IN A FORMAT THAT PERMITS AUTOMATED  PROCESSING
 AND SHALL MAKE USE OF APPROPRIATE TECHNOLOGY TO NOTIFY THE PUBLIC OF ALL
 UPDATES.
   (C) SUCH PUBLISHABLE STATE DATA SHALL BE UPDATED AS OFTEN AS IS NECES-
 SARY  TO  PRESERVE  THE INTEGRITY AND USEFULNESS OF THE DATA SETS TO THE
 EXTENT THAT THE COVERED STATE ENTITY REGULARLY MAINTAINS OR UPDATES  THE
 PUBLISHABLE STATE DATA AND THE PUBLIC SHALL BE NOTIFIED OF SUCH UPDATES.
   (D)  SUCH  PUBLISHABLE  STATE DATA SHALL BE MADE AVAILABLE WITHOUT ANY
 REGISTRATION REQUIREMENT, LICENSE REQUIREMENT OR RESTRICTIONS  ON  THEIR
 USE  PROVIDED THAT THE DEPARTMENT MAY REQUIRE A THIRD PARTY PROVIDING TO

 A. 3401                             4
 
 THE PUBLIC ANY PUBLISHABLE STATE DATA,  OR  APPLICATION  UTILIZING  SUCH
 PUBLISHABLE STATE DATA, TO EXPLICITLY IDENTIFY THE SOURCE AND VERSION OF
 THE  PUBLISHABLE STATE DATA, AND A DESCRIPTION OF ANY MODIFICATIONS MADE
 TO  SUCH  PUBLISHABLE  STATE  DATA.  REGISTRATION  REQUIREMENTS, LICENSE
 REQUIREMENTS OR RESTRICTIONS AS USED IN THIS SECTION SHALL  NOT  INCLUDE
 MEASURES REQUIRED TO ENSURE ACCESS TO PUBLISHABLE STATE DATA, TO PROTECT
 THE OPEN DATA WEBSITE HOUSING PUBLISHABLE STATE DATA FROM UNLAWFUL ABUSE
 OR  ATTEMPTS  TO  DAMAGE OR IMPAIR USE OF THE WEBSITE, OR TO ANALYZE THE
 TYPES OF DATA BEING USED TO IMPROVE SERVICE DELIVERY.
   (E) SUCH PUBLISHABLE STATE DATA SHALL BE ACCESSIBLE TO EXTERNAL SEARCH
 CAPABILITIES.
   2. (A) PUBLISHABLE STATE DATA MADE AVAILABLE PURSUANT TO THIS  ARTICLE
 IS  PROVIDED FOR INFORMATIONAL PURPOSES. THE STATE DOES NOT WARRANTY THE
 COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
 USE OF ANY PUBLISHABLE STATE  DATA  MADE  AVAILABLE  ON  THE  OPEN  DATA
 WEBSITE,  NOR  ARE  ANY  SUCH  WARRANTIES TO BE IMPLIED OR INFERRED WITH
 RESPECT TO THE PUBLISHABLE STATE DATA FURNISHED THEREIN.
   (B) THE STATE  SHALL  NOT  BE  LIABLE  FOR  ANY  DEFICIENCIES  IN  THE
 COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR
 USE  OF  ANY PUBLISHABLE STATE DATA, OR APPLICATION UTILIZING SUCH PUBL-
 ISHABLE STATE DATA, PROVIDED BY ANY THIRD PARTY.
   (C) THIS ARTICLE SHALL NOT BE CONSTRUED TO CREATE A PRIVATE  RIGHT  OF
 ACTION  TO  ENFORCE  ITS PROVISIONS. FAILURE TO COMPLY WITH THIS ARTICLE
 SHALL NOT RESULT IN LIABILITY TO A COVERED STATE ENTITY.
   § 99-F. PARTICIPATION BY OTHER STATE ENTITIES AND  POLITICAL  SUBDIVI-
 SIONS.  STATE AGENCIES AND AUTHORITIES AND POLITICAL SUBDIVISIONS OF THE
 STATE OTHER THAN COVERED STATE ENTITIES MAY SUBMIT DATA TO THE OPEN DATA
 WEBSITE FOR PUBLICATION IN ACCORDANCE WITH THIS ARTICLE. THE  OFFICE  OF
 INFORMATION  TECHNOLOGY SERVICES SHALL ASSIST SUCH AGENCIES AND AUTHORI-
 TIES AND SUCH POLITICAL SUBDIVISIONS TO USE THE OPEN DATA WEBSITE.  SUCH
 ASSISTANCE  SHALL  INCLUDE, BUT NOT BE LIMITED TO, TECHNICAL ASSISTANCE,
 AND ACCOMMODATIONS SHALL BE MADE FOR VARIATIONS AMONG SUCH AGENCIES  AND
 AUTHORITIES  AND  SUCH  POLITICAL  SUBDIVISIONS' CAPACITY AND EQUIPMENT.
 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO COMPEL SUCH  AGENCIES  AND
 AUTHORITIES  AND  SUCH POLITICAL SUBDIVISIONS TO SUBMIT DATA TO THE OPEN
 DATA WEBSITE.
   § 99-G. GUIDELINES. WITHIN ONE HUNDRED EIGHTY DAYS  OF  THE  EFFECTIVE
 DATE  OF THIS ARTICLE, THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, IN
 CONSULTATION WITH THE DATA WORKING GROUP,  AND  THE  COMMITTEE  ON  OPEN
 GOVERNMENT,  SHALL  PREPARE AND PUBLISH GUIDELINES FOR THE PUBLISHING OF
 PUBLISHABLE STATE DATA IN RAW OR UNPROCESSED FORM THROUGH AN  OPEN  DATA
 WEBSITE  BY COVERED STATE ENTITIES FOR THE PURPOSE OF MAKING PUBLIC DATA
 AVAILABLE TO THE GREATEST NUMBER OF USERS AND FOR THE GREATEST NUMBER OF
 APPLICATIONS AND SHALL, WHENEVER PRACTICABLE, USE OPEN STANDARDS FOR WEB
 PUBLISHING. SUCH GUIDELINES SHALL IDENTIFY THE REASONS WHY EACH  TECHNI-
 CAL  STANDARD  WAS SELECTED AND FOR WHICH TYPES OF DATA IT IS APPLICABLE
 AND MAY RECOMMEND OR REQUIRE THAT DATA BE PUBLISHED  IN  MORE  THAN  ONE
 TECHNICAL  STANDARD.  THE  GUIDELINES  SHALL  INCLUDE A PLAN TO ADOPT OR
 UTILIZE A WEB APPLICATION PROGRAMMING INTERFACE THAT PERMITS APPLICATION
 PROGRAMS TO REQUEST AND RECEIVE PUBLISHABLE STATE DATA DIRECTLY FROM THE
 WEB PORTAL. SUCH GUIDELINES SHALL BE UPDATED AS NECESSARY.  SUCH  GUIDE-
 LINES SHALL ALSO:
   (A)  PROVIDE  MODELS AND GUIDANCE FOR COVERED STATE ENTITIES TO FOLLOW
 WHEN CREATING THEIR DATA SETS;

 A. 3401                             5
 
   (B) PROVIDE GUIDANCE TO COVERED STATE ENTITIES ON SETTING  A  SCHEDULE
 FOR  INITIAL  AND  ONGOING  PUBLICATION OF DATA ON THE OPEN DATA WEBSITE
 INCLUDING BUT NOT LIMITED TO REQUIRING:
   (I)  CONSULTATION  WITH  THE  DIRECTORS AND STAFF OF THE COVERED STATE
 ENTITY'S PUBLIC AFFAIRS OR PUBLIC  INFORMATION,  LEGAL  AND  FREEDOM  OF
 INFORMATION LAW OFFICES;
   (II)  PRIORITIZATION  OF  PUBLICATION  OF  DATA BASED ON THE EXTENT TO
 WHICH THE DATA CAN BE  USED  TO  INCREASE  THE  COVERED  STATE  ENTITY'S
 ACCOUNTABILITY AND RESPONSIVENESS, IMPROVE PUBLIC KNOWLEDGE OF THE ENTI-
 TY AND ITS OPERATIONS, FURTHER THE MISSION OF THE ENTITY, CREATE ECONOM-
 IC  OPPORTUNITY,  OR RESPOND TO A NEED OR DEMAND IDENTIFIED AFTER PUBLIC
 CONSULTATION;
   (C) PROVIDE GUIDELINES FOR IDENTIFYING AND REVIEWING PUBLISHABLE STATE
 DATA BY COVERED STATE ENTITIES BEFORE PUBLICATION;
   (D) PROVIDE UNIFORM STANDARDS FOR THE FORMAT  OF  DATA  SUBMITTED  FOR
 PUBLICATION ON THE OPEN DATA WEBSITE;
   (E) SET FORTH THE OPEN DATA WEBSITE TERMS OF USE;
   (F)  PROVIDE  GUIDELINES  ON PARTICIPATION BY AGENCIES AND AUTHORITIES
 OTHER THAN COVERED STATE ENTITIES AND PARTICIPATION BY POLITICAL  SUBDI-
 VISIONS;
   (G)  PROVIDE  GUIDANCE  ON  THE PUBLICATION OF NARRATIVE DATA, SUCH AS
 REPORTS; AND
   (H) ANY OTHER GUIDELINES NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS
 ARTICLE.
   §  99-H.  REPORTING  REQUIREMENTS.  1.  WITHIN  EIGHTEEN MONTHS OF THE
 EFFECTIVE DATE OF THIS ARTICLE, THE  OFFICE  OF  INFORMATION  TECHNOLOGY
 SERVICES  SHALL  SUBMIT A COMPLIANCE PLAN TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AND  SHALL  MAKE
 SUCH  PLAN  AVAILABLE  TO  THE  PUBLIC  ON THE OPEN DATA WEBSITE.   EACH
 COVERED STATE ENTITY SHALL COOPERATE  WITH  THE  OFFICE  OF  INFORMATION
 TECHNOLOGY  SERVICES  IN  ITS  PREPARATION  OF SUCH PLAN. THE PLAN SHALL
 INCLUDE A SUMMARY  DESCRIPTION  OF  PUBLISHABLE  STATE  DATA  UNDER  THE
 CONTROL  OF  EACH COVERED STATE ENTITY ON OR AFTER THE EFFECTIVE DATE OF
 THIS ARTICLE, AND SHALL  PRIORITIZE  SUCH  PUBLISHABLE  STATE  DATA  FOR
 INCLUSION  ON THE OPEN DATA WEBSITE. IF PUBLISHABLE STATE DATA CANNOT BE
 MADE AVAILABLE ON THE OPEN DATA WEBSITE ON OR  BEFORE  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY, THE PLAN SHALL STATE THE REASONS WHY SUCH
 SET OR SETS OF DATA CANNOT BE MADE AVAILABLE, AND, TO THE EXTENT PRACTI-
 CABLE, THE DATE BY WHICH THE COVERED STATE ENTITY  THAT  OWNS  THE  DATA
 BELIEVES THAT IT WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
   (2)  FOR  PURPOSES  OF  PRIORITIZING  PUBLISHABLE STATE DATA, AGENCIES
 SHALL CONSIDER WHETHER INFORMATION EMBODIED  IN  THE  PUBLISHABLE  STATE
 DATA: (A) CAN BE USED TO INCREASE COVERED STATE ENTITIES' ACCOUNTABILITY
 AND  RESPONSIVENESS;  (B) IMPROVES PUBLIC KNOWLEDGE OF THE COVERED STATE
 ENTITY AND ITS OPERATIONS; (C) FURTHERS THE MISSION OF THE COVERED STATE
 ENTITY; (D) CREATES ECONOMIC OPPORTUNITY; OR (E) RESPONDS TO A  NEED  OR
 DEMAND IDENTIFIED BY PUBLIC CONSULTATION.
   (3)  NO  LATER THAN JULY FIFTEENTH, TWO THOUSAND TWENTY AND EVERY JULY
 FIFTEENTH THEREAFTER, THE  OFFICE  OF  INFORMATION  TECHNOLOGY  SERVICES
 SHALL SUBMIT AND POST ON THE WEB PORTAL AN UPDATE OF THE COMPLIANCE PLAN
 TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY UNTIL ALL PUBLISHABLE STATE DATA HAS BEEN MADE AVAILABLE
 THROUGH AN OPEN DATA WEBSITE  IN  COMPLIANCE  WITH  THIS  ARTICLE.  SUCH
 UPDATE  SHALL INCLUDE THE SPECIFIC MEASURES UNDERTAKEN TO MAKE PUBLISHA-
 BLE STATE DATA AVAILABLE ON THE OPEN DATA WEBSITE SINCE THE  IMMEDIATELY
 PRECEDING UPDATE, SPECIFIC MEASURES THAT WILL BE UNDERTAKEN PRIOR TO THE

 A. 3401                             6
 
 NEXT  UPDATE,  AN  UPDATE  TO THE LIST OF PUBLISHABLE STATE DATA AND, IF
 NECESSARY, ANY CHANGES TO THE PRIORITIZATION OF PUBLISHABLE STATE  DATA.
 IF  PUBLISHABLE  STATE  DATA  CANNOT  BE MADE AVAILABLE ON THE OPEN DATA
 WEBSITE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE
 UPDATE  SHALL STATE THE REASONS WHY IT CANNOT AND, TO THE EXTENT PRACTI-
 CABLE, THE DATE BY WHICH THE COVERED STATE  ENTITY  BELIEVES  THAT  SUCH
 PUBLISHABLE STATE DATA WILL BE AVAILABLE ON THE OPEN DATA WEBSITE.
   § 99-I. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
 TION  THEREOF  TO  ANY  PERSON OR CIRCUMSTANCES IS ADJUDGED INVALID BY A
 COURT OF COMPETENT JURISDICTION,  SUCH  JUDGMENT  SHALL  NOT  AFFECT  OR
 IMPAIR THE VALIDITY OF THE OTHER PROVISIONS OF THE ARTICLE OR THE APPLI-
 CATION THEREOF TO OTHER PERSONS AND CIRCUMSTANCES.
   §  2.  Section  103 of the state technology law is amended by adding a
 new subdivision 22 to read as follows:
   22. TO CREATE AND MAINTAIN THE OPEN DATA WEBSITE  AND  CARRY  OUT  THE
 DUTIES PURSUANT TO ARTICLE SIX-B OF THE PUBLIC OFFICERS LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.