Bill Text: CA AB2103 | 2025-2026 | Regular Session | Amended
Bill Title: Office of Data and Innovation: Engaged California Program.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2026-06-16 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 15). Re-referred to Com. on APPR. [AB2103 Detail]
Download: California-2025-AB2103-Amended.html
|
Amended
IN
Assembly
April 27, 2026 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 2103
| Introduced by Assembly Member Irwin |
February 18, 2026 |
An act to amend Section 12815 of the Government Code, relating to state government, and making an appropriation therefor. government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2103, as amended, Irwin.
Office of Data and Innovation: Engaged California Program.
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. Existing law establishes the Data and Innovation Services Revolving Fund consisting of certain sources of moneys including donations, endowments, or grants of funds from private or public sources that commit to the office’s mission of ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. Exiting law makes moneys in the fund available upon appropriation of the Legislature, as specified.
This bill would establish the Engaged California Program within the
office. The bill would require the office to to, among other things, 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,
by the Legislature, the bill would require the office to select and activate topics to be selected for deliberation on the platform and in accordance with specified procedure and would require state agencies identified by the office to coordinate outreach, among other things. The bill would authorize the office to receive require the Data and Innovation Services Revolving Fund to consist of supplemental
funding for the Engaged California Program from partner organizations. The bill would continuously appropriate any funding received for the program to the office for purposes of the program.
prohibit organizations that provide that funding from participating in the selection of a topic for deliberation and from participating in the deliberation. The bill would also make any unspent funds appropriated for the Engaged California Program during the 2026–27 fiscal year available for use by that program during the 2027–28 fiscal year.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12815 of the Government Code is amended to read:12815.
(a) 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.(b) There shall be a Director of the Office of Data and Innovation.
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.
(c) 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.
(d) For the purposes of this section:
(1) “Director” means the Director of the Office of Data and Innovation.
(2) “CDO” means Chief Data Officer of the Office of Data and Innovation.
(3) “Fund” means the Data and Innovation Services Revolving Fund.
(4) “Office” means the Office of Data and Innovation.
(5) “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.
(6) “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.
(7) “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.
(e) 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:
(1) 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.
(2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions.
(3) 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.
(4) Rethinking and improving how the state buys digital services and
datasets.
(5) Expanding the use of common platforms, services, and tools.
(f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.
(g) The director shall establish a program to improve the state’s service delivery and data functions, guided by service delivery and data best practices.
(1) 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.
(2) 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.
(h) 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:
(1) Service delivery design, implementation, maintenance, and operations.
(2) Service delivery assessments.
(3) Service delivery improvement and problem mitigation.
(4) 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.
(i) 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.
(j) 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.
(k) 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.
(l) 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.
(m) 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.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(n) 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).
(o) (1) 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.
(2) 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:
(A) A list of past and current engagements organized by state entity.
(B) A list of proposed and approved information technology projects that received funding from the fund.
(C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund.
(D) 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.
including all of the following:
(i) The topic selected and the body that requested the topic.
(ii) The specific problem the topic was intended to solve.
(iii) The platform that was used and why it was selected.
(iv) The specific data that was used in each deliberation process and the source of the data.
(v) The agency or department, if any, that was impacted by the deliberation.
(vi) Whether the participants met the criteria in subparagraph (C) of paragraph (4) of subdivision (q), the number of
participants, and how they were identified and contacted.
(vii) The outcomes of any deliberations in the previous year, including all recommendations, whether they require statutory changes or budget augmentations, and any agency or department involved in the solutions.
(viii) An update from deliberations in previous years that includes whether recommendations were implemented, whether the recommendations improved the problem that was identified, and, if so, how the recommendations improved the problem.
(3) The fund shall consist of all of the following:
(A) Moneys appropriated and made available by the Legislature for the purposes of this section.
(B) 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.
(C) (i) Supplemental funding for the Engaged California Program 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.
(ii) Organizations external to state government,
including, but not limited to, philanthropic organizations, civil groups, and similar entities, that provide funding pursuant to clause (i) shall not participate in the selection of a topic for deliberation, as described in subdivision (q), and shall not participate in the deliberation.
(C)
(D) 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.
(4) Any unspent funds appropriated
for the Engaged California Program during the 2026–27 fiscal year shall remain available for use by that program during the 2027–28 fiscal year.
(p) 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.
(q) (1) Effective January 1, 2027, the Engaged California Program is hereby established within the office.
(2) The purposes of the Engaged California Program is are 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.
(3) For purposes of this subdivision, “platform” means the technology, platform, data infrastructure, and tools necessary to enable the Engaged California Program.
subdivision and subdivision (o), the following definitions apply:
(A) “Deliberation” is a structured dialogue with a defined audience in which participants engage on a defined topic to produce actionable recommendations that inform government services, programs, and policies.
(B) “Personal information” has the same meaning as that term is defined in Section 1798.3 of the Civil Code.
(C) “Platform” means the technology, data infrastructure, and tools necessary to enable the Engaged California Program to facilitate a deliberation.
(4) The office shall have the following responsibilities with respect
to the platform:
(A) Design, operate, and maintain the platform.
(B) Establish standards, guidance, and best practices for use of the platform, consistent with state and federal law.
(C) Ensure the platform remains up to date for future deployment.
(5) Upon appropriation of moneys sufficient to fund at least one Engaged California topic either pursuant to paragraph (8) or by an act of by
the Legislature, and selection of a topic under paragraph (6), the office shall have the following responsibilities with respect to the Engaged California Program:
(A) Select Implement the deliberation for topics for deliberation
selected in compliance with paragraph (6).
(B) Activate the platform Deploy a separate platform that is suitable for each topic selected.
(C) For each topic selected, ensure Solicit participation from a diverse group of participants who reflect the demographic, geographic, and socioeconomic diversity of California.
participants, including all economic segments of the community, members of protected classes under Section 12955, and, as appropriate, the geographic population specific to a selected topic for deliberation.
(D) For each topic selected, identify state agencies, as that term is defined in Section 11000, with relevant knowledge or expertise. expertise to support the office in designing and conducting the deliberation.
(6) Pursuant to subparagraph (A) of paragraph (5), topics for deliberation shall be selected in compliance with all of
the following requirements: following:
(A)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.
(A) (i) The Speaker of the Assembly or the President pro Tempore of the Senate may select a topic for
deliberation.
(ii) The Secretary of Government Operations may select a topic for deliberation.
(B) A topic for deliberation shall define a clear problem to address and meet all of the following criteria:
(i) The topic is relevant to the lived experiences or interests of Californians.
(ii)The topic presents an appropriate level of complexity that allows for informed discussion and collective learning.
(iii)The topic involves differing perspectives that would benefit from structured public deliberation.
(iv)
(ii) The topic is actionable, including that decisions or policy actions may reasonably be taken based on the outcomes of the deliberation.
(iii) The topic has the potential to meaningfully impact Californians or
improve government services and outcomes.
(iv) The topic is appropriate for public deliberation and would benefit from input beyond the traditional stakeholder civic engagement process.
(7) 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:
(A) Coordinate with the office to provide outreach, community engagement, and statement communications expertise necessary for
to support the Engaged California Program.
(B)Subject to existing law, provide any necessary data and relevant information.
(8)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.
(9)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.
(B) Subject to existing law, provide any necessary data and relevant information, provided that the data or information does not include any personal information. Any personal information collected in relation to this paragraph by the agency or the office shall not be used without consent from the individual identified or described.
