The secretary shall develop and adopt information technology standards by which public agencies and regulated business entities and the other members of the regulated community may use computers and other information technology to specify, request, report, collect, communicate, process, display, disseminate, or otherwise utilize data for environmental data reporting requirements that are imposed in the course of granting permits or other authorizations to operate issued pursuant to specified provisions of state and federal law and regulations.
Environmental Data ReportingData Management
Section § 71060
The law requires the creation of standards for using technologies like computers to handle environmental data reporting. Public agencies, businesses, and regulated groups should follow these standards when dealing with environmental permits or approvals, ensuring efficient data management and communication.
information technology standards environmental data reporting public agencies
Section § 71061
This law requires the secretary to create a standardized electronic system for sharing environmental data. This system will help fulfill reporting needs related to various environmental protection laws. These laws cover areas like hazardous waste management, air quality regulations, water protection, and community safety related to hazardous substances. The system aims to streamline data exchange and compliance with both state and federal environmental requirements.
The secretary shall establish a standardized electronic format and protocol for the exchange of electronic data for the purpose of meeting environmental data reporting or other usage requirements that are imposed pursuant to all of the following laws and regulations adopted pursuant to those laws:
(a)CA Public Resources Code § 71061(a) Chapter 6.5 (commencing with Section 25100), including, but not limited to, Article 6 (commencing with Section 25160), Chapter 6.7 (commencing with Section 25280), and Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(b)CA Public Resources Code § 71061(b) Article 1 (commencing with Section 42300) of Chapter 4 of Part 4 of Division 26 of the Health and Safety Code.
(c)CA Public Resources Code § 71061(c) Division 7 (commencing with Section 13000) of the Water Code.
(d)CA Public Resources Code § 71061(d) The Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.).
(e)CA Public Resources Code § 71061(e) The Emergency Planning and Community Right-to-Know Act (42 U.S.C. Sec. 11001 et seq.).
(f)CA Public Resources Code § 71061(f) Any other law relating to environmental protection, including, but not limited to, hazardous waste, substances, and materials, as determined by the secretary.
environmental data exchange electronic data protocol hazardous waste reporting
Section § 71062
This section assigns the secretary the job of identifying specific environmental data reporting or usage rules mentioned in another law section. The secretary must ensure these requirements are clearly represented in a standardized electronic format. Additionally, they must create a data dictionary that explains each element of this format and how it relates to the reporting requirements. Finally, the secretary needs to establish criteria to gauge how well the standardized format and protocol are being used.
The secretary shall identify the environmental data reporting or usage requirements imposed pursuant to the laws listed in Section 71061 and reflect those requirements in the elements of the standardized electronic format and protocol, develop a data dictionary that describes the characteristics of each format element and its relationship to each environmental data reporting or usage requirement, and develop evaluation criteria by which the successful use of the standardized electronic format and protocol may be measured.
environmental data reporting usage requirements standardized electronic format
Section § 71063
This law section directs a pilot program in Santa Clara and San Mateo counties to test standardized electronic formats for submitting environmental data. Business entities in these counties, who need to comply with certain environmental reporting requirements, can use this electronic system.
The program is initiated by businesses already using similar technology for other data exchanges. The secretary will oversee the program without any public funds, only using resources provided by business participants. Any technology used in the program isn't publicly endorsed.
(a)CA Public Resources Code § 71063(a) The proposed standardized electronic format and protocol required by Section 71061 and the alternative signature techniques required by Section 71066 shall be tested in the Counties of Santa Clara and San Mateo as a pilot program, for a period determined by the secretary, and at the initiative of business entity report submitters who have organized to implement electronic data interchange among themselves for other business purposes and who wish to employ the same technology for exchanging environmental data. Any of the participating business entities located within those counties who are required to comply with the environmental data reporting requirements imposed pursuant to the laws listed in Section 71061, may comply by submitting the data in the prescribed standardized electronic format.
(b)CA Public Resources Code § 71063(b) The secretary shall meet the requirements of Section 71063 using resources contributed exclusively by business participants. The secretary may accept and use computer hardware, software, and support services furnished by the industry or business participants at their own cost in order for the agency to participate in the pilot program. No public funds shall be encumbered in order to conduct, or pay for, any part of the pilot program originally undertaken or provided by any business participant. The brands of products employed shall not be identified in public, nor shall their use be deemed an endorsement of any particular brand or proprietary approach to electronic data interchange.
standardized electronic format pilot program Santa Clara County
Section § 71064
This law section establishes the Environmental Data Management Advisory Committee within a state agency. The committee will have up to seven members chosen by the secretary, representing business, government, and environmental groups. These members should be experts in electronic data exchange.
The committee's role is to advise the secretary on how to adopt the fastest, most effective, and cost-efficient electronic standards for formatting data. Their meetings will be public, allowing citizens to express their views on the topics discussed.
(a)CA Public Resources Code § 71064(a) There is in the agency the Environmental Data Management Advisory Committee. The advisory committee shall consist of not more than seven members appointed by the secretary. The secretary shall select members who represent business, government, and environmental groups, and who have proven expertise and current knowledge in the field of electronic data exchange.
(b)CA Public Resources Code § 71064(b) The advisory committee shall advise the secretary on the quickest, most effective, and least expensive alternative systems of electronic standards for formatting data.
(c)CA Public Resources Code § 71064(c) The meetings of the advisory committee shall be open to the public and shall provide an opportunity for the public to be heard on matters considered by the advisory committee.
Environmental Data Management Advisory Committee electronic data exchange public meetings
Section § 71065
This law section requires that any electronic data format and protocol used by public agencies and businesses must be compatible with existing systems to avoid additional costs or disruption. It must work with all kinds of computer systems and technologies without needing special adjustments.
Additionally, it should allow for updates or changes in data specifications without requiring costly changes to the users’ existing hardware or software.
To the fullest extent practicable to public agencies and business entities, the secretary, in close consultation with the advisory committee, shall ensure that the standardized electronic format and protocol established pursuant to Section 71061 meets all of the following criteria:
(a)CA Public Resources Code § 71065(a) The format and protocol conforms with, or is compatible with, data interchange formats and protocols already in use in the regulated community for moving data from computer to computer, so that the format and pilot program may be implemented promptly, without the need for research and development into untried formats and protocols.
(b)CA Public Resources Code § 71065(b) The format and protocol works independently of the type of computer hardware, software, operating system, data storage device, and telecommunications equipment employed by prospective senders and receivers.
(c)CA Public Resources Code § 71065(c) The format and protocol accommodates the addition of new or revised data element specifications without requiring users to make costly modifications to the hardware or software that they employ to submit electronic data.
electronic data format protocol compatibility data interchange
Section § 71066
This section allows the secretary to decide how reports can be signed electronically instead of using a handwritten signature. It ensures that once you sign electronically, it's as valid as signing with a pen on paper. The secretary can also set up a way to sign and certify reports submitted on magnetic media formats like floppy disks or magnetic tape.
The secretary shall prescribe one or more techniques by which a report may be signed electronically by a person who would otherwise place a written signature on a paper version of the report. The prescribed electronic signature shall be binding on all persons and for all purposes under the law as if the signature had been made in ink on the equivalent paper document. The secretary may also prescribe a paper form for signature and certification of a report submitted in the prescribed file format on tangible magnetic media, including, but not limited to, floppy disks or magnetic tape.
electronic signature report signing binding electronic signature
Section § 71067
This section requires public agencies to keep auditing their data as they currently do. They must also work with those who provide the data to fix any mistakes found. For the pilot program, every participant must keep a detailed log to help inspectors verify that the submitted data matches what is actually received through electronic means.
Public agencies shall continue their current data auditing practices, and shall work with data submitters to correct all kinds of data error encountered. The pilot program shall require that each participant maintain an audit trail as part of the evaluation criteria so that inspectors and other evaluators may ensure that the data submitted comport with the data received along the electronic link.
public agencies data auditing data correction
Section § 71068
This law section outlines the rules for using electronic formats and protocols to submit environmental data to state or local agencies instead of paper formats. If these electronic methods are approved by the advisory committee, the secretary can adopt them as alternatives. Local agencies can ask to add specific data items to the data dictionary if they can justify the need based on existing laws or scientific principles, and if current data options aren't sufficient.
Submissions made electronically using approved standards are considered just as valid as paper submissions. However, no one is forced to use electronic submissions; it's optional. Agencies that choose to use electronic data management must follow the specified standards. Existing powers of local agencies to require data submissions aren't limited by this law.
(a)CA Public Resources Code § 71068(a) Upon the completion of a demonstration of any standardized electronic format and protocol and alternative signature technique pursuant to this part, to the satisfaction of the advisory committee, the secretary shall adopt that electronic format and protocol standard for use as an optional alternative to submitting environmental data on paper to any state or local agency.
(b)CA Public Resources Code § 71068(b) Any local agency requiring the submission of an element of environmental data not found in the data dictionary maintained by the secretary pursuant to Section 71062 may petition the secretary for inclusion of that data element. The secretary shall include an additional data item in the data dictionary only if the local agency demonstrates both of the following:
(1)CA Public Resources Code § 71068(b)(1) One of the following applies:
(A)CA Public Resources Code § 71068(b)(1)(A) A specific requirement for that item in existing law or regulation.
(B)CA Public Resources Code § 71068(b)(1)(B) A principle of mathematics or science that requires the collection of that data item to meet another specific purpose under the applicable law.
(2)CA Public Resources Code § 71068(b)(2) There is no other way to meet the local agency’s needs using combinations of data elements already incorporated into the data dictionary.
(c)CA Public Resources Code § 71068(c) The electronic submission of environmental data to any state or local agency in accordance with the data standards adopted under this part constitutes compliance with the environmental data reporting or other usage requirements imposed pursuant to the laws specified in subdivisions (a) to (f), inclusive, of Section 71061, and has the same force and effect as if the data had been submitted in ink on paper.
(d)CA Public Resources Code § 71068(d) Notwithstanding any other provision of law, no person or state or local agency shall be required to submit or receive environmental data electronically, but every state or local agency that elects to engage in electronic data management with regard to environmental data shall employ the electronic reporting standards adopted by the secretary under this part.
(e)CA Public Resources Code § 71068(e) Nothing in this section limits any existing authority of a local agency to require the submission of environmental data.
electronic format environmental data data submission
