The pass certainly looks much too close and I'm sure the driver broke a law by being that close. I think most jurisdictions have minimum distance laws when passing cyclists. However, since that road doesn't have a shoulder or bike lane, and is actually marked as a sharrow, I'd have been right in the middle of that lane. I try to avoid giving drivers any chance to pass too close.
Again, it's always everyone's responsibility to keep things safe. If a driver cannot pass safely, they just have to slow and wait. Simple as that.
Something I find funny is the drivers who choose to pass me a bit closer than needed, just to avoid crossing a double yellow. Like the traffic gods or going to smite them and it's worth risking my life so they don't contact the magical double yellow paint barrier force field.