AB 609, as amended, Nestande. State-funded research.
Existing law authorizes the Department of General Services to carry out various powers and duties relating to assisting a state agency in the management and development of intellectual property developed by state employees or with state funding, including, among other duties, developing a database of state-owned intellectual property using specified data.
Existing law authorizes state agencies and departments to, upon request, share records and information related to intellectual property generated by state employees or with state funding with the department. Existing law also imposes certain restrictions on employees and former employees of the department with respect to divulging certain information provided by state agencies and departments regarding intellectual property.
This bill would enact the
California Taxpayer Access to Publicly Funded Research Act. The bill, notwithstanding any other law, would require a state agency that providesbegin insert grantend insert fundingbegin delete forend deletebegin insert resulting directly inend insert researchbegin delete resulting directly from proscribed grants from state agency fundingend delete for the purpose of specific researchbegin delete undertakingend deletebegin insert undertakingsend insert to develop a public access policy. The bill would require the public access policy to, among other things, include a
requirement that electronic versions of final manuscriptsbegin insert or a specified link to an electronic versionend insert of original research papers accepted for publicationbegin delete toend delete be submitted to the state agencybegin insert and the California State Library,end insert andbegin insert toend insert provide free online public access tobegin delete suchend deletebegin insert thoseend insert final peer-reviewed manuscripts or published versions, as specified.
This bill would, until January
1, 2018, require, not later than December 1, that each state agencybegin delete toend delete submit an annual report on the state agency’s public access policy to the Governor, the Senate Committee on Rules, and the Speaker of the Assembly.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.5 (commencing with Section 13989) is added to Part 4.5 of Division 3 of Title 2 of the Government Code, to read:
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This act shall be known and may be cited as the California Taxpayer Access to Publicly Funded Research Act.
For purposes of this chapter, the following definitions shall apply:
(a) “State agency” shall mean an entity within the executive branch, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices.
(b) “Direct research” shall mean research resulting directly frombegin delete proscribedend delete grants from state agency funding for the purpose of specific research undertakings.
(c) “Policy” shall mean the public access policy established pursuant tobegin delete subdivision
(b)end delete
(a) Notwithstanding any other law, each state agency that provides fundingbegin insert in the form of a research grant to a granteeend insert for direct research shall develop a public access policy that shall do the following:
(1) Include a requirement that electronic versions of the author’s final manuscriptsbegin insert,end insertbegin insert or a link to an electronic version of the author’s final manuscript in an open access digital repositoryend insert of original research papers that have been accepted for publication in peer-reviewed journals and result from research supported from state agency funding, be submitted to the funding state agencybegin insert and the California State Libraryend insert.
(2) Provide free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable, but not later than six months after publication in peer-reviewed journals.
(3) To the extent in compliance with copyright or patent protection, produce an online bibliography of all research papers that are publicly accessible under the policy, with each entry linked to the corresponding free online full text.begin insert The California State Library shall produce and maintain the online bibliography under this paragraph.end insert
(4) Provide for the long-term preservation of, and free access to, published research findings in a stable digital repository maintained by thebegin delete state agencyend deletebegin insert California State Libraryend insert or in any repository determined by thebegin delete state agencyend deletebegin insert California State Libraryend insert to meet these conditions.
(5) Be developed in conjunction with any other state agencies that provide funding for direct research or that underwrite the cost of facilities, equipment, hardware, information resources, personnel, or otherwise fiscally support direct research.
begin insert(6) Authorize the use of grant money for publication costs, which include fees charged by a publisher, including, but not limited to, color and page charges, or fees for digital distribution.
end insert(b) The policy described in subdivision (a) shall exclude all of the following:
(1) Research progress reports presented at professional meetings or conferences.
(2) Laboratory notes, preliminary data analyses, notes of the author, phone logs, or other information used to produce the final manuscript.
(3) Classified research, research resulting in works that generate revenue or royalties for the authors, or patentable discoveries, to the extent necessary to comply with copyright or patent protections.
(4) Authors who do not submit their work to a peer-reviewed journal or works that are rejected for publication in such journals.
(5) State-funded researchbegin insert grantsend insert entered into pursuant to a contract prior to the effective date of this chapter where the terms and conditions of that contract prohibit the public dissemination of the researchbegin insert or are otherwise in conflict with the provisions of this chapterend insert.
(6) Any databegin insert, including supplemental data,end insert that has the potential to reveal a person’s identity.
(a) Not later than December 1, annually, each state agency shall submit a report on the state agency’s policy to the Governor, the Senate Committee on Rules, and the Speaker of the Assembly.
(b) The report shall include, but not be limited to, all of the following:
(1) A statement of the effectiveness of the policy in providing the public with free online access to papers on research funded bybegin delete suchend deletebegin insert the stateend insert agency.
(2) A list of papers published in peer-reviewed journals that report on research funded bybegin delete suchend deletebegin insert the stateend insert agency.
(3) A corresponding list of papers made available by the state agency as a result of this act.
(c) (1) A report to the Legislature pursuant to this sectionbegin delete,end delete shall be submitted in compliance with Section 9795.
(2) This section shall become inoperative on January 1, 2018, pursuant to Section 10231.5.
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