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 would establish minimum publication requirements for a person receiving funding, in whole or in part, in the form of a research grant from a state agency. The bill would require the grant recipient to provide for public access to any publication of a state agency-funded invention or state agency-funded technology, as specified, including ensuring that an electronic version of the final peer-reviewed manuscript is submitted to the funding agency or to an appropriate publicly accessible database approved by the agency, and is made publicly available no later than 12 months after the official date of publication.
The bill would make legislative findings in support of granting public access to state-funded research and inventions. The bill would also express the intent of the Legislature to encourage all grantees to abide by the publication requirements outlined in the California Code of Regulations for stem cell research California Institute for Regeneration Medicine grants, as specified. The bill would exempt a grantee that receives funding from an agency that has an existing publication requirement that meets or exceeds the requirements of this bill.
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)
2is added to Part 4.5 of Division 3 of Title 2 of the Government
3Code, to read:
4
This act shall be known and may be cited as the
8California Taxpayer Access to Publicly Funded Research Act.
For purposes of this chapter, “state agency” shall
10mean an entity within the executive branch, including, but not
11limited to, all departments, boards, bureaus, commissions, councils,
12and offices. Neither the University of California, nor the California
13State University, is included in the definition of state agency.
The Legislature finds and declaresbegin insert all ofend insert the following:
2(a) The state is home to many of the world’s top research
3universities, national laboratories, and leading-edge
4high-technology companies that generate significant intellectual
5property.
6(b) It is in the interest of the state to ensure that the results of
7state-funded research are promptly developed and protected and
8to ensure free public Internet access to the results, where
9appropriate.
10(c) The
expansion of innovation with the investment of taxpayer
11dollars in the form of publicly funded grants could generate public
12benefit, including, but not limited to, reinvestment in research,
13
development of new innovations, and jobs created from these types
14of research.
15(d) It is the intent of the Legislature that any grantee who
16receives funding in the form of a research grant from a state agency
17abide by the publication requirements outlined in subdivisions (a)
18to (d), inclusive, of Section 100303 of Title 17 of the California
19Code of Regulations, as amended on March 21, 2013, and in effect
20on July 1, 2013.
(a) Any grantee that receives funding, in whole or
22in part, in the form of a research grant from a state agency shall
23provide for free public access to any publication of a state
24agency-funded invention or state agency-funded technology, as
25provided in this section.
26(b) For any manuscript that is peer reviewed and accepted for
27publication in a scientific journal, the grantee shall ensure that an
28electronic version of the final peer-reviewed manuscript is
29submitted to the funding agency or to an appropriate publicly
30accessible database approved by the agency, including, but not
31limited to, the California Digital Library, PubMed Central, or the
32California
Digital Open Source Library, to be made publicly
33available no later than 12 months after the official date of
34publication. Manuscripts submitted to the California Digital Open
35Source Library shall be exempt from the requirements in
36subdivision (b) of Section 66408 of the Education Code. The
37grantee shall make reasonable efforts to comply with this
38requirement through submission of the manuscript to an approved
39publicly accessible database, including notifying the funding
40agency of submission. If the grantee is unable to submit the
P4 1manuscript to an approved publicly accessible database, the grantee
2may comply by providing the manuscript to the funding agency,
3no later than 12 months after the official date of publication. In
4lieu of the final peer-reviewed manuscript, the grantee may submit
5the final published article.
6(c) For
publications other than those described in subdivision
7(b), including meeting abstracts, the grantee shall comply by
8providing the manuscript to the funding agency no later than 12
9months after the official date of publication.
10(d) Grantees are responsible for ensuring that any publishing
11or copyright agreements concerning submitted articles fully comply
12with this section.
13(e) Grantees are authorized to use grant money for publication
14costs, including fees charged by a publisher for color and page
15charges, or fees for digital distribution.
16(f) This chapter shall not apply to a grantee that receives funding
17from a state agency or funding agency that has an existing
18publication requirement that meets or exceeds the
requirements
19of this section, on or before the effective date of this chapter.
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