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,
P3 1and offices. Neither the University of California, nor the California
2State University, is included in the definition of state agency.
The Legislature finds and declares all of the following:
4(a) The state is home to many of the world’s top research
5universities, national laboratories, and leading-edge
6high-technology companies that generate significant intellectual
7property.
8(b) It is in the interest of the state to ensure that the results of
9state-funded research are promptly developed and protected and
10to ensure free public Internet access to the results, where
11appropriate.
12(c) The expansion of innovation with the investment of taxpayer
13dollars in the form of publicly funded grants could
generate public
14benefit, including, but not limited to, reinvestment in research,
15
development of new innovations, and jobs created from these types
16of research.
17(d) It is the intent of the Legislature that any grantee who
18receives funding in the form of a research grant from a state agency
19abide by the publication requirements outlined in subdivisions (a)
20to (d), inclusive, of Section 100303 of Title 17 of the California
21Code of Regulations, as amended on March 21, 2013, and in effect
22on July 1, 2013.
(a) Any grantee that receives funding, in whole or
24in part, in the form of a research grant from a state agency shall
25provide for free public access to any publication of a state
26agency-funded invention or state agency-funded technology, as
27provided in this section.
28(b) For any manuscript that isbegin delete peer reviewed andend delete accepted for
29publication in abegin delete scientificend deletebegin insert peer-reviewedend insert journal, the grantee shall
30ensure that an electronic
version of the final peer-reviewed
31manuscript is submitted to the funding agency or to an appropriate
32publicly accessible database approved by the agency, including,
33but not limited to,begin insert the University of California’s eScholarship
34Repository atend insert the California Digital Library, PubMed Central, or
35the California Digital Open Source Library, to be made publicly
36available no later than 12 months after the official date of
37publication. Manuscripts submitted to the California Digital Open
38Source Library shall be exempt from the requirements in
39subdivision (b) of Section 66408 of the Education Code. The
40grantee shall make reasonable efforts to comply with this
P4 1requirement through submission of the manuscript to an approved
2publicly accessible database, including notifying the funding
3agency of submission. If the
grantee is unable to submit the
4manuscript to an approved publicly accessible database, the grantee
5may comply by providing the manuscript to the funding agency,
6no later than 12 months after the official date of publication. In
7lieu of the final peer-reviewed manuscript, the grantee may submit
8the final published article.
9(c) For publications other than those described in subdivision
10(b), including meeting abstracts, the grantee shall comply by
11providing the manuscript to the funding agency no later than 12
12months after the official date of publication.
13(d) Grantees are responsible for ensuring that any publishing
14or copyright agreements concerning submitted articles fully comply
15with this section.
16(e) Grantees are
authorized to use grant money for publication
17costs, including fees charged by a publisher for color and page
18charges, or fees for digital distribution.
19(f) This chapter shall not apply to a grantee that receives funding
20from a state agency or funding agency that has an existing
21publication requirement that meets or exceeds the requirements
22of this section, on or before the effective date of this chapter.
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