AB 501, as amended, Levine. Resources: Delta research.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, requires the Delta Stewardship Council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, meeting specified requirements. The act requires the Delta Independent Science Board to develop a scientific program relating to the management of the Delta.
This bill would require a person conducting Delta research, as defined, whose research is funded, in whole or in part, by the state, to take specified actions with regard to the sharing of the primary data,
begin delete samples, physical collections,end delete and other supporting materials created or gathered in
the course of that research. The bill would make a researcher ineligible for state funding if the researcher does not substantially comply with these requirements within 6 months of completing the Delta research project, until the researcher complies with those requirements. begin delete The bill would authorize the Delta Independent Science Board to adopt guidelines to provide adjustments to, and, where essential, exceptions from, these requirements and would exempt the adoption of these guidelines from the procedural requirements for the adoption of regulations.end delete The bill would require a state agency that funds or participates in Delta research to begin delete implement policies to disseminate and share Delta research results, including, but not limited to, makingend delete
it a condition of a grant that the grantee share research data, begin delete collections,end delete and findings with other begin delete researchers.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 6 (commencing with Section 85285) is
2added to Part 3 of Division 35 of the Water Code, to read:
For purposes of this chapter, the following definitions
9(a) “Delta research” means scientific inquiry that meets one or
10both of the following conditions:
11(1) The San Francisco Bay or the Sacramento-San Joaquin Delta
12is, in whole or in part, the locus of the research.
13(2) The research addresses environmental factors relevant to
14this division, including, but not limited to, hydrodynamics, salinity,
15geomorphology, studies related to aquatic species, and water
16quality, including mercury contamination, in the Sacramento River,
17the San Joaquin River, or any tributary, including any
P3 1impoundment on any tributary, of the Sacramento or San Joaquin
6 “Researcher” means a person who conducts Delta research
7and whose research is funded, in whole or in part, by the state,
8including, but not limited to, by a research grant.
It is the intent of the Legislature that
begin delete personsend delete
10 conducting Delta research
begin delete haveend delete a responsibility, as begin delete membersend delete
11 of the scientific community, to share results and findings
12with other researchers for the public
begin delete benefit, including, but not
13limited to, data, samples, and other material collected while
14conducting the research.end delete
Except as provided in
begin delete Section 85286.5,end delete a researcher
17shall do all of the following:
22 Provide the Delta Science Program with access to all primary
23data created for conducting Delta research.
25 Promptly prepare and submit for publication, with authorship
26that accurately reflects the contributions of those involved, all
27significant findings from Delta research.
29 Permit and encourage the publication of Delta research by
30those actually performing Delta research, unless a state funding
31recipient intends to publish or disseminate those findings by itself.
33 Share with other researchers, at no more than incremental
34cost and within a reasonable time, the primary data,
begin delete samples, and other supporting materials
35physical collections,end delete
36created or gathered in the course of conducting Delta research.
38 Encourage and facilitate the sharing of the primary data,
begin delete samples, physical collections,end delete and other supporting
P4 1materials created or gathered in the course of conducting Delta
4 Release privileged or confidential information only in a form
5that protects the privacy of individuals and subjects involved.
The Delta Independent Science Board established
13pursuant to Section 85280 may adopt guidelines to provide
14adjustments to, and, where essential, exceptions from, the
15requirements of this chapter, for the purposes of safeguarding the
16rights of individuals and subjects, or the validity of the results, and
17the integrity of collections, or accommodating legitimate research
18interests. The guidelines adopted pursuant to this section are not
19regulations for purposes of, and shall not be subject to, Chapter
203.5 (commencing with Section 11340) of Part 1 of Division 3 of
21Title 2 of the Government Code.
A state agency that funds or participates in Delta
begin delete implement policies to disseminate and share Delta it a
24research results, including, but not limited to, makingend delete
25condition of a grant that the grantee
begin delete share research
26data, collections, and findings with other researchers.end delete
A researcher that does not substantially comply with
12the requirements of Section 85286 within six months of completing
13the Delta research project is not eligible for state funding until the
14researcher complies with those requirements.