Amended in Assembly January 25, 2016

Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 501


Introduced by Assembly Member Levine

February 23, 2015


An act to add Chapter 6 (commencing with Section 85285) to Part 3 of Division 35 of the Water Code, relating to resources.

LEGISLATIVE COUNSEL’S DIGEST

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 deletebegin insert metadata,end insert 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 tobegin delete implement policies to disseminate and share Delta research results, including, but not limited to, makingend deletebegin insert (1) makeend insert it a condition of abegin insert Delta researchend insert grant that the granteebegin insert implement a data management plan that specifies how the grantee willend insert share research data,begin delete collections,end deletebegin insert metadata,end insert and findings with otherbegin delete researchers.end deletebegin insert researchers and (2) adopt policies and programs to disseminate and share Delta research results, unless the agency determines that sufficient funds are not available for that purpose. The bill would authorize the requirement to adopt policies and programs to be met by an interagency group adopting coordinated guidelines to provide consistent procedural and technical requirements for Delta research and adjustments to, and, where essential, exceptions from, the bill’s requirements and would exempt the adoption of these coordinated guidelines from the procedural requirements for the adoption of regulations.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 6 (commencing with Section 85285) is
2added to Part 3 of Division 35 of the Water Code, to read:

3 

4Chapter  6. Dissemination and Sharing of State-Funded
5Delta Research Data
6

 

7

85285.  

For purposes of this chapter, the following definitions
8shall apply:

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
2Rivers.

begin insert

3(b) “Machine readable” means data encoded on an appropriate
4medium and in a form suitable for processing by computer.

end insert
begin delete

5(b)

end delete

6begin insert(end insertbegin insertc)end insert “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.

9

85285.5.  

It is the intent of the Legislature thatbegin delete personsend deletebegin insert a personend insert
10 conducting Delta researchbegin delete haveend deletebegin insert hasend insert a responsibility, asbegin delete membersend delete
11begin insert a memberend insert of the scientific community, to share results and findings
12with other researchers for the publicbegin delete benefit, including, but not
13limited to, data, samples, and other material collected while
14conducting the research.end delete
begin insert benefit.end insert

15

85286.  

begin insert(a)end insertbegin insertend insert Except as provided inbegin delete Section 85286.5,end deletebegin insert coordinated
16guidelines adopted pursuant to Section 85287, if any,end insert
a researcher
17shall do all of the following:

begin insert

18(1) Implement a data management plan that specifies how the
19researcher will share research data, metadata, and findings with
20other researchers in a form that is machine readable.

end insert
begin delete

21(a)

end delete

22begin insert(2)end insert Provide the Delta Science Program with access to all primary
23data created for conducting Delta research.

begin delete

24(b)

end delete

25begin insert(3)end insert Promptly prepare and submit for publication, with authorship
26that accurately reflects the contributions of those involved, all
27significant findings from Delta research.

begin delete

28(c)

end delete

29begin insert(4)end insert 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.

begin delete

32(d)

end delete

33begin insert(5)end insert Share with other researchers, at no more than incremental
34cost and within a reasonable time, the primary data,begin delete samples,
35physical collections,end delete
begin insert metadata,end insert and other supporting materials
36created or gathered in the course of conducting Delta research.

begin delete

37(e)

end delete

38begin insert(6)end insert Encourage and facilitate the sharing of the primary data,
39begin delete samples, physical collections,end deletebegin insert metadata,end insert and other supporting
P4    1materials created or gathered in the course of conducting Delta
2research.

begin delete

3(f)

end delete

4begin insert(7)end insert Release privileged or confidential information only in a form
5that protects the privacy of individuals and subjects involved.

begin insert

6(b) It is the intent of the Legislature that this section provide
7the Delta Science Program, as described in Section 85280, with
8the authority to request data when the Delta Science Program
9deems, at its discretion, that data is relevant, but that this section
10not create an obligation or duty upon the Delta Science Program
11to request or manage data.

end insert
begin delete
12

85286.5.  

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.

end delete
22

85287.  

begin insert(a)end insertbegin insertend insert A state agency that funds or participates in Delta
23research shallbegin delete implement policies to disseminate and share Delta
24research results, including, but not limited to, makingend delete
begin insert makeend insert it a
25condition of abegin insert Delta researchend insert grant that the granteebegin delete share research
26data, collections, and findings with other researchers.end delete
begin insert implement
27a data management plan, as required by paragraph (1) of
28subdivision (a) of Section 85286.end insert

begin insert

29(b) (1) A state agency that funds or participates in Delta
30research shall adopt policies and programs to disseminate and
31share Delta research results, unless the agency determines that
32sufficient funds are not available for that purpose.

end insert
begin insert

33(2) The requirements of this subdivision may be met by an
34interagency group that includes, but need not be limited to, the
35department, the State Water Resources Control Board, the
36Department of Fish and Wildlife, the Delta Stewardship Council,
37and the Sacramento-San Joaquin Delta Conservancy adopting
38coordinated guidelines to provide consistent procedural and
39technical requirements for Delta research, including, but not
40limited to, standardized types of information, and adjustments to,
P5    1and, where essential, exceptions from, the requirements of this
2chapter, for the purposes of safeguarding the rights of individuals
3and subjects, or the validity of the results, or accommodating
4legitimate research interests. Coordinated guidelines adopted
5pursuant to this paragraph are not regulations for purposes of,
6and shall not be subject to, Chapter 3.5 (commencing with Section
711340) of Part 1 of Division 3 of Title 2 of the Government Code.

end insert
begin insert

8 (c) To the extent permitted by federal law, a state agency that
9funds or participates in Delta research may accept any funds,
10services, equipment, or grants to further the purpose of this section.

end insert
11

85287.5.  

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.



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