as amended, Levine.
begin deleteResources: Delta research. end delete
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.end delete
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, metadata, 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. The bill would require a state agency that funds or participates in Delta research to (1) make it a condition of a Delta research grant that the grantee implement a data management plan that specifies how the grantee will share research data, metadata, and findings with other 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 delete
begin deleteyes end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 6 (commencing with Section 85285) is
26added to Part 3 of Division 35 of the Water Code, to read:
For purposes of this chapter, the following definitions
33(a) “Delta research” means scientific inquiry that meets one or
34both of the following conditions:
35(1) The San Francisco Bay or the Sacramento-San Joaquin Delta
36is, in whole or in part, the locus of the research.
37(2) The research addresses environmental factors relevant to
38this division, including, but not limited to, hydrodynamics, salinity,
39geomorphology, studies related to aquatic species, and water
40quality, including mercury contamination, in the Sacramento River,
P4 1the San Joaquin River, or any tributary, including any
2impoundment on any tributary, of the Sacramento or San Joaquin
4(b) “Machine readable” means data encoded on an appropriate
5medium and in a form suitable for processing by computer.
6(c) “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 a person
10conducting Delta research has a responsibility, as a member of the
11scientific community, to share results and findings with other
12researchers for the public benefit.
(a) Except as provided in coordinated guidelines
14adopted pursuant to Section 85287, if any, a researcher shall do
15all of the following:
16(1) Implement a data management plan that specifies how the
17researcher will share research data, metadata, and findings with
18other researchers in a form that is machine readable.
19(2) Provide the Delta Science Program with access to all primary
20data created for conducting Delta research.
21(3) Promptly prepare and submit for publication, with authorship
22that accurately reflects the contributions of those involved, all
23significant findings from Delta research.
24(4) Permit and encourage the publication of Delta research by
25those actually performing Delta research, unless a state funding
26recipient intends to publish or disseminate those findings by itself.
27(5) Share with other researchers, at no more than incremental
28cost and within a reasonable time, the primary data, metadata, and
29other supporting materials created or gathered in the course of
30conducting Delta research.
31(6) Encourage and facilitate the sharing of the primary data,
32metadata, and other supporting materials created or gathered in
33the course of conducting Delta research.
34(7) Release privileged or confidential information only in a form
35that protects the privacy of individuals and subjects involved.
36(b) It is the intent of the Legislature that this section provide
37the Delta Science Program, as described in Section 85280, with
38the authority to request data when the Delta Science Program
39deems, at its discretion, that data is relevant, but that this section
P5 1not create an obligation or duty upon the Delta Science Program
2to request or manage data.
(a) A state agency that funds or participates in Delta
4research shall make it a condition of a Delta research grant that
5the grantee implement a data management plan, as required by
6paragraph (1) of subdivision (a) of Section 85286.
7(b) (1) A state agency that funds or participates in Delta research
8shall adopt policies and programs to disseminate and share Delta
9research results, unless the agency determines that sufficient funds
10are not available for that purpose.
11(2) The requirements of this subdivision may be met by an
12interagency group that includes, but need not be limited to, the
13department, the State Water Resources Control Board, the
14Department of Fish and Wildlife, the Delta Stewardship Council,
15and the Sacramento-San Joaquin Delta Conservancy adopting
16coordinated guidelines to provide consistent procedural and
17technical requirements for Delta research, including, but not limited
18to, standardized types of information, and adjustments to, and,
19where essential, exceptions from, the requirements of this chapter,
20for the purposes of safeguarding the rights of individuals and
21subjects, or the validity of the results, or accommodating legitimate
22research interests. Coordinated guidelines adopted pursuant to this
23paragraph are not regulations for purposes of, and shall not be
24subject to, Chapter 3.5 (commencing with Section 11340) of Part
251 of Division 3 of Title 2 of the Government Code.
26 (c) To the extent permitted by federal law, a state agency that
27funds or participates in Delta research may accept any funds,
28services, equipment, or grants to further the purpose of this section.
A researcher that does not substantially comply with
30the requirements of Section 85286 within six months of completing
31the Delta research project is not eligible for state funding until the
32researcher complies with those requirements.