BILL NUMBER: AB 501 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2016
AMENDED IN ASSEMBLY JANUARY 25, 2016
AMENDED IN ASSEMBLY APRIL 22, 2015
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.
to add Section 423.6 to the Government Code, relating
to state emblems.
LEGISLATIVE COUNSEL'S DIGEST
AB 501, as amended, Levine. Resources: Delta research.
State fabric.
Existing law declares the official state animal, rock, mineral,
grass, insect, bird, and marine fish, among other things.
This bill would make denim the official state fabric.
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, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Denim is a sturdy cotton twill fabric. To create denim fabric,
horizontal threads pass under two or more vertical threads. However,
denim is much more than just a fabric. Denim's history is interwoven
with California history from the 1850s through today.
(b) Since the 17th century through the present day, denim has been
used to make upholstery, tents, blankets, wagon covers, and of
course, pants known as jeans.
(c) Denim jeans were invented in San Francisco during the Gold
Rush Era, and in May 1873, the United States Patent and Trademark
Office approved patent number 139,121 for the invention of jeans.
(d) The history of denim jeans parallels the history of
California. At first, jeans were designed as practical working
clothes. They eventually became a symbol of American culture. Jeans
have been worn by gold miners, cowboys, farm workers, rock stars,
"hippies," and people of all walks of life. Jeans were featured in
the first Hollywood silent films and became an iconic costume in a
variety of genres, especially westerns and war films.
(e) Today, California is responsible for about 75 percent of the
premium denim jeans sold throughout the world. The industry employs
more than 200,000 people in southern California alone, making it the
largest fashion manufacturing hub in the United States. Denim jeans
can be found in the wardrobes of 96 percent of American consumers
who, on average, own seven pairs. Denim jeans represent an estimated
$60 billion global market for retailers.
(f) Celebrities, music artists, models, business people, and
Californians of all ages continue to wear denim. Jeans have become
the uniform for several companies in the technology industry in
Silicon Valley. Prominent technology companies developed genius
innovations while working in a garage wearing comfortable denim
jeans.
(g) Denim companies have used their brands to positively impact
the global community by spreading awareness about gender equality,
climate change, fair trade, workplace equality, and a variety of
other contemporary issues.
(h) Several denim companies are now looking into the future and
making sustainability a core principal of its business model.
California's denim industry has worked to shrink its carbon footprint
and combat drought.
SEC. 2. Section 423.6 is added to the
Government Code , to read:
423.6. Denim is the official state fabric.
SECTION 1. Chapter 6 (commencing with Section
85285) is added to Part 3 of Division 35 of the Water Code, to read:
CHAPTER 6. DISSEMINATION AND SHARING OF STATE-FUNDED DELTA
RESEARCH DATA
85285. For purposes of this chapter, the following definitions
shall apply:
(a) "Delta research" means scientific inquiry that meets one or
both of the following conditions:
(1) The San Francisco Bay or the Sacramento-San Joaquin Delta is,
in whole or in part, the locus of the research.
(2) The research addresses environmental factors relevant to this
division, including, but not limited to, hydrodynamics, salinity,
geomorphology, studies related to aquatic species, and water quality,
including mercury contamination, in the Sacramento River, the San
Joaquin River, or any tributary, including any impoundment on any
tributary, of the Sacramento or San Joaquin Rivers.
(b) "Machine readable" means data encoded on an appropriate medium
and in a form suitable for processing by computer.
(c) "Researcher" means a person who conducts Delta research and
whose research is funded, in whole or in part, by the state,
including, but not limited to, by a research grant.
85285.5. It is the intent of the Legislature that a person
conducting Delta research has a responsibility, as a member of the
scientific community, to share results and findings with other
researchers for the public benefit.
85286. (a) Except as provided in coordinated guidelines adopted
pursuant to Section 85287, if any, a researcher shall do all of the
following:
(1) Implement a data management plan that specifies how the
researcher will share research data, metadata, and findings with
other researchers in a form that is machine readable.
(2) Provide the Delta Science Program with access to all primary
data created for conducting Delta research.
(3) Promptly prepare and submit for publication, with authorship
that accurately reflects the contributions of those involved, all
significant findings from Delta research.
(4) Permit and encourage the publication of Delta research by
those actually performing Delta research, unless a state funding
recipient intends to publish or disseminate those findings by itself.
(5) Share with other researchers, at no more than incremental cost
and within a reasonable time, the primary data, metadata, and other
supporting materials created or gathered in the course of conducting
Delta research.
(6) Encourage and facilitate the sharing of the primary data,
metadata, and other supporting materials created or gathered in the
course of conducting Delta research.
(7) Release privileged or confidential information only in a form
that protects the privacy of individuals and subjects involved.
(b) It is the intent of the Legislature that this section provide
the Delta Science Program, as described in Section 85280, with the
authority to request data when the Delta Science Program deems, at
its discretion, that data is relevant, but that this section not
create an obligation or duty upon the Delta Science Program to
request or manage data.
85287. (a) A state agency that funds or participates in Delta
research shall make it a condition of a Delta research grant that the
grantee implement a data management plan, as required by paragraph
(1) of subdivision (a) of Section 85286.
(b) (1) A state agency that funds or participates in Delta
research shall adopt policies and programs to disseminate and share
Delta research results, unless the agency determines that sufficient
funds are not available for that purpose.
(2) The requirements of this subdivision may be met by an
interagency group that includes, but need not be limited to, the
department, the State Water Resources Control Board, the Department
of Fish and Wildlife, the Delta Stewardship Council, and the
Sacramento-San Joaquin Delta Conservancy adopting coordinated
guidelines to provide consistent procedural and technical
requirements for Delta research, including, but not limited to,
standardized types of information, and adjustments to, and, where
essential, exceptions from, the requirements of this chapter, for the
purposes of safeguarding the rights of individuals and subjects, or
the validity of the results, or accommodating legitimate research
interests. Coordinated guidelines adopted pursuant to this paragraph
are not regulations for purposes of, and shall not be subject to,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(c) To the extent permitted by federal law, a state agency that
funds or participates in Delta research may accept any funds,
services, equipment, or grants to further the purpose of this
section.
85287.5. A researcher that does not substantially comply with the
requirements of Section 85286 within six months of completing the
Delta research project is not eligible for state funding until the
researcher complies with those requirements.