BILL ANALYSIS Ó
AB 501
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 501
(Levine) - As Introduced February 23, 2015
SUBJECT: Delta research: data sharing
SUMMARY: Requires that state-funded environmental research in
the San Francisco Bay/Sacramento-San Joaquin Delta Estuary
(Delta) be shareable and made available to the Delta Science
Program within two years of completion. Specifically, this
bill:
1)Requires state-funded Delta research, as defined, be provided
the Delta Science Program with access to all primary data
created for conducting the research.
2)Requires significant findings from Delta research be promptly
prepared and submitted for publication, either by the state
funded recipient or by others as permitted and encouraged by
the recipient.
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3)Specifies Delta research must be shared with other researchers
at no more than incremental cost and within a reasonable time.
4)Encourages the sharing of primary data, samples, collections,
and other supporting materials created or gathered in the
course of conducting Delta research.
5)Prohibits the release of privileged or confidential
information except in a form that protects the privacy of
individuals and subjects involved.
EXISTING LAW:
1)Establishes coequal goals for the Delta of providing a more
reliable water supply for California and protecting,
restoring, and enhancing the Delta ecosystem. States the
coequal goals shall be achieved in a manner that protects and
enhances the unique cultural, recreational, natural resource,
and agricultural values of the Delta as an evolving place.
2) Establishes a Delta Science Program with the mission of
providing the best possible scientific information to inform
water and environmental decisionmaking in the Delta.
3)Establishes a Delta Independent Science Board of nationally
and internationally prominent scientists to evaluate the broad
range of scientific programs that support Delta adaptive
management.
4)Requires the Delta Independent Science Board to choose a lead
scientist with an advanced degree in a field related to water
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or ecosystem management, a strong record of publishing
peer-reviewed scientific research, and high-level management
experience to oversee implementation of the Delta Science
Program.
FISCAL EFFECT: Unknown
COMMENTS: This bill would help foster communication and
transparency among Delta researchers and provide the Delta
Science Program with open access to research data.
Our laws for managing resources require that the best available
scientific information is used to inform decisionmakers. Perhaps
nowhere is this more important or more difficult than the Delta,
which is home to many historic communities, farms, and
businesses; the crossroads of
California's two largest surface water delivery projects, the
federal Central Valley Project
and State Water Project; and, together with the Suisun Marsh, a
vibrant
ecosystem that supports more than 55 fish species and more than
750 plant and wildlife
species.
The Delta Reform Act of 2009 created the Delta Stewardship
Council and tasked it with achieving the coequal goals for the
Delta of providing a more reliable water supply for California
and protecting, restoring, and enhancing the Delta ecosystem.
The Act requires the coequal goals to be achieved in a manner
that protects and enhances the unique cultural, recreational,
natural resource, and agricultural values of the Delta as an
evolving place. The Act also created the Delta Science Program
with the mission of providing the best possible scientific
information to inform water and environmental decisionmaking in
the Delta.
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February 2015 the Environmental Data Summit Organizing
Committee, under the leadership of the Delta Science Program,
released a draft white paper, Enhancing the Vision for Managing
California's Environmental Information, which discussed the need
for sharable data to help inform Delta policy. The paper states
that "shared and accessible data with a clear understanding of
the accuracy and content of the information is paramount to
minimizing lawsuits and conflicts, advancing nimble management
and deepening public engagement."
Supporting arguments. The author states that by some estimates
there are over 100 different state, federal, local, and
non-governmental entities conducting scientific analyses in the
Delta. The author intends for the sharing and transparency
requirements of this bill to increase collaborative and
integrated approaches to Delta science and to help ensure that
the best decisions are made to balance the Delta's needs. Other
supporters state that too often data sets are either not
accessible or are accessible only in limited formats. Those
supporters state that AB 501 takes a positive step forward to
make publicly-funded data accessible to the public and would
like to see the bill go farther and help ensure data
comparability, accessibility and usability.
REGISTERED SUPPORT / OPPOSITION:
AB 501
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Support
Metropolitan Water District of California (if amended)
Opposition
None on file
Analysis Prepared by:Tina Cannon Leahy / W., P., & W. / (916)
319-2096