BILL ANALYSIS Ó AB 501 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 501 (Levine) - As Amended April 22, 2015 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|15 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Judiciary | |10 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: SUMMARY: This bill requires a person conducting Delta research, and whose research is funded in whole or in part by state funds, to share findings, data, samples, collections, and other supporting material created and gathered in the course of the research. AB 501 Page 2 Additionally, this bill: 1)Requires a state agency that funds or participates in Delta research to implement appropriate policies to disseminate and share Delta research results, including by making it a condition of a grant that the grantee share research data, collections, and findings with other researchers. 2)Provides that a researcher who fails to comply with the sharing and dissemination requirements, as specified, is not eligible for state-funding until he or she complies. 3)Permits the Delta Independent Science Board (ISB) to adopt guidelines to provide adjustments to, or exemptions from, the requirements of this bill if necessary to safeguard the rights of individuals or the validity or integrity of research. FISCAL EFFECT: 1)One-time increased costs to the Delta Stewardship Council of up to $1 million to develop an online data submittal and retrieval system. Ongoing annual costs of up to $800,000 depending on how delta research is defined (GF or special fund). 2)Increased one-time costs in the range of $150,000 to $200,000 for the Delta Independent Science Board to adopt guidelines AB 501 Page 3 (GF or special fund). 3)Increased ongoing annual costs, likely of over $150,000 for ISB to provide adjustments and exemptions from the requirements of the bill (GF or special fund). The ISB is a part-time board with limited staff. This bill would significantly expand their duties. 4)Unknown, potentially significant, increased costs for state agencies, such as the Department of Water Resources, Department of Fish and Wildlife, and State Water Resources Control Board to comply with the requirements of the bill (GF or special). COMMENTS: 1)Rationale. In 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. This draft discusses the need for sharable data to help inform Delta policy and asserts 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. According to the author, by some estimates there are over 100 different state, federal, local, and non-governmental entities AB 501 Page 4 conducting scientific analyses in the Delta. This bill will foster communication and transparency among Delta researchers and provide the Delta Science Program with open access to research data. 2)Background. The Delta Stewardship Council is charged with achieving the state's "coequal goals" of providing a more reliable water supply for California and protecting, restoring, and enhancing the Sacramento-San Joaquin Delta ecosystem. In furtherance of these goals, the Delta Science Program seeks unbiased research to help lawmakers and state agencies develop scientifically-based water and environmental policies for the Delta. According to the Council's Web site, the science program has funded 40 research grants totaling more than $25 million. The Science Program considers funding scientific research to be a critical component in establishing unbiased and authoritative knowledge directly relevant to Bay-Delta actions. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 AB 501 Page 5