BILL ANALYSIS Ó AB 501 Page 1 ASSEMBLY THIRD READING AB 501 (Levine) As Amended January 25, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Water |15-0 |Levine, Bigelow, | | | | |Dahle, Dodd, Beth | | | | |Gaines, Cristina | | | | |Garcia, Gomez, Gray, | | | | |Harper, Lopez, | | | | |Mathis, Medina, | | | | |Rendon, | | | | |Ridley-Thomas, | | | | |Williams | | | | | | | |----------------+-----+----------------------+--------------------| |Judiciary |10-0 |Mark Stone, Wagner, | | | | |Alejo, Chau, Chiu, | | | | |Gallagher, | | | | | | | | | | | | | | |Cristina Garcia, | | | | |Holden, Maienschein, | | | | |O'Donnell | | | | | | | AB 501 Page 2 |----------------+-----+----------------------+--------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Quirk, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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. Specifically, this bill: 1)Requires state-funded Delta research, as defined, to be provided to the Delta Science Program with access to all primary data created for conducting the research. 2)Requires significant findings from Delta research to be promptly prepared and submitted for publication, either by the state funded recipient or by others as permitted and encouraged by the recipient. 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, metadata, and other supporting materials created or gathered in the course of conducting Delta research. AB 501 Page 3 5)Prohibits the release of privileged or confidential information except in a form that protects the privacy of individuals and subjects involved. 6)Requires implementation of a management plan as to how a researcher will share research data and findings in a form that is machine readable. 7)States legislative intent that a Delta science researcher has a responsibility to share results and findings with other researchers for public benefit. Further states that it is the intent of the Legislature to provide the Delta Science Program with authority to request data when it deems that such data is relevant, but not to create an obligation or duty upon the Delta Science program to request or manage data. 8)Requires a state agency that funds or participates in Delta research to make it a condition of a Delta research grant that the grantee implement a data management plan. 9)Requires a state agency that funds or participates in Delta research to adopt policies and programs to disseminate and share Delta research results, unless the agency determines that sufficient funds are not available for that purpose. Authorizes these requirements to be met by an interagency group including, but not necessarily limited to, the Department of Water Resources, the State Water Resources Control Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Sacramento-San Joaquin Delta Conservancy, that adopts coordinated guidelines and standards for Delta research. Specifies that such guidelines are not regulations for purposes of the Administrative Procedures Act. AB 501 Page 4 10)Authorizes a state agency that funds or participates in Delta research to accept funds, services, equipment, or grants to further the purposes of this bill. 11)Makes a researcher that does not substantially comply with the requirements of this bill for data sharing within six months of completing a Delta research project ineligible for state funding until the researcher complies with the requirements. 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 decision making 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 or ecosystem management, a strong record of publishing peer-reviewed scientific research, and high-level management experience to oversee implementation of the Delta Science AB 501 Page 5 Program. FISCAL EFFECT: According to the Assembly Appropriations Committee, increased one-time contract and administrative costs for the Delta Stewardship Council to develop and implement guidelines to facilitate the sharing of Delta research. COMMENTS: This bill seeks to foster communication and transparency among Delta researchers and provide the Delta Science Program with open access to research data. California's laws for managing resources require that the best available scientific information is used to inform decision makers. Perhaps nowhere is this more important or more difficult than in 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 the 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 (Act) 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 decision making in the Delta. AB 501 Page 6 In February 2015 the Environmental Data Summit Organizing Committee, under the leadership of the Delta Science Program, released a draft white paper entitled Enhancing the Vision for Managing California's Environmental Information, which discussed the need for shareable 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. The author of this bill states in support 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 this bill 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. There is no registered opposition to this bill. Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0002595 AB 501 Page 7