BILL ANALYSIS Ó
AB 501
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ASSEMBLY THIRD READING
AB
501 (Levine)
As Amended January 25, 2016
Majority vote
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|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 | |
| | | | |
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|----------------+-----+----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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.
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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.
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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
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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.
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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
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