AB 798, as amended, Bonilla. College Textbook Affordability Act of 2015.
law establishes the segments of the postsecondary education system in the state, including
begin delete the University of California, administered by the Regents of the University of California,end delete the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges.
This bill would establish the College Textbook Affordability Act of 2015 to reduce costs for college students by encouraging faculty to accelerate the adoption of lower cost, high-quality open educational resources, as defined.
begin delete The bill would provide that funding for this act is to be provided in the annual Budget Act.end delete
The bill would create the Open Educational Resources Adoption Incentive Fund in the State Treasury to provide incentives and reward campus and faculty efforts to accelerate the adoption of open educational resources. The bill would require that moneys in the fund be used by campuses to create and support faculty professional development, open educational resource curation activities, or technology
begin delete the faculty,end delete as specified. The bill would authorize the local academic senate of a campus to adopt a local campus resolution, in collaboration with students and the administration, stating its intent to increase student access to high-quality open educational begin delete resources.end delete The bill would require the begin delete respective segment officeend delete to review and approve the resolution and an initial grant to a local campus from the begin delete fund for an unspecified amount for the purpose of establishing a plan and strategy, as specified.end delete The bill would require additional bonus grants of begin delete unspecified amountsend delete to be distributed to participating campuses if certain benchmarks are met. The bill would require a grant recipient to report to begin delete its respective segment officeend delete as to whether its benchmarks have been reached and it is eligible for the bonus grants. The bill would also require the begin delete Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of Californiaend delete to report to the Legislature before July 1 of each begin delete yearend delete as to whether the grants are increasing the rate of adoption of open educational resources and decreasing textbook costs for college students.
The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Part 40.1 (commencing with Section 67420) is
2added to Division 5 of Title 3 of the Education Code, to read:
This part shall be known, and may be cited, as the
8College Textbook Affordability Act of 2015.
begin delete(a)end delete begin delete end deleteThe College Textbook Affordability Act of 2015
10is hereby established to reduce costs for college students by
11encouraging faculty to accelerate the adoption of lower cost,
12high-quality, open educational resources. Faculty development
13shall be a key component of this acceleration initiative.
19(b) Funding for this act shall be provided in the annual Budget
(a) The Open Educational Resources Adoption
22Incentive Fund is hereby created in the State Treasury to provide
23incentives and reward campus and faculty efforts to accelerate
24adoption of open educational resources for the purpose of reducing
25students’ costs and improving access to quality materials.
26(b) Moneys in the fund shall be
begin delete usedend delete by community begin delete college,end delete California
begin delete University, and University of Californiaend delete campuses
29to create and support faculty professional development, open
30educational resource curation activities,
31 technology support for
begin delete the faculty,end delete or some
begin delete thereof.end delete Moneys in the fund shall not
2be used for direct compensation for faculty members who adopt
3open educational resources.
(a) As used in this part, “fund” shall mean the Open
8Educational Resources Adoption Incentive Fund.
9(b) As used in this part, “open educational resources”
begin delete meanend delete
10 high-quality teaching, learning, and research resources that reside
11in the public domain or have been released under an intellectual
12property license that permits their free use and repurposing by
begin delete others.end delete “Open educational resources”
begin delete includes, but isend delete not limited to, full courses, course
16materials, modules, textbooks, streaming
17videos, tests, software, and any other tools, materials, or techniques
18used to support access to knowledge.
(a) The local academic senate of a campus of the
begin delete University of California, theend delete California State begin delete University,end delete
21 or the California Community Colleges may adopt a local campus
22resolution, in collaboration with students and the administration,
23stating its intent to increase student access to high-quality open
25(b) Upon adoption of the local campus resolution,
begin delete the campus
26may submit the resolution to the respective segment office for an
27initial grant from the fund to establish a plan and strategy for
28accelerating adoption of high-quality open educational resources
29on its campus, and developing the accompanying professional
34(1) The creation of the plan
begin delete and strategyend delete shall be a collaboration
35between the campus academic senate and the recognized campus
begin delete organization.end delete
begin delete strategyend delete
shall include continued access to a hard
4copy of materials through the local campus bookstore and ensure access
6to materials offline for students.
7(3) (A) Each plan shall include three benchmarks, focusing on
8reducing costs for students and increasing the adoption of
9high-quality open educational resources consisting of a year one
10goal, a year two goal, and a year three goal.
11(B) Each local campus shall determine its own benchmarks.
12(C) Oversight of these benchmarks shall be provided when the
13grants are approved by the respective segment office.
begin delete respective segment officeend delete shall review
26 and, if
begin delete it meetsend deletethe requirements of this part, approve
begin delete the resolution, and the initial grant shall be administered by the
28designated segment office in collaboration with the campus
29president, provost, or chief academic officer and the recognized
30campus student body organization.end delete
31(1) The designated segment office for the California Community
32Colleges may be the Success Center for California Community
33Colleges or another appropriate office.
begin delete(2)end delete begin delete end delete begin deleteThe designated segment office for the California State
35University may be the Academic Technology Services or another
36appropriate office.end delete
begin deleteThe end deleteinitial grant shall begin delete be approved for not more than dollars
begin delete ($____).end delete
39(d) (1) Each year after a campus receives an initial grant, for
40up to three years, the campus shall receive a bonus grant from the
P6 1fund for meeting established performance benchmarks for
2accelerating usage of open educational resources in courses,
3according to the following schedule:
4(A) A campus shall receive a bonus grant of up to
begin delete ____end delete dollars begin delete ($____)end delete for reaching its first benchmark
6in using open educational resources on campus and decreasing
7textbook costs for students in the first year of implementation.
8(B) A campus shall receive a bonus grant of up to
begin delete ____end delete dollars begin delete ($____)end delete for reaching its second
10benchmark in using open educational resources on campus and
11decreasing textbook costs for students in the second year of
13(C) A campus shall receive a bonus grant of up to
begin delete ____end delete dollars begin delete ($____)end delete for reaching its third
15benchmark in using open educational resources on campus and
16decreasing textbook costs for students in the third year of
24(2) The bonus grants shall be used for faculty professional
25development, open educational resource curation activities,
26technology support for
begin delete the faculty,end delete or some combination begin delete thereof, administered by the
28local academic senate in collaboration with the campus president,
29provost, or chief academic officer and the recognized campus
30student body organization.end delete
31(e) A grant recipient shall report to
begin delete its respective segment officeend delete
32 as to whether
33its benchmarks have been reached and it is eligible for bonus grants
34 pursuant to paragraph (1) of subdivision (d).
begin delete Chancellor of the California Community Colleges, the shall report to the Legislature before July 1
40Chancellor of the California State University, and the President
P7 1of the University of Californiaend delete
begin delete yearend delete as to whether the grants are
4increasing the rate of adoption of open educational resources and
5decreasing textbook costs for college students.
This part shall become inoperative on July 1, 2020,
13and, as of January 1, 2021, is repealed, unless a later enacted
14statute, that becomes operative on or before January 1, 2021,
15deletes or extends the dates on which it becomes inoperative and
(a) In enacting this article, it is the intent of the
20Legislature to accomplish all of the following:
21(1) Provide explicit authority to the board to continue to
22administer accounts for, and make awards to, persons who qualified
23for awards under the provisions of the Governor’s Scholarship
24Programs as those provisions existed on January 1, 2003, prior to
25the repeal of former Article 20 (commencing with Section 69995).
26(2) Provide for the management and disbursement of funds
27previously set aside for the scholarship programs authorized by
28former Article 20 (commencing with Section 69995).
29(3) Provide a guarantee should additional funds
be needed to
30cover awards authorized and made pursuant to former Article 20
31(commencing with Section 69995).
32(b) The board may manage and disburse the funds previously
33set aside for the scholarship programs authorized by former Article
3420 (commencing with Section 69995).
35(c) If a person has earned an award under the Governor’s
36Scholarship Programs on or before January 1, 2003, but has not
37claimed the award on or before June 30, 2004, he or she still may
38claim the award by a date that is five years from the first June 30
39that fell after he or she took the qualifying test. An award shall not
40be made by the board after that date.
P8 1(d) The board shall negotiate with the current manager of the
2Governor’s Scholarship Programs and execute an amended or new
3management and funding agreement, before January 1, 2013, which
4shall include, but not be limited to, all of the following:
5(1) Terms providing for the return to the General Fund by no
6later than January 1, 2013, of moneys appropriated to the
7Governor’s Scholarship Programs that are not anticipated to be
8needed to make awards pursuant to paragraphs (1) and (2) of
10(2) Provisions that authorize the board to pay agreed-upon early
11withdrawal penalties or fees.
12(3) Terms that extend to the final date upon which the board
13may withdraw funds for a person who earned an award under the
14Governor’s Scholarship Programs.
15(e) (1) If funds retained in the Golden State Scholarshare Trust
16after January 1, 2013, are insufficient to cover the remaining
17withdrawal requests, it is the intent of the Legislature to appropriate
18the necessary funds to the Golden State Scholarshare Trust for the
19purpose of funding individual beneficiary accounts.
20(2) The board shall notify the Department of Finance and the
21Legislature no later than 10 working days after determining that
22a shortfall in available funding described in paragraph (1) will
24(f) (1) Of the funds transferred to the General Fund pursuant
25to paragraph (1) of subdivision (d), five million dollars
26($5,000,000) is hereby appropriated to the Chancellor of the
27California State University, without regard to fiscal years, to fund
28the establishment and administration of the California Open
29Education Resources Council and the California Digital Open
30Source Library, and the development or acquisition of open
31education resources, or any combination thereof, pursuant to
32legislation enacted in the 2011-12 Regular Session of the
begin delete provided that theend delete chancellor may provide reimbursement to the
37California Community Colleges and the University of California
38for costs those segments, or their representatives, incur in
39association with the activities described in this paragraph.
P9 1(2) Moneys, or a portion of moneys, appropriated pursuant
2to paragraph (1) shall not be encumbered unless at least 100 percent
3of that amount encumbered is matched by private funds. Moneys
4appropriated pursuant to paragraph (1) that are not matched by
5private funds shall revert to the Golden State Scholarshare Trust
6for purposes of the Governor’s Scholarship Programs.
10(g) The board may adopt rules and regulations for the
11implementation of this article.