Amended in Senate September 4, 2015

Amended in Senate August 31, 2015

Amended in Senate August 17, 2015

Amended in Senate July 1, 2015

Amended in Assembly June 2, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 798


Introduced by Assembly Member Bonilla

February 26, 2015


An act to amend Section 69999.6 of, and to add and repeal Part 40.1 (commencing with Section 67420) of Division 5 of Title 3 of, the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 798, as amended, Bonilla. College Textbook Affordability Act of 2015.

(1) Existing law establishes the segments of the postsecondary education system in the state, including 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.

The bill would create the Open Educational Resources Adoption Incentivebegin delete Fund in the State Treasuryend deletebegin insert Programend insert to provide incentives and reward campus, staff, and faculty efforts to accelerate the adoption of open educational resources. The bill would require thatbegin insert specifiedend insert moneysbegin delete in the fundend deletebegin insert for the programend insert be used by campuses to create and support faculty and staff professional development, open educational resource curation activities, curriculum modification, or technology support for faculty, staff, and students, as specified. The bill would authorize the local academic senate of a campus of the California State University or the California Community Colleges tobegin delete (1)end deletebegin insert (A)end insert adopt a local campusbegin delete resolution, in collaboration with students and the administration, demonstrating its commitment toend deletebegin insert resolution toend insert increase student access to high-quality open educationalbegin delete resources,end deletebegin insert resources and reduce the cost of textbooks and supplies for students,end insert andbegin delete (2)end deletebegin insert (B)end insert upon adoption of the resolution, develop a specifiedbegin delete planend deletebegin insert plan, in collaboration with students and the administration,end insert that describes evidence of the campus’ commitment and readiness to spend grant money from the fund to support faculty adoption of open educational resources. The bill would require the California Open Education Resources Council to review and approve the plan, and, if it meets these and other specified requirements, would authorize thebegin delete respective segment office for the campusend deletebegin insert Chancellor of the California State Universityend insert to award an initial grant of up tobegin delete $10,000end deletebegin insert $end insertbegin insert50,000end insert to the campus from the fund.begin delete The bill would authorize a campus to submit a number plans for approval that would be determined in accordance with the number of students enrolled on the campus, except as provided.end delete The bill would require additional bonus grantsbegin delete of up to $10,000end delete to be distributed to participating campuses if certain benchmarks are met. The bill would cap the number ofbegin delete plansend deletebegin insert initial grantsend insert that may be approved by the California Open Education Resources Council each awardbegin delete year, as specified. The bill would require a grant recipient to report to the California Open Education Resources Council within 90 days after the end date for each year of each awarded grant as to whether its benchmarks have been reached to determine whether it is eligible for the bonus grants.end deletebegin insert year at 100.end insert The bill would require thebegin insert California Digital Open Source Library, also known as the California Open Online Library for Education, in consultation with theend insert Intersegmental Committee of Academicbegin delete Senatesend deletebegin insert Senates,end insert to report to the Legislature beforebegin delete Julyend deletebegin insert Septemberend insert 1 of each year, commencing in 2018, 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 onbegin delete Julyend deletebegin insert Septemberend insert 1, 2020, and would repeal them as of January 1, 2021.

(2) Existing law appropriates, from specified funds, $5,000,000 to the Chancellor of the California State University to fund, among other things, the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library. Existing law reverts any of this $5,000,000 that is not 100% matched by private funds to a specified trust.

This bill would specify thatbegin insert $end insertbegin insert3,000,000 ofend insert those fundsbegin delete may be used for purposes of the College Textbook Affordability Act of 2015, and would specify that funds appropriated for those purposes shall not be required to be matched by private funds.end deletebegin insert are reappropriated for allocation for the Open Educational Resources Adoption Incentive Program. Of the remaining $2,000,000, the bill would specify that up to $200,000 may be used for the California Open Online Library for Education and up to $27,000 may be used for stipends to members of the California Open Education Resources Council, as specified.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Part 40.1 (commencing with Section 67420) is
2added to Division 5 of Title 3 of the Education Code, to read:

3 

4PART 40.1.  College Textbook Affordability Act
5of 2015

6

 

7

67420.  

This part shall be known, and may be cited, as the
8College Textbook Affordability Act of 2015.

9

67421.  

begin insert(end insertbegin inserta)end insertbegin insertend insert The 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. This
14initiative shall use, in addition to any other appropriate resources,
15those identified, housed, produced, and otherwise found appropriate
16pursuant to the California Open Education Resources Council
P4    1established in Section 66409 and the California Digital Open
2Sourcebegin delete Libraryend deletebegin insert Library, also known as the California Open Online
3Library for Education,end insert
established in Section 66408.

begin insert

4(b) The Open Educational Resources Adoption Incentive
5Program is hereby established to carry out the purposes of this
6act. Unless context otherwise requires, “program” in this act
7means the Open Educational Resources Adoption Incentive
8Program.

end insert
9

67422.  

(a) begin deleteThe Open Educational Resources Adoption
10Incentive Fund is hereby created in the State Treasury to provide
11incentives and reward campus and faculty efforts to accelerate
12adoption of open educational resources for the purpose of reducing
13students’ costs and improving access to quality materials.end delete

14begin delete(b)end deletebegin deleteend delete(1) Moneysbegin delete in the fundend deletebegin insert appropriated in subdivision (f) of
15Section 69999.6 for the programend insert
shall bebegin delete used, upon appropriation
16by the Legislature,end delete
begin insert usedend insert by community college and California State
17University campuses tobegin delete create and support any, or some
18combination,end delete
begin insert further the purposes specified in subdivision (a) of
19Section 67421, including anyend insert
of the following purposes:

20(A) Faculty professional begin delete development about open educational
21 resources.end delete
begin insert development, which shall include learning about the
22California Open Online Library for Education established in
23Section 66408. Faculty who participate in this professional
24development shall be reimbursed in accordance with their campus’
25approved plan pursuant to paragraph (2) of subdivision (a) of
26Section 67424.end insert

27(B) Professional development for staff whose workbegin delete relates to
28the use of, or student access to,end delete
begin insert supports providing students withend insert
29 open educational resources.

30(C) Open educational resource curation activities.begin insert All new open
31educational resources developed and available that are adopted
32as course material pursuant to this program shall be added to the
33California Open Online Library for Education established in
34Section 66408.end insert

35(D) Curriculum modificationbegin delete for the adoption of open
36educational resources as course materials.end delete
begin insert and requisite release
37time for faculty in accordance with a campus’ approved plan
38pursuant to paragraph (2) of subdivision (a) of Section 67424
39related to the adoption of open educational resources as course
40materials.end insert

P5    1(E) Technology support for faculty, students, and staff whose
2workbegin delete relates to the use of, or student access to, open educational
3resources.end delete
begin insert furthers the goals specified in a campus’ approved planend insert
4begin insert pursuant to paragraph (2) of subdivision (a) of Section 67424.end insert

5(2) Moneysbegin delete in the fundend deletebegin insert appropriated in subdivision (f) of Section
669999.6 for the programend insert
shall not be used for direct compensation
7for faculty members who adopt open educationalbegin delete resourcesend delete
8begin insert resources, except as provided to compensate for professional
9development pursuant to subparagraph (A) of paragraph (1),end insert
or
10for purchasing new equipment.

begin delete

11(c)

end delete

12begin insert(end insertbegin insertb)end insert For the purposes of this act, a “community college campus”
13is a community college campus site that has a local academic
14senate.

begin delete
15

67423.  

(a) As used in this part, “fund” shall mean the Open
16Educational Resources Adoption Incentive Fund.

17(b) As

end delete
18begin insert

begin insert67423.end insert  

end insert

begin insertAsend insert used in this part, “open educational resources” are
19high-quality teaching, learning, and research resources that reside
20in the public domain or have been released under an intellectual
21property license, such as a Creative Commons license, that permits
22their free use and repurposing by others, and may include other
23resources that are legally available and free of cost to students.
24“Open educational resources” include, but are not limited to, full
25courses, course materials, modules, textbooks, faculty-created
26content, streaming videos, tests, software, and any other tools,
27materials, or techniques used to support access to knowledge.

28

67424.  

(a) begin deleteThe end deletebegin insertIn order to participate in the program, the end insert
29local academic senate of a campus of the California State
30University or the California Community Collegesbegin delete may adoptend deletebegin insert shall
31do both of the following:end insert

32begin insert(1)end insertbegin insertend insertbegin insertAdoptend insert a local campusbegin delete resolution, in collaboration with
33students and the administration, demonstrating its commitment toend delete

34begin insert resolution toend insert increase student access to high-quality open
35educationalbegin delete resources.end deletebegin insert resources and reduce the cost of textbooks
36and supplies for students in course sections for which open
37educational resources are to be adopted to accomplish cost savings
38for students.end insert

begin delete

39(b)Upon adoption of the local campus resolution, the campus
40may develop a plan

end delete

P6    1begin insert(2)end insertbegin insertApprove a plan, in collaboration with students and campus
2administration, end insert
that describes evidence of thebegin delete campus’end deletebegin insert faculty’send insert
3 commitment and readiness to effectivelybegin delete spendend deletebegin insert useend insert grantbegin delete money
4from the fundend delete
begin insert fundsend insert to support faculty adoption of open educational
5begin delete resources. The California Open Education Resources Council may
6provide a model plan to campuses.end delete
begin insert resources.end insert

begin delete

7(1) The creation of the plan shall be a collaboration between
8the campus academic senate and the recognized campus student
9body organization, if the recognized campus student body
10organization wants to be involved, with input solicited by the
11campus academic senate or the recognized campus student body
12organization from the local campus bookstore, including regarding
13open educational resources distribution, or campus centers and
14libraries supporting faculty professional development for the
15adoption of open educational resources. The

end delete
begin insert

16 (A) The plan may detail technological or staff support to
17increase the adoption of open educational resources. The plan
18shall describe how the faculty will learn about the California Open
19Online Library for Education and other existing open educational
20resources.

end insert
begin insert

21(B) The plan shall include the number of academic departments
22expected to be involved in the plan’s implementation, the number
23of course sections in which open educational resources will be
24adopted, the percentage of cost savings for students anticipated
25on account of the adoption of open educational resources for each
26of these course sections, the ways existing faculty development
27programs will be enhanced by the plan’s implementation, and the
28mechanisms that will be used to distribute adopted open
29educational resources to students.

end insert
begin insert

30(C) At their discretion, faculty may choose, for courses that are
31to adopt open educational resources under the plan, appropriate
32resources for any of the 50 strategically selected lower division
33courses identified by the California Open Education Resources
34Council pursuant to subparagraph (B) of paragraph (1) of
35subdivision (c) of Section 66409. Other open educational resources
36may also be used.

end insert
begin insert

37(D) The plan shall describe how the campus will provide access
38to open educational resource materials for students, including
39how the campus will make hard copies of these materials available
P7    1for students who lack access to these materials off campus and
2make it possible for students with such access to print hard copies.

end insert
begin insert

3(E) The plan will identify the amount of the grant requested.
4The amount of the grant requested shall be equal to, or less than,
5the number of course sections in which both open educational
6 resources will be adopted and cost savings for the course section
7will be greater than 30 percent, multiplied by one thousand dollars
8($1,000). The amount requested shall not be greater than fifty
9thousand dollars ($50,000). A plan shall commit to achieving
10greater than 30 percent cost savings in at least 10 course sections.

end insert
begin insert

11(F) (i) The plan shall include the percentage of cost savings
12for each course section calculated as follows:

end insert
begin insert

13(ii) The percentage of cost savings shall be the estimated
14decrease in the costs of books and supplies for a course section in
15the current term resulting from the adoption of open educational
16resources for that course section, divided by the costs of books
17and supplies for that course section in the immediately preceding
18academic term.

end insert

19begin insert(b)end insertbegin insertend insertbegin insertTheend insert California Open Education Resourcesbegin delete Council,
20established in Section 66409,end delete
begin insert Councilend insert may provide expertise on
21available open educational resources and best practices for the
22adoption of open educational resources for existing courses to
23assist in the development of the plan.

begin delete

24(2) The plan shall include continued access, as determined by
25the institution, to open educational resource materials selected by
26 faculty.

27(3) (A) Each plan shall include three benchmarks, focusing on
28reducing costs for students and increasing the adoption of
29high-quality open educational resources consisting of a year one
30goal, a year two goal, and a year three goal.

31(B) Each local campus shall determine its own benchmarks.

32(4) Each plan that demonstrates the following readiness
33requirements shall be given priority for approval in accordance
34with paragraph (2) of subdivision (c):

35(A) A plan with concrete benchmarks that demonstrate
36quantifiable outcomes to be achieved from its implementation,
37including, but not limited to, an estimate of the range of money to
38be saved per student from the plan’s implementation.

39 (B) A plan that utilizes available open educational resources,
40including, but not limited to, California Open Online Library for
P8    1Education (COOL4Ed) and Multimedia Educational Resource for
2Learning and Online Teaching (MERLOT).

3(C) A plan that provides an estimate of the number of academic
4departments expected to be involved in the plan’s implementation.

5(D) A plan that describes how existing faculty development
6programs will be enhanced by the plan’s implementation.

7(E) A plan that provides an assessment of the costs for students
8to purchase course materials, as may be determined by consulting
9with the California Open Education Resources Council.

end delete

10(c) (1)  begin delete(A) Each end delete begin insertThe end insertlocalbegin insert academic senate of aend insert campusbegin insert of the
11California State University or the California Community Collegesend insert

12 may submit the resolution and the plan developed pursuant to
13begin delete subdivisionsend deletebegin insert subdivisionend insert (a)begin delete and (b)end delete to the California Open
14Education Resources Councilbegin insert as its applicationend insert for an initial grant
15begin delete from the fund.end deletebegin insert no later than June 30, 2016.end insert

begin delete

16(B) Except as provided in subparagraph (C), each year, each
17campus may submit one plan for an initial grant, and may submit
18one additional plan for every additional 10,000 students, regardless
19of full-time or part-time status.

end delete
begin delete

20(C) A local campus that is currently receiving a grant or bonus
21grant pursuant to this part may submit no more than the maximum
22number of plans for an initial grant under subparagraph (B) minus
23the number of the campus’ plans that are currently receiving a
24grant or bonus grant.

end delete
begin delete

25(2) The California Open Education Resources Council shall
26review the submitted plan and, if it meets the requirements of this
27part, approve it.

end delete
begin delete

28(3) Plans shall be submitted and approved in one of two rounds.
29Plans submitted from October 2 to April 1, inclusive, of each
30academic year shall be reviewed as round one plans. Plans
31submitted from April 2 to October 1, inclusive, of a calendar year
32shall be reviewed as round two plans.

end delete
begin delete

33(4)

end delete

34begin insert(2)end insertbegin insert(A)end insertbegin insertend insert The California Open Education Resources Council
35shall begin delete approve up to 100 plans per year. A plan not approved in a
36round may be resubmitted by the campus for approval in future
37rounds, as determined by the California Open Education Resources
38Council. For a plan that is not approved, the council shall
39recommend modifications to increase the likelihood of the plan’s
40success if it is approved in a subsequent round.end delete
begin insert make an initial
P9    1grant to a campus within 60 days of the council’s receipt of the
2campus’ application if the campus has satisfied the requirements
3of subdivision (a). The California Open Education Resources
4Council may award up to 100 initial grants.end insert

begin insert

5(B) If the total amount requested in applications received
6pursuant to subparagraph (A) is equal to or less than two million
7dollars ($2,000,000), the California Open Education Resources
8Council shall make grants for each approved application equal
9to the amount requested in the application. If the total amount
10requested in applications received pursuant to subparagraph (A)
11exceeds two million dollars ($2,000,000), the California Open
12Education Resources Council shall make grants for the full amount
13requested in approved applications on a competitive basis based
14on the strength of the evidence provided of faculty commitment to
15the adoption of open educational resources.

end insert
begin delete

16(5)

end delete

17begin insert(end insertbegin insert3)end insert Eachbegin delete planend deletebegin insert applicationend insert approved by the California Open
18Education Resources Council shall be submitted by the council to
19the begin delete appropriate segment office.end delete begin insert Chancellor of the California State
20University no later than 30 days after the council approves the
21application.end insert
Thebegin delete segment officeend deletebegin insert chancellorend insert shall award grants to
22recipients in accordance with thisbegin delete section and in accordance with
23each system’s policies and procedures for approving and
24administering grants.end delete
begin insert section.end insert

begin delete

25(6)

end delete

26begin insert(4)end insert Administrative support may be provided to the council by
27begin delete COOL4Edend deletebegin insert the California Open Online Library for Educationend insert to
28help the council carry out its duties in accordance with this part.

begin delete

29(7) An initial grant shall not exceed ten thousand dollars

end delete
begin delete

30 ($10,000).

end delete
begin delete

31(d) (1) Each year after a campus receives an initial grant, for
32up to three years, the campus shall receive a bonus grant from the
33fund for meeting established performance benchmarks for
34accelerating usage of open educational resources in courses,
35according to the following schedule:

end delete
begin delete

36(A) A

end delete

37begin insert(end insertbegin insert5)end insertbegin insert(A)end insertbegin insertend insertbegin insertNo later than June 30, 2018, a end insertcampusbegin delete shall receiveend delete
38begin insert may apply forend insert a bonus grantbegin delete of up to ten thousand dollars ($10,000)
39for reaching its first benchmark in using open educational resources
40on campus and decreasing textbook costs for students in the first
P10   1year of implementation.end delete
begin insert equal to the amount of its initial grant.
2The application shall include evidence that the campus has met
3or exceeded total cost savings of greater than 30 percent for the
4required number of course sectionsend insert
begin insert specified in the approved plan
5for the campusend insert
begin insert’ initial grantend insertbegin insert in the 2017-18 academic year.end insert

begin delete

6(B) A campus shall receive a bonus grant of up to ten thousand
7dollars ($10,000) for reaching its second benchmark in using open
8educational resources on campus and decreasing textbook costs
9for students in the second year of implementation.

10(C) A campus shall receive a bonus grant of up to ten thousand
11dollars ($10,000) for reaching its third benchmark in using open
12educational resources on campus and decreasing textbook costs
13for students in the third year of implementation. For bonus grants
14issued for reaching the third benchmark, if applications exceed the
15amount of available grant funds, priority shall be given by the
16California Open Education Resources Council to plans submitted
17pursuant to subdivision (c) that achieve cost savings for students
18through collaborations with one or more campuses. These
19collaborations may form within a segment, or across different
20segments.

21(2) A plan that has not met a benchmark shall not be awarded
22any bonus grant and shall be deemed terminated, and that plan
23shall not count toward the maximum number of plans a campus
24may submit each year pursuant to subdivision (c).

25(3) If money is available in the Open Educational Resources
26Adoption Incentive Fund after the first bonus grants for reaching
27the third benchmark pursuant to subparagraph (C) of paragraph
28(1) are awarded, additional bonus grants shall be made available
29to recipients, as determined by the segment offices, in consultation
30with the California Open Education Resources Council, until there
31is no money left in the fund.

end delete
begin insert

32(B) (i) A campus may also compute the total cost savings for
33each course section and include that figure in its application for
34a bonus grant pursuant to subparagraph (A).

end insert
begin insert

35(ii) The total cost savings for each course section shall be the
36number of students enrolled in a course section multiplied by the
37per-student decrease in the costs of books and supplies for the
38course section in the term resulting from the adoption of open
39educational resources.

end insert
begin insert

P11   1(6) Bonus grants specified in paragraph (5) shall be used to
2further the goals of the campus’ approved plan for its initial grant.
3It is the intent of the Legislature that bonus grants support each
4campus’ adoption of open educational resources for at least double
5the number of course sections, and with at least 30 percent cost
6savings for each of these course sections, as accomplished by the
7campus’ approved plan for its initial grant.

end insert
begin delete

8(4) The bonus grants shall be used for any, or some combination,
9of the following purposes:

10 (A) Faculty professional development.

11(B) Professional development of staff whose work relates to the
12use of, or student access to, open educational resources.

13(C) Open educational resource curation activities.

14(D) Curriculum modification for the adoption of open
15educational resources as course materials.

16(E) Technology support for faculty, students, and staff whose
17work relates to the use of, or student access to, open educational
18resources.

19(e) A grant recipient shall report to the California Open
20Education Resources Council as to whether its benchmarks have
21been reached to determine whether it is eligible for bonus grants
22pursuant to paragraph (1) of subdivision (d). This report shall
23include an explanation of how the recipient used available open
24educational resources, including, but not limited to, COOL4Ed
25and MERLOT, to accomplish its goals pursuant to this part more
26efficiently. Campus reports on their projects are due to the
27California Open Educational Resources Council within 90 days
28after the end date for each year of each awarded grant.

end delete
begin insert

29(7) If the total amount requested in applications for bonus grants
30exceeds the total amount of funds available, the California Open
31Educational Resources Council shall award grants on a
32competitive basis to approved applications for the full amount of
33the initial grant based on the overall percentage savings achieved
34by the initial plan in the courses covered by the plan.

end insert
begin insert

35(8) It is the intent of the Legislature that initial and bonus grants
36provide the impetus for campuses to adopt, and continue to use,
37open educational resources as course materials.

end insert
begin delete

38(f)

end delete

39begin insert(end insertbegin insertd)end insert Thebegin insert California Open Online Library for Education, in
40consultation with theend insert
Intersegmental Committee of Academic
P12   1begin delete Senatesend deletebegin insert Senates,end insert shall report to thebegin delete Legislatureend deletebegin insert Legislature, in
2accordance with Section 9795 of the Government Code,end insert
before
3begin delete Julyend deletebegin insert Septemberend insert 1 each year, commencing in 2018, as to whether
4the grants are increasing the rate of adoption of open educational
5resources and decreasing textbook costs for college students.

begin delete

6(g) A local academic senate of a campus of the California State
7University or the California Community Colleges may commence
8its application by adopting a local campus resolution as of January
91, 2016, pursuant to subdivision (a). The California Open Education
10Resources Council shall be ready to review grant applications on
11or before March 1, 2016.

end delete
12

67425.  

This part shall become inoperative onbegin delete Julyend deletebegin insert Septemberend insert
13 1, 2020, and, as of January 1, 2021, is repealed, unless a later
14enacted statute, that becomes operative on or before January 1,
152021, deletes or extends the dates on which it becomes inoperative
16and is repealed.

17

SEC. 2.  

Section 69999.6 of the Education Code is amended to
18read:

19

69999.6.  

(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.

P13   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
9subdivision (a).

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
23occur.

24(f) (1) begin insert(A)end insertbegin insertend insert Of the funds transferred to the General Fund
25pursuant to 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
33Legislature,begin delete or for the funding of grants and administrative costs
34pursuant to the College Textbook Affordability Act of 2015 (Part
3540.1 (commencing with Section 67420) of Division 5). Theend delete

36begin insert provided that theend insert 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.

begin insert

P14   1(B) Effective January 1, 2016, three million dollars ($3,000,000)
2of the moneys appropriated pursuant to this paragraph are hereby
3reappropriated pursuant to paragraph (4).

end insert

4(2) begin delete(A)end deletebegin deleteend deletebegin deleteMoneys, end deletebegin insertExcept as specified in paragraph (3), moneys,end insertbegin insert end insert
5or a portion of moneys, appropriated pursuant to paragraph (1)
6shall not be encumbered unless at least 100 percent of that amount
7encumbered is matched by private funds. Moneys appropriated
8pursuant to paragraph (1) that are not matched by private funds
9shall revert to the Golden State Scholarshare Trust for purposes
10of the Governor’s Scholarship Programs.

begin delete

11(B) Notwithstanding subparagraph (A), moneys appropriated
12for purposes of the College Textbook Affordability Act of 2015
13shall not be required to be matched by private funds.

14(C) Twenty-five percent of each grant awarded to a campus
15pursuant to the College Textbook Affordability Act of 2015 shall
16be matched by the campus and used by the campus to ensure
17administrative and faculty support of the campus’ plan that was
18submitted and approved in accordance with Section 67424.

19(D) Money provided to a member of the California Open
20Education Resources Council for purposes of the council carrying
21out its duties in accordance with this part shall not exceed eight
22thousand dollars ($8,000) total per year and shall be provided as
23a stipend. No additional money shall be provided for travel
24purposes.

end delete
begin insert

25(3) Of the unencumbered amount appropriated pursuant to
26paragraph (1) as of June 30, 2015:

end insert
begin insert

27(A) Up to two hundred thousand dollars ($200,000) may be
28used for administration of the California Open Online Library for
29Education. These funds may be used by the California Open Online
30 Library for Education to continue developing and updating its
31services to provide faculty, staff, and students convenient access
32to open educational resources as course materials and to provide
33administrative support for the California Open Educational
34Resources Council. These funds may be used by the California
35Open Online Library for Education for purposes of the Open
36Educational Resources and Adoption Incentive Program until
37September 1, 2020.

end insert
begin insert

38(B) Up to twenty-seven thousand dollars ($27,000) may be used
39for stipends to members of the California Open Education
40Resources Council for these members to carry out their duties in
P15   1accordance with the Open Educational Resources Adoption
2Incentive Program.

end insert
begin insert

3(4) Of the funds transferred to the General Fund pursuant to
4paragraph (1) of subdivision (d) and appropriated pursuant to
5paragraph (1), three million dollars ($3,000,000) is hereby
6reappropriated to the Chancellor of the California State University,
7without regard to fiscal years, for allocation for the Open
8Educational Resources Adoption Incentive Program.

end insert

9(g) The board may adopt rules and regulations for the
10implementation of this article.



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