BILL ANALYSIS
AB 2656
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Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 2656 (De Leon) - As Amended: April 8, 2010
AS PROPOSED TO BE AMENDED
SUBJECT : Postsecondary education: contracts for academic
research.
SUMMARY : Requires any research conducted at a public or
private postsecondary educational institution be subject to
internal institutional policies to ensure that the research
meets minimum standards and protocols. Specifically, this bill :
1)Requires research conducted by any administrator, faculty
member, or staff member of a public or private postsecondary
educational institution be subject to internal institutional
policies to ensure that the research meets minimum academic
standards and protocols, as defined by the university employer
or Faculty Senate.
2)Prohibits a state agency from entering into a contract with a
public or private postsecondary educational institution for
academic research without first verifying that the contracting
institution, and the administrator, faculty member, or staff
member conducting the research, have complied with internal
policies of the institution and requires that the researcher
certify that the research complies with the academic standards
and protocols adopted by the university or its Faculty Senate.
EXISTING LAW : The State Contract Act contains provisions that
generally regulate the process through which state agencies
enter into contracts for goods and services.
FISCAL EFFECT : Unknown
COMMENTS : Varshney/Tootelian reports : Two recent studies
relating to California's regulatory environment and AB 32
(N??ez), the Global Warming Solutions Act of 2006 (Chapter 488,
Statutes of 2006) have resulted in controversy and confusion
about the effects of state regulation on small businesses. Both
studies were conducted by Professors Sanjay Varshney and David
Tootelian, who are faculty at California State University,
AB 2656
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Sacramento (CSUS), although CSUS was not part of the contract.
The first study-Cost of State Regulations on California Small
Businesses Study (September 2009)-concluded that California's
regulations of all types resulted in reduction in the gross
state product of $493 billion annually in lost output and
$134,000 annually per small business. This study was
commissioned by AB 2330 (Arambula), Chapter 232, Statutes of
2006. The second study-Cost of AB 32 on California Small
Businesses-Summary Report of Findings (June 2009)-concluded that
AB 32 will cost California's small businesses $183 billion in
lost output each year. In response to an inquiry by the author,
the Legislative Analyst's Office (LAO) dismissed as "highly
unreliable" the researchers' claim that California's global
warming law would wipe out 1 million jobs and $493 million in
economic output and labeled the second study "essentially
useless."
Purpose of this bill : According to the author, "There are no
minimum academic standards such as peer-review prior to
releasing research made by university faculty or staff. Due to
no such requirements, faculty and staff from universities can
produce reports that are so deeply flawed that render their
findings essentially useless."
Existing institutional policies/peer review : Higher education
research institutions have internal policies governing research
integrity. For example, the University of California's (UC)
"University Policy on Integrity in Research" (APM 190 - Appendix
B) reaffirms the University's commitment to integrity in
research. This policy also notes that various UC policies set
forth expectations for high standards of ethical behavior for
faculty and students involved in research and provide procedures
for addressing allegations of misconduct in research, such as
the
bylaws of the Academic Senate, the Faculty Code of Conduct, and
the University Policy on Faculty Conduct and the Administration
of Discipline.
Previous legislation : AB 20 (Solorio), Chapter 402, Statutes of
2009, requested UC and required the Department of General
Services to establish standard contract provisions for research
contracts between UC and the state.
REGISTERED SUPPORT / OPPOSITION :
AB 2656
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Support
None on file.
Opposition
None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960