BILL ANALYSIS
AB 2656
Page 1
ASSEMBLY THIRD READING
AB 2656 (De Leon)
As Amended May 17, 2010
Majority vote
HIGHER EDUCATION 6-3 APPROPRIATIONS 11-5
-----------------------------------------------------------------
|Ayes:|Block, Chesbro, Fong, |Ayes:|Fuentes, Ammiano, |
| |Galgiani, Portantino, | |Bradford, Coto, Davis, |
| |Ruskin | |Hill, Hall, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Norby, Adams, Fuller |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby, |
-----------------------------------------------------------------
SUMMARY : Places requirements on academic research by employees
of postsecondary educational institutions conducted under
contract with the state. Specifically, this bill :
1)Requires research conducted under contract with the state, by
any administrator, faculty member, or staff member of a public
or private postsecondary educational institution, to be
subject to internal institutional policies regarding minimum
academic standards and protocols, as defined by the
institution.
2)Prohibits a state agency from entering into a research
contract with an institution without first verifying that the
institution and research employee are subject to internal
policies of the institution.
3)Requires a state agency or a researcher of an institution to
certify that research conducted pursuant to a contract with
the agency complies with the academic standards and protocols
of the institution.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor one-time costs ($15,000) for the Department of General
AB 2656
Page 2
Services to implement the certification policy.
2)Minor one-time costs for the University of California (UC) and
California State University (CSU) campuses to notify employees
of the contracting requirement and minor ongoing costs for
campuses to respond to requests from state agencies for
verification regarding research policies and procedures.
COMMENTS : 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 CSU, Sacramento, although the campus 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. The Legislative Analyst's Office
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."
Higher education research institutions have internal policies
governing research integrity. For example, UC's "University
Policy on Integrity in Research" reaffirms its 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.
AB 2656
Page 3
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0004340