BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2471
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 2471 (Lara) - As Amended:  May 8, 2012 

          Policy Committee:                              Higher 
          EducationVote:7-1

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This requires e-textbooks used in courses at the state's 
          postsecondary institutions to include specified consumer 
          protections, and requires the institutions to adopt rules 
          consistent with these requirements. Specifically, this bill:

             1)   Requires an e-textbook assigned as required or 
               recommended reading in a course comply with the following:

             a)   Requires that the publisher allow full refund for a 
               purchased e-textbook up to 14 days from the date of 
               purchase.

             b)   Requires that the publisher provide the consumer 
               explicit digital rights management, including all of the 
               following:

               i)     Percentages of the e-textbook that can be printed, 
                 be copied and pasted, and exported outside of the 
                 electronic reading environment.

               ii)    The durability of any notes or highlights the 
                 consumer creates.

               iii)   The duration of time that the consumer can access 
                 the e-textbook.

             2)   Requires the Trustees of the California State University 
               (CSU) and the governing board of every community college 
               district, and urges the Regents of the University of 
               California (UC) and the governing body of each private 








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               postsecondary institution offering baccalaureate degrees to 
               develop and adopt rules, regulations, and procedures 
               mandating that e-textbooks comply with all of the above 
               requirements.

           FISCAL EFFECT  

           1)UC  would initially need a one-quarter to one-half time 
            position at each campus to ensure faculty selection of 
            e-textbooks is in compliance with the adopted rules, thus 
            statewide costs would be in the range of $250,000 to $500,000 
            annually. Over time these costs would likely diminish as 
            publishers and faculty adjust to the requirements.

           2)CSU  . Assuming similar impacts as the lower range of UC costs, 
            CSU would incur ongoing costs of $575,000 initially, likely 
            diminishing over time. 

           3)CCC  . Districts would incur one-time reimbursable 
            administrative costs associated with drafting the required 
            rules for consideration and adoption by the governing board. 
            Assuming an average of $5,000 for each of the 72 districts, 
            the statewide General Fund (Prop 98) cost would be $360,000. 
            Assuming ongoing costs to ensure compliance averaging $10,000 
            per district, statewide reimbursable costs would be $720,000 
            initially.

          The above estimates assumes the bill's requirements apply only 
          to e-textbooks selected after adoption of rules by the governing 
          boards, which staff understands is consistent with the author's 
          intent. The community colleges, for example, identified 
          significantly higher costs if non-compliant e-textbooks already 
          in use had to be replaced upon adoption of the rules.

           COMMENTS  

           Purpose  . According to the author, a considerable and increasing 
          cost to students seeking higher education is textbooks. 
          California has taken several steps to address the rising costs 
          of textbooks, including, most recently, mandating that textbooks 
          be available by January 1, 2020 in electronic format. Electronic 
          textbooks have the potential to increase convenience and reduce 
          costs for students. However, students have encountered several 
          problems with online materials, including unclear refund 
          policies and disclosure of the terms of use. According to the 








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          author, this bill would ensure uniformity of practices among 
          publishers of electronic textbooks. The author argues that the 
          current lack of uniform practices often denies students 
          information and options they need to enable them to make fully 
          informed decisions regarding what can be an enormous portion of 
          their limited budgets.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081