AB 609, as amended, Nestande. State-funded research.
Existing law authorizes the Department of General Services to carry out various powers and duties relating to assisting a state agency in the management and development of intellectual property developed by state employees or with state funding, including, among other duties, developing a database of state-owned intellectual property using specified data.
Existing law authorizes state agencies and departments to, upon request, share records and information related to intellectual property generated by state employees or with state funding with the department. Existing law also imposes certain restrictions on employees and former employees of the department with respect to divulging certain information provided by state agencies and departments regarding intellectual property.
This bill would enact, until January 1, 2020, the California Taxpayer Access to Publicly Funded Research Act. The bill would establish publication requirements for a grantee receiving funding, in whole or in part, in the form of a research grant from a state agency. The bill would require a state agency providing funding in the form of a research grant to include specified terms and conditions that are required to be adhered to as a condition of the grantee receiving the research grant. The bill would require the grantee to provide for public access to any publication of a state agency-funded invention or state agency-funded technology, as specified, including submitting an electronic version of the peer-reviewed manuscript to the state agency or to an appropriate publicly accessible database approved by the state agency to be made publicly available not later than 12 months after the official date of publication, except as specified. The bill would provide that this act does not apply to a grantee that receives funding from a state agency that has an existing publication requirement that meets or exceeds the requirements of this bill.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.5 (commencing with Section 13989)
2is added to Part 4.5 of Division 3 of Title 2 of the Government
3Code, to read:
4
This act shall be known and may be cited as the
8California Taxpayer Access to Publicly Funded Research Act.
For the purposes of this chapter the following
2definitions shall apply:
3(a) “Peer-reviewed manuscript” means a manuscript after it has
4been peer reviewed and in the form in which it has been accepted
5for publication in a scientific journal.
6(b) “State agency” has the same meaning as defined in Section
710295.1 of the Public Contract Code.
(a) The Legislature finds and declares all of the
9following:
10(1) The state is home to many of the world’s top research
11universities, national laboratories, and leading-edge
12high-technology companies that generate significant intellectual
13property.
14(2) It is in the interest of the state to ensure that the results of
15state-funded research are promptly developed and protected and
16to ensure free public Internet access to the results, where
17appropriate.
18(3) The expansion of innovation with the investment of taxpayer
19dollars in the form
of publicly funded grants could generate public
20benefit, including, but not limited to, reinvestment in research,
21
development of new innovations, and jobs created from these types
22of research.
23(b) It is the intent of the Legislature that any grantee who
24receives funding in the form of a research grant from a state agency
25abide by the publication requirements outlined in subdivisions (a)
26to (d), inclusive, of Section 100303 of Title 17 of the California
27Code of Regulations, as amended on March 21, 2013, and in effect
28on July 1, 2013.
(a) (1) Any grantee that receives funding, in whole
30or in part, in the form of a research grant from a state agency shall
31provide for free public access to any publication of a state
32agency-funded invention or state agency-funded technology, as
33provided in this section.
34(2) A state agency that provides funding, in whole or in part, in
35the form of a research grant shall include the following terms and
36conditions in the research grant that are required to be adhered to
37by the grantee as a condition of receiving the research grant:
38(A) Pursuant to subdivision (b), grantees may provide
data to
39the state agency to request that the 12-month time period be
40extendedbegin delete by upend delete to 18 months.
P4 1(B) Grantees are responsible for ensuring that any publishing
2or copyright agreements concerning submitted articles fully comply
3with this section.
4(C) Grantees shall report to the state agency the final disposition
5of the research grant, such as, but not limited to, if it was published,
6when it was published, where it was published,begin delete and,end delete when the
712-month time period that may be extended bybegin delete up toend delete 18 months
8pursuant to subdivision (b) expires, and where the manuscript
will
9be available for open access.
10(D) State agencies shall retain information regarding all issued
11research grants that resulted in published works.
12(b) For any manuscript that is accepted for publication in a
13peer-reviewed journal, pursuant to the terms and conditions of the
14grant, the grantee shall submit an electronic version of the
15peer-reviewed manuscript to the state agency or to an appropriate
16publicly accessible database approved by the state agency,
17including, but not limited to, the University of California’s
18eScholarship Repository at the California Digital Library, PubMed
19Central, or the California Digital Open Source Library, to be made
20publicly available not later than 12 months after the official date
21of publication. If the grantee provides data to the state
agency
22showing there is a more appropriate time period for that field of
23study, the grantee may request that the not later than 12-month
24time period be extendedbegin delete by upend delete to 18 months. Manuscripts submitted
25to the California Digital Open Source Library shall be exempt
26from the requirements in subdivision (b) of Section 66408 of the
27Education Code. The grantee shall make reasonable efforts to
28comply with this requirement through submission of the manuscript
29to an approved publicly accessible database, including notifying
30the state agency of submission. If the grantee is unable to submit
31the manuscript to an approved publicly accessible database, the
32grantee may comply by providing the manuscript to the state
33agency, not later than 12 months after the official date of
34publication. In lieu of the peer-reviewed manuscript, the
grantee
35may submit the final published article.
36(c) For publications other than those described in subdivision
37(b), including meeting abstracts, the grantee shall comply by
38providing the manuscript to the state agency not later than 12
39months after the official date of publication.
P5 1(d) (1) Grantees are responsible for ensuring that any publishing
2or copyright agreements concerning submitted articles fully comply
3with this section.
4(2) Nothing in this chapter shall be construed to authorize any
5use of a peer-reviewed manuscript that would constitute an
6infringement of copyright under the federal copyright law described
7in Section 101 of Title 17 of the United States Code and following.
8(e) Grantees are authorized to use grant money for publication
9costs, including fees charged by a publisher for color and page
10charges, or fees for digital distribution.
11(f) This chapter shall not apply to a grantee that receives funding
12from a state agency that has an existing publication requirement
13that meets or exceeds the requirements of this section, on or before
14the effective date of this chapter.
This chapter shall remain in effect only until January
161, 2020, and as of that date is repealed, unless a later enacted
17statute, that is enacted before January 1, 2020, deletes or extends
18that date.
O
92