Amended in Senate June 11, 2014

Amended in Senate June 4, 2014

Amended in Senate June 2, 2014

Amended in Senate June 18, 2013

Amended in Assembly May 28, 2013

Amended in Assembly May 9, 2013

Amended in Assembly April 23, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 609

Introduced by Assembly Members Nestande and Gatto

(Coauthors: Assembly Members Beth Gaines, Maienschein, Olsen, and Skinner)

(Coauthor: Senator Hill)

February 20, 2013

An act to add and repeal Chapter 2.5 (commencing with Section 13989) of Part 4.5 of Division 3 of Title 2 of the Government Code, relating to begin delete state government end delete begin insert public health end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 609, as amended, Nestande. State-funded begin delete research end delete begin insert research: State Department of Public Health end insert begin insert . end insert

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.

begin insert

Existing law requires the State Department of Public Health to issue research grants for various purposes, including cancer research, vaccines, and spinal cord injuries.

end insert

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 begin delete a state agency end delete begin insert the State Department of Public Health end insert . The bill would require begin delete a state agency providing funding in the form of a research grant end delete begin insert the department end insert to include specified terms and conditions begin insert in a research grant end insert 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 begin delete state agency-funded end delete begin insert department-funded end insert invention or begin delete state agency-funded end delete begin insert department-funded end insert technology, as specified, including begin delete submitting an end delete begin insert ensuring that end insert electronic version of the peer-reviewed manuscript begin insert is available end insert to the begin delete state agency or to end delete begin insert department on end insert an appropriate publicly accessible database approved by the begin delete state agency end delete begin insert department, end insert to be made publicly available not later than 12 months after the official date of begin delete publication, except as specified end delete begin insert publication end insert . The bill would provide that this act does not apply to a grantee that receives funding from begin delete a state agency that has end delete begin insert the department if there is end insert an existing publication requirement that meets or exceeds the requirements of this bill begin insert and that the provisions do not apply to research grants issued prior to January 1, 2015 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:

SECTION 1.  

Chapter 2.5 (commencing with Section 13989)
is added to Part 4.5 of Division 3 of Title 2 of the Government
Code, to read:

 

Chapter  2.5. State-Funded Research

 

13989.  

This act shall be known and may be cited as the
California Taxpayer Access to Publicly Funded Research Act.

13989.2.  

For the purposes of this chapter the following
definitions shall apply:

begin insert

(a) “Department” means the State Department of Public Health.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “Peer-reviewed manuscript” means a manuscript after it has
been peer reviewed and in the form in which it has been accepted
for publication in a scientific journal.

begin delete

(b) “State agency” has the same meaning as defined in Section
10295.1 of the Public Contract Code.

end delete begin insert

(c) “Research grant” means a grant to a researcher that is
provided in whole or in part by the State Department of Public
Health.

end insert

13989.4.  

begin delete (a) end delete begin delete   end delete The Legislature finds and declares all of the
following:

begin delete

(1) 

end delete

begin insert (a) end insert begin insert   end insert The state is home to many of the world’s top research
universities, national laboratories, and leading-edge
high-technology companies that generate significant intellectual
property.

begin delete

(2) 

end delete

begin insert (b) end insert begin insert   end insert It is in the interest of the state to ensure that the results of
begin delete state-funded end delete begin insert health sciences end insert research begin insert funded by the department end insert
are promptly developed and protected and to ensure free public
Internet access to the results, where appropriate.

begin delete

(3)

end delete

begin insert (c) end insert  The expansion of innovation with the investment of taxpayer
dollars in the form of publicly funded grants could generate public
benefit, including, but not limited to, reinvestment in research,
development of new innovations, and jobs created from these types
of research.

begin delete

(b) It is the intent of the Legislature that any grantee who
receives funding in the form of a research grant from a state agency
abide by the publication requirements outlined in subdivisions (a)
to (d), inclusive, of Section 100303 of Title 17 of the California
Code of Regulations, as amended on March 21, 2013, and in effect
on July 1, 2013.

end delete

13989.6.  

(a) (1)  begin delete Any end delete begin insert A end insert grantee that receives funding, in whole
or in part, in the form of a research grant from begin delete a state agency end delete begin insert the
department end insert shall provide for free public access to any publication
of a begin delete state agency-funded end delete begin insert department-funded end insert invention or begin delete state
agency-funded end delete begin insert department-funded end insert technology, as provided in this
section.

(2)  begin delete A state agency that end delete begin insert When the department end insert provides funding,
in whole or in part, in the form of a research grant begin insert , the research
grant end insert shall include the following terms and conditions begin delete in the
research grant end delete that are required to be adhered to by the grantee as
a condition of receiving the research grant:

begin delete

(A) Pursuant to subdivision (b), grantees may provide data to
the state agency to request that the 12-month time period be
extended to 18 months.

end delete begin delete

(B)

end delete

begin insert (A) end insert  Grantees are responsible for ensuring that any publishing
or copyright agreements concerning submitted begin delete articles end delete begin insert manuscripts end insert
fully comply with this section.

begin delete

(C)

end delete

begin insert (B) end insert  Grantees shall report to the begin delete state agency end delete begin insert department end insert the
final disposition of the research grant, begin delete such as, end delete begin insert including, end insert but not
limited to, if it was published, when it was published, where it was
published, when the 12-month time period begin delete that may be extended
by 18 months pursuant to subdivision (b) end delete expires, and where the
manuscript will be available for open access.

begin delete

(D) State agencies

end delete

begin insert (C) end insert begin insert   end insert begin insert The department end insert shall retain information regarding all issued
research grants that resulted in published works.

(b) For begin delete any end delete begin insert a end insert manuscript that is accepted for publication in a
peer-reviewed journal, pursuant to the terms and conditions of the
begin insert research end insert grant, the grantee shall begin delete submit end delete begin insert ensure that end insert an electronic
version of the peer-reviewed manuscript begin insert is available end insert to the begin delete state
agency or to end delete begin insert department and on end insert an appropriate publicly accessible
database approved by the begin delete state agency, end delete begin insert department, end insert including, but
not limited to, the University of California’s eScholarship
Repository at the California Digital Library, PubMed Central, or
the California Digital Open Source Library, to be made publicly
available not later than 12 months after the official date of
publication. begin delete If the grantee provides data to the state agency showing
there is a more appropriate time period for that field of study, the
grantee may request that the not later than 12-month time period
be extended to 18 months. end delete Manuscripts submitted to the California
Digital Open Source Library shall be exempt from the requirements
in subdivision (b) of Section 66408 of the Education Code. The
grantee shall make reasonable efforts to comply with this
requirement begin delete through submission of the manuscript to an end delete begin insert by
ensuring that their manuscript is accessible on an end insert approved
publicly accessible database, including notifying the begin delete state agency
of submission end delete begin insert department that the manuscript is available on a
department-approved database end insert . If the grantee is unable to begin delete submit
the end delete begin insert ensure that their end insert manuscript begin delete to end delete begin insert is accessible on end insert an approved
publicly accessible database, the grantee may comply by providing
the manuscript to the begin delete state agency, end delete begin insert department end insert not later than 12
months after the official date of publication. begin delete In lieu of the
peer-reviewed manuscript, the grantee may submit the final
published article. end delete

(c) For publications other than those described in subdivision
(b), including meeting abstracts, the grantee shall comply by
providing the manuscript to the begin delete state agency end delete begin insert department end insert not later
than 12 months after the official date of publication.

(d) (1) Grantees are responsible for ensuring that begin delete any end delete publishing
or copyright agreements concerning submitted articles fully comply
with this section.

(2) Nothing in this chapter shall be construed to authorize begin delete any end delete
use of a peer-reviewed manuscript that would constitute an
infringement of copyright under the federal copyright law described
in Section 101 of Title 17 of the United States Code and following.

(e) Grantees are authorized to use grant money for publication
costs, including fees charged by a publisher for color and page
charges, or fees for digital distribution.

(f) This chapter shall not apply to a grantee that receives funding
begin delete from a state agency that has end delete begin insert for which there is end insert an existing
publication requirement that meets or exceeds the requirements
of this section, on or before the effective date of this chapter.

begin insert

(g) This chapter shall not apply to research grants issued prior
to January 1, 2015.

end insert

13989.8.  

This chapter shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.