BILL ANALYSIS �
SB 836
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Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
SB 836 (Corbett) - As Amended: May 27, 2014
SENATE VOTE : 37-0
SUBJECT : Brain research: Cal-BRAIN program.
SUMMARY : Establishes the California Blueprint for Research to
Advance Innovations in Neuroscience Act of 2014 (Cal-BRAIN) and
requests the University of California (UC) Regents to establish
the Cal-BRAIN program. Specifically, this bill :
1)Finds and declares that California is poised to be a world
leader in brain research given the prominent role of
scientists and industry leaders throughout the state; the
federal BRAIN Initiative has the potential to be a major
driver of new industries and jobs in biotechnology, artificial
intelligence, and information technologies, as well as a
catalyst for major breakthroughs in brain-related diseases,
injuries, and illnesses; and, given California's assets and
capacity for collaboration, entrepreneurship, and innovation,
a state investment to expand and accelerate this research in
the state and to promote the translation of breakthroughs into
the marketplace is an important investment in the intellectual
infrastructure for California's economic future.
2)Requests the UC Regents to establish the Cal-BRAIN program to
leverage research assets and the federal BRAIN Initiative's
funding opportunities to accelerate the development of brain
mapping techniques, including the development of new
technologies, which will create new, high-paying jobs in
California while advancing patient care and improving lives,
in order to achieve outlined goals.
3)UC is requested to convene stakeholders from public and
private research institutions, national laboratories,
biotechnology and high technology companies, and venture
capital firms to develop the governing structure for the
Cal-BRAIN program.
4)Requires the Cal-BRAIN governing structure to be designed to
adopt a research plan that identifies milestones for achieving
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goals; establish competitive, merit-based opportunities for
interested public and private California research institutions
and national laboratories to apply for funding; maintain
flexibility to adjust priorities and focus based upon
knowledge gained from scientific discoveries; establish a
technology transfer program; and, solicit contributions with a
goal of achieving a nonstate funding match that meets or
exceeds the financial investment by the state.
5)Requests the UC Regents provide information about the
Cal-BRAIN program through an Internet Web site, including a
brief description of funded projects and activities.
6)Provides that the Act is implemented only to the extent that
adequate funding for its purposes, as determined by the UC
Regents, is appropriated to UC in the annual Budget Act or
other statute.
EXISTING LAW establishes UC as a public trust and confers upon
the Regents of UC the full powers of its organization and
government, subject only to legislative controls that may be
necessary to ensure the security of its funds and compliance
with the terms of its endowments.
FISCAL EFFECT : According to the Senate Appropriations
Committee, if UC chooses to implement, approximately $200
million from the General Fund over four years for the UC to
establish the Cal-BRAIN program. Substantial ongoing state
costs, potentially offset to an unknown degree by federal and
private funds.
COMMENTS : Double-referral . This bill was heard and approved
in the Assembly Health Committee on June 17, 2014.
Federal BRAIN Initiative . In April 2013, President Obama
announced the Brain Research through Advancing Innovative
Neurotechnologies (BRAIN) Initiative, within the National
Institutes of Health (NIH). The Initiative was launched with
approximately $100 million aimed to help researchers find new
ways to treat, cure, and prevent brain disorders, such as
Alzheimer's disease, epilepsy, and traumatic brain injury. NIH
has established a working group, which, in September 2013,
issued an interim report identifying high priority research
areas for 2014 grant funding. Longer-term scientific goals are
expected to be released later this year. In total, NIH plans to
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invest $40 million in Fiscal Year 2014 in research to support
the President's BRAIN Initiative.
Purpose of this bill . According to the Author, the Cal-BRAIN
program is designed to leverage California's assets and capacity
for collaboration, entrepreneurship and innovation, combined
with federal BRAIN Initiative funding, to help California
harness the economic potential of brain mapping techniques and
technologies to create jobs and industries of the future, while
improving lives. The author believes this bill is needed to give
legislative direction to the UC Regents about how the program
should be run, who should be eligible to participate, and what
it should accomplish. The author argues that the UC should use
the expertise of our world-renowned public and private research
institutions and private sector partners to advance cutting-edge
brain mapping research that can reveal the causes and lead to
treatments for brain injuries and disorders, such as
Alzheimer's, autism, multiple sclerosis, ALS, and mental
illness. It can also lead to advancements in artificial
intelligence, robotics, and information technologies, such as
computers and cellphones.
Constitutionally allowable legislative controls over UC . The
California Constitution (Section 9 of Article IX) establishes UC
as a public trust and confers the full powers of the UC upon the
UC Regents. The Constitution establishes that the UC is subject
to legislative control only to the degree necessary to ensure
the security of its funds and compliance with the terms of its
endowments. Judicial decisions have held that there are three
additional areas in which there may be limited legislative
intrusion into university operations: authority over the
appropriation of state moneys; exercise of the general police
power to provide for the public health, safety and welfare; and,
legislation on matters of general statewide concern not
involving internal university affairs. This bill requests, but
does not require, UC to establish the Cal-BRAIN program. UC has
not taken a position on this measure.
REGISTERED SUPPORT / OPPOSITION :
Support
Alzheimer's Association
Association of Regional Center Agencies
BayBIO
BIOCOM
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California Public Defenders Association
Golden West Chapter of the ALS Association
National Women's Political Caucus
Neurotechnology Industry Association
San Diego Brain Injury Foundation
UC Student Association
Several individuals
Opposition
None on file.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960