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AB-2192 State-funded research: grant requirements.(2017-2018)

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Date Published: 06/22/2018 04:00 AM
AB2192:v95#DOCUMENT

Amended  IN  Senate  June 21, 2018
Amended  IN  Assembly  April 05, 2018
Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2192


Introduced by Assembly Member Mark Stone
(Principal coauthor: Assembly Member Obernolte)
(Principal coauthor: Senator Hill)

February 12, 2018


An act to amend Sections 13989.2, 13989.4, and 13989.6 of, and to repeal Section 13989.8 of, the Government Code, relating to state-funded research.


LEGISLATIVE COUNSEL'S DIGEST


AB 2192, as amended, Mark Stone. State-funded research: grant requirements.
The California Taxpayer Access to Publicly Funded Research Act, until January 1, 2020, establishes publication requirements for a grantee receiving funding from the State Department of Public Health. The act requires the department to include specified terms and conditions in a research grant, which are required to be adhered to by the grantee as a condition of receiving the grant. These conditions include a requirement that grantees report and make certain information available to the department or the public, as specified, about any published manuscript concerning their research not later than 12 months after publication. For a manuscript accepted for publication in a peer-reviewed journal, existing law requires the grantee to ensure that an electronic version of the peer-reviewed manuscript is available on an appropriate publicly accessible database approved by the department, including the California Digital Open Source Library.
This bill would expand the scope of the act to include research grants provided in whole or in part by any state agency within the executive branch, as specified. The bill would specify that the public availability requirements apply only to peer-reviewed manuscripts accepted for publication. The bill would require the grantee to ensure that the peer-reviewed manuscript is available to the state agency on an appropriate publicly accessible repository approved by that agency and would eliminate the references to the California Digital Open Source Library. The bill would also extend the operation of these provisions indefinitely.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13989.2 of the Government Code is amended to read:

13989.2.
 For the purposes of this chapter the following definitions shall apply:
(a) “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.
(b) “Research grant” means a grant to a researcher that is provided in whole or in part by a state agency.
(c) “State agency” has the same meaning as defined in Section 10295.1 of the Public Contract Code

SEC. 2.

 Section 13989.4 of the Government Code is amended to read:

13989.4.
 The Legislature finds and declares all of the following:
(a) 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.
(b) It is in the interest of the state to ensure that the results of scientific research funded by a state agency are promptly developed and protected and to ensure free public Internet access to the results, where appropriate.
(c) 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.

SEC. 3.

 Section 13989.6 of the Government Code is amended to read:

13989.6.
 (a) (1) A grantee that receives funding, in whole or in part, in the form of a research grant from a state agency shall provide for free public access to any publication of a peer-reviewed manuscript describing state-agency-funded knowledge, a state-agency-funded invention, or state-agency-funded technology, as provided in this section.
(2) When a state agency provides funding, in whole or in part, in the form of a research grant, the research grant shall include the following terms and conditions that are required to be adhered to by the grantee as a condition of receiving the research grant:
(A) Grantees are responsible for ensuring that any publishing or copyright agreements concerning submitted peer-reviewed manuscripts fully comply with this section.
(B) Grantees shall report to the state agency the final disposition of the research grant, peer-reviewed manuscript, including, but not limited to, if it was published, when it was published, where it was published, and, when the 12-month time period expires, where the peer-reviewed manuscript will be available for open access.
(C) The state agency shall retain information regarding all issued research grants that resulted in published works.
(b) For a peer-reviewed manuscript that is accepted for publication pursuant to the terms and conditions of the research grant, the grantee shall ensure that an electronic version of the peer-reviewed manuscript is available to the state agency and on an appropriate publicly accessible repository approved by the state agency, including, but not limited to, the University of California’s eScholarship Repository at the California Digital Library Library, the California State University’s ScholarWorks at the Systemwide Digital Library, or PubMed Central, to be made publicly available not later than 12 months after the official date of publication. The grantee shall make reasonable efforts to comply with this requirement by ensuring that his or her peer-reviewed manuscript is accessible on an approved publicly accessible repository, including notifying the state agency that the manuscript is available on a state-agency-approved repository. If the grantee is unable to ensure that his or her manuscript is accessible on an approved, publicly accessible repository, the grantee may comply by providing the manuscript to the state agency not later than 12 months after the official date of publication.
(c) For publications other than those described in subdivision (b), including scientific meeting abstracts, the grantee shall comply by providing the manuscript to the state agency not later than 12 months after the official date of publication.
(d) (1) Grantees are responsible for ensuring that publishing or copyright agreements concerning submitted articles fully comply with this section.
(2) Nothing in this chapter shall be construed to authorize 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 for which there is an existing publication requirement that meets or exceeds the requirements of this section, on or before the effective date of this chapter.
(g) This chapter shall not apply to research grants issued prior to January 1, 2015, for the State Department of Public Health, or to research grants issued prior to January 1, 2019, for any other state agency.

SEC. 4.

 Section 13989.8 of the Government Code is repealed.