Chapter 2.5. State-funded Research of California Government Code >> Division 3. >> Title 2. >> Part 4.5. >> Chapter 2.5.
This act shall be known and may be cited as the California
Taxpayer Access to Publicly Funded Research Act.
For the purposes of this chapter the following definitions
shall apply:
(a) "Department" means the State Department of Public Health.
(b) "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.
(c) "Research grant" means a grant to a researcher that is
provided in whole or in part by the State Department of Public
Health.
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 health sciences research funded by the department 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.
(a) (1) A grantee that receives funding, in whole or in
part, in the form of a research grant from the department shall
provide for free public access to any publication of a
department-funded invention or department-funded technology, as
provided in this section.
(2) When the department 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 manuscripts fully comply
with this section.
(B) Grantees shall report to the department the final disposition
of the research grant, including, but not limited to, if it was
published, when it was published, where it was published, when the
12-month time period expires, and where the manuscript will be
available for open access.
(C) The department shall retain information regarding all issued
research grants that resulted in published works.
(b) For a manuscript that is accepted for publication in a
peer-reviewed journal, 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 department and on
an appropriate publicly accessible database approved by the
department, 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. 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 by ensuring that their manuscript is accessible on an
approved publicly accessible database, including notifying the
department that the manuscript is available on a department-approved
database. If the grantee is unable to ensure that their manuscript is
accessible on an approved publicly accessible database, the grantee
may comply by providing the manuscript to the department not later
than 12 months after the official date of publication.
(c) For publications other than those described in subdivision
(b), including meeting abstracts, the grantee shall comply by
providing the manuscript to the department 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.
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.