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HomeMy WebLinkAboutMINUTES - 05212013 - C.27RECOMMENDATION(S): ADOPT a position of "SUPPORT" for Assembly Bill 378, which would require that Delta research funded by the State be disseminated to the public; and Assembly Bill 763, which would allow the State to better control newly identified invasive aquatic plants within the Delta without seeking legislative authority, and AUTHORIZE the Chair of the Board of Supervisors to sign letters of support for these actions. FISCAL IMPACT: NONE from the recommended action. BACKGROUND: The Transportation, Water and Infrastructure (TWI) Committee on May 3, 2013, reviewed AB 378 and AB 763 and recommended the Board adopt a position of support for these two bills. AB 378 Hueso - DELTA RESEARCH The Delta Reform Act of 2009 establishes the Delta Independent Science Board. The Science Board is tasked with developing a scientific program relating to the management of the Delta. This bill would require a person conducting Delta research whose research is funded, in whole or in part by the State, share the research (e.g. the primary data, samples physical collections and other supporting material) that is created or gathered. This bill allows the Delta Independent Science Board to adopt guidelines and would require a State Agency that funds or participates in Delta research to implement policies to disseminate and share Delta research results. The APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/21/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ryan Hernandez, 674-7879 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 21, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 27 To:Board of Supervisors From:Transportation, Water and Infrastructure Committee Date:May 21, 2013 Contra Costa County Subject:Report on 2013 Water-Related State Legislation full text of AB 378 is attached. BACKGROUND: (CONT'D) AB 763 Buchanan - AQUATIC INVASIVE/PEST PLANTS: CONTROL and ERADICATION The Department of Boating and Waterways (DBW) is the lead agency of the State for controlling invasive plants such as water hyacinth, egeria densa and the South American Sponge Plant. This bill will allow DBW to avoid seeking future legislative authority every time a new invasive species is identified in the Delta. DBW has worked closely with Supervisor Piepho and this bill will enable DBW to be more effective. The full text of AB 763 is attached. The TWI Committee recommends support of these bills as they are consistent with the Board's Delta Platform. CONSEQUENCE OF NEGATIVE ACTION: The authors of the bills will not know the County supports these legislative efforts that are consistent with the Board's Delta Water Platform. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS AB 378 - Support Letter AB 763 - Support Letter AB 378 AB 763 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Candace K. Andersen, 2nd District Mary N. Piepho, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District May 21, 2013 The Honorable Ben Hueso State Capitol, Room 2054 Sacramento, CA 95814 Re: Assembly Bill 378 (Hueso) Resources: Delta Research --SUPPORT Dear Senator Hueso: On behalf of the Contra Costa County Board of Supervisors, I am writing to express our support for AB 378 regarding research conducted in the Delta. As you well know, the Sacramento-San Joaquin Delta Reform Act of 2009 establishes the Delta Stewardship Council, which is required to develop, adopt, and commence implementation of a comprehensive management plan for the Delta and also establishes the Delta Independent Science Board. The Science Board is tasked with developing a scientific program relating to the management of the Delta. This bill would require a person conducting Delta research whose research is funded, in whole or in part by the State, share the research (e.g. the primary data, samples physical collections and other supporting material) that is created or gathered. This bill allows the Delta Independent Science Board to adopt guidelines and would require a State Agency that funds or participates in Delta research to implement policies to disseminate and share Delta research results. The Board supports the dissemination of scientific research conducted in the Delta. Sincerely, FEDERAL D. GLOVER Chair, Contra Costa County Board of Supervisors cc: Members, Board of Supervisors Contra Costa County Legislative Delegation David Twa, County Administrator C. Christian, Nielsen Merksamer Ryan Hernandez, Contra Costa County Water Agency David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Candace K. Andersen, 2nd District Mary N. Piepho, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District May 21, 2013 The Honorable Joan Buchanan State Capitol P.O. Box 942849 Sacramento, CA 94249-0016 Re: Assembly Bill 763 (Buchanan) Aquatic Invasive/Pest Plants: Control and Eradication--SUPPORT Dear Assemblymember Buchanan: On behalf of the Contra Costa County Board of Supervisors, I am writing to express our support for AB 763 regarding the control of aquatic invasive species in the Delta. The Department of Boating and Waterways (DBW) is the lead agency of the State for controlling invasive plants such as water hyacinth, egeria densa and the South American Sponge Plant. This bill will allow DBW to avoid future legislative authority every time a new invasive species is identified in the Delta. DBW has worked closely with Supervisor Piepho and this bill will enable DBW to be more effective. This bill is consistent with our Delta Platform and therefore we support it. Sincerely, FEDERAL D. GLOVER Chair, Contra Costa County Board of Supervisors cc: Members, Board of Supervisors Contra Costa County Legislative Delegation David Twa, County Administrator C. Christian, Nielsen Merksamer Ryan Hernandez, Contra Costa County Water Agency David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County california legislature—2013–14 regular session ASSEMBLY BILL No. 378 Introduced by Assembly Member Hueso February 14, 2013 An act to add Chapter 6 (commencing with Section 85285) to Part 3 of Division 35 of the Water Code, relating to resources. legislative counsel’s digest AB 378, as introduced, Hueso. Resources: Delta research. Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, requires the Delta Stewardship Council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, meeting specified requirements. The act requires the Delta Independent Science Board to develop a scientific program relating to the management of the Delta. This bill would require a person conducting Delta research, as defined, whose research is funded, in whole or in part, by the state, to take specified actions with regard to the sharing of the primary data, samples, physical collections, and other supporting materials created or gathered in the course of that research. The bill would authorize the Delta Independent Science Board to adopt guidelines to provide adjustments to, and, where essential, exceptions from, these requirements and would exempt the adoption of these guidelines from the procedural requirements for the adoption of regulations. The bill would require a state agency that funds or participates in Delta research to implement policies to disseminate and share Delta research results, in a specified manner. The bill would make a researcher ineligible for state funding if the researcher does not provide the information required by the bill within 99 6 months of the date of the final publication or public dissemination of the research findings, until the researcher complies with the bill’s requirements. The bill would provide that all legal rights to tangible property collected or created during Delta research remain with the researcher, as determined by the policies of the organization providing the grant, contract, or other agreement, except as specified, but would require a researcher to make this tangible property appropriately available to other researchers. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Chapter 6 (commencing with Section 85285) is line 2 added to Part 3 of Division 35 of the Water Code, to read: line 3 line 4 Chapter 6. Dissemination and Sharing of State-Funded line 5 Delta Research Data line 6 line 7 85285. For purposes of this chapter, the following definitions line 8 shall apply: line 9 (a)  “Delta research” means scientific inquiry that meets one or line 10 both of the following conditions: line 11 (1)  The San Francisco Bay or the Sacramento-San Joaquin Delta line 12 is, in whole or in part, the locus of the research. line 13 (2)  The research addresses environmental factors relevant to line 14 this division, including, but not limited to, hydrodynamics, salinity, line 15 geomorphology, studies related to aquatic species, and water line 16 quality, including mercury contamination, in the Sacramento River, line 17 the San Joaquin River, or any tributary, including any line 18 impoundment on any tributary, of the Sacramento or San Joaquin line 19 Rivers. line 20 (b)  “Researcher” means a person who conducts Delta research line 21 and whose research is funded, in whole or in part, by the state, line 22 including, but not limited to, by a research grant. line 23 (c)  “Tangible property” means personal property other than line 24 equipment and intellectual property. line 25 85285.5. The Legislature finds and declares all of the following: 99 — 2 —AB 378 line 1 (a)  The state normally allows researchers to retain principal line 2 legal rights to intellectual property developed through state-funded line 3 research to provide incentives for development and dissemination line 4 of inventions, software, and publications that can enhance their line 5 usefulness, accessibility, and upkeep. line 6 (b)  These incentives do not, however, reduce the responsibility line 7 that investigators and organizations have, as members of the line 8 scientific and engineering community, to make results, data, and line 9 collections available to other researchers. line 10 (c)   Some state-funded Delta research supports the collection line 11 or creation of tangible property, such as insects, marine life, drilling line 12 core samples, and genetically altered microorganisms. line 13 85286. Except as provided in Section 85286.5, a researcher line 14 shall do all of the following: line 15 (a)  Provide the Delta Science Program with a copy of all primary line 16 data created for conducting Delta research. line 17 (b)  Promptly prepare and submit for publication, with authorship line 18 that accurately reflects the contributions of those involved, all line 19 significant findings from Delta research. line 20 (c)  Permit and encourage the publication of Delta research by line 21 those actually performing Delta research, unless a state funding line 22 recipient intends to publish or disseminate those findings by itself. line 23 (d)  Share with other researchers, at no more than incremental line 24 cost and within a reasonable time, the primary data, samples, line 25 physical collections, and other supporting materials created or line 26 gathered in the course of conducting Delta research. line 27 (e)  Encourage and facilitate the sharing of the primary data, line 28 samples, physical collections, and other supporting materials line 29 created or gathered in the course of conducting Delta research. line 30 (f)  Release privileged or confidential information only in a form line 31 that protects the privacy of individuals and subjects involved. line 32 85286.5. The Delta Independent Science Board established line 33 pursuant to Section 85280 may adopt guidelines to provide line 34 adjustments to, and, where essential, exceptions from, the line 35 requirements of this chapter, for the purposes of safeguarding the line 36 rights of individuals and subjects, or the validity of the results, and line 37 the integrity of collections, or accommodating legitimate research line 38 interests. The guidelines adopted pursuant to this section are not line 39 regulations for purposes of, and shall not be subject to, Chapter 99 AB 378— 3 — line 1 3.5 (commencing with Section 11340) of Part 1 of Division 3 of line 2 Title 2 of the Government Code. line 3 85287. A state agency that funds or participates in Delta line 4 research shall implement policies to disseminate and share Delta line 5 research results, in ways appropriate to field and circumstances, line 6 including through the proposal review process, conducting line 7 negotiations for, and imposing conditions upon, awards, providing line 8 appropriate support and incentives for data cleanup, documentation, line 9 dissemination, and storage, and by taking other similar actions. line 10 85287.5. A researcher that does not provide the information line 11 in the manner required by this chapter within six months of the line 12 date of the final publication or public dissemination of the findings line 13 of the Delta research results is not eligible for state funding until line 14 the researcher complies with this chapter. line 15 85288. (a)  All legal rights to tangible property collected or line 16 created during Delta research remain with the researcher, as line 17 determined by the policies of the organization providing the grant, line 18 contract, or other agreement specifying the rights and obligations line 19 of the researcher, except as otherwise provided in that grant, line 20 contract, or agreement. line 21 (b)  A researcher shall, as a member of the scientific and line 22 engineering community, make the tangible property specified in line 23 subdivision (a) appropriately available to other researchers. O 99 — 4 —AB 378