§ 13989.6. — 13989.6. (Amended by Stats. 2018, Ch. 296, Sec. 3.)

(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 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, 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.

Legislative History

Amended by Stats. 2018, Ch. 296, Sec. 3. (AB 2192) Effective January 1, 2019.