104500-104545

HEALTH AND SAFETY CODE
SECTION 104500-104545




104500.  (a) (1) The Legislature finds that the efforts to reduce
smoking in California have led to a drop in the consumption of
tobacco. Although not on target to meet the goal of achieving a
75-percent reduction in tobacco consumption in California by the year
1999, the results are encouraging.
   (2) The Legislature further finds that as a result of the success
of the programs, the money received from the taxation of tobacco has
been dropping. The Legislature declares this a sign of success, not a
matter of concern.
   (3) The Legislature further notes that programs, organizations,
and individuals receiving money from the Cigarette and Tobacco
Products Surtax Fund are receiving money from a declining revenue
source. The Legislature finds that this success has led to an obvious
concern and fear among recipients that "their money" is shrinking
every year.
   (4) The Legislature finds that, assuming the success of the
antismoking efforts continue, there will be necessary reductions in
spending in the years to come.
   (5) The Legislature declares its intention to seek full analysis
of all programs receiving money under Proposition 99 and declares its
intention to critically evaluate how the money is being spent and
whether the spending is achieving the results desired.
   (6) The Legislature specifically rejects the notion that every
dollar of expenditure made by every program, organization, or
activity is of equal value. Instead, the Legislature declares its
intention to choose between competing programs and to allocate moneys
to those programs and activities that are most successful in meeting
the goals of the initiative.
   (b) It is the intent of the Legislature to provide for the
continuation of the Cigarette and Tobacco Products Surtax Research
Program to support research into tobacco-related disease. It is the
intent of the Legislature that this program be administered by the
University of California and that this program be administered
pursuant to the following principles:
   (1) The research program established should adhere to the
objectives stated in the provisions of the initiative act entitled
Cigarette and Tobacco Products Surtax regarding research: "The
Research Account . . . shall only be available for tobacco-related
disease research."
   (2) All research funds shall be awarded on the basis of scientific
merit as determined by an open, competitive peer review process that
assures objectivity, consistency, and high quality. All qualified
investigators, regardless of institutional affiliation, shall have
equal access and opportunity to compete for the funds in the Research
Account.
   (3) The peer review process for the selection of grants awarded
under this program shall be modeled on that used by the National
Institutes of Health in its grantmaking process.
   (4) Awardees shall be reimbursed for the full cost, both direct
and indirect, of conducting the sponsored research consistent with
federal guidelines governing all federal research grants and
contracts.
   (c) It is further the intent of the Legislature that on or before
December 31, 2010, and every five years thereafter, the University of
California transmit programmatic, as well as financial, reports to
the state, including a report on the grants made, pending grants,
program accomplishments, and the future direction of the program.




104505.  The Legislature hereby requests the University of
California to continue to administer a comprehensive grant program to
support research efforts related to the prevention, causes, and
treatment of tobacco-related diseases. It is the intent of the
Legislature that the program incorporate the principles and
organizational elements specified in this article, including, but not
limited to, a program office with a director and other necessary
staff, a scientific advisory committee, and research review panels.



104510.  For the purposes of this article:
   (a) "Grantee" means any qualifying public, private, or nonprofit
agency or individual including, but not limited to, colleges,
universities, hospitals, laboratories, research institutions, local
health departments, voluntary health agencies, health maintenance
organizations, and individuals conducting research in California.
   (b) "Indirect costs" includes such items as use allowance for
research facilities, heating, lighting, library services, health and
safety services, project administration, and building maintenance, as
defined by federal cost accounting guidelines for federally
sponsored research.
   (c) "Tobacco-related disease" includes, but is not limited to, the
following:
   (1) Coronary heart disease.
   (2) Cerebrovascular disease.
   (3) Cancer, including cancers of the lung, larynx, esophagus,
bladder, pancreas, and mouth. It is the intent of the Legislature
that the university further research the epidemiological link between
smoking and breast cancer and prostate cancer.
   (4) Chronic obstructive lung disease, including emphysema, chronic
bronchitis, asthma, and related lung disorders.
   (5) Other conditions or diseases that smoking or tobacco use has
been established to be a risk factor for excess disability and
illness.
   (d) "Tobacco-related disease research" includes, but is not
limited to, research in the fields of biomedical science, the social
and behavioral sciences, public policy, epidemiology, and public
health.
   (e) "Public policy research" means research that investigates and
evaluates various programs and strategies used by governmental,
private, and nonprofit organizations to control tobacco use.
   (f) "University" means the University of California.




104515.  It is the intent of the Legislature that the university
establish a scientific advisory committee to provide advice to the
president of the university as to the direction, scope, and progress
of the research program.
   (a) Responsibilities of the committee may include, but are not
limited to:
   (1) Provision of advice on program priorities and emphasis.
   (2) Provision of advice on overall program budget.
   (3) Participation in periodic program evaluation.
   (4) Assistance in developing guidelines to assure fairness,
neutrality, and adherence to the principles of merit and quality in
the conduct of the program.
   (5) Assistance in developing appropriate linkages to nonacademic
entities, including, but not limited to, voluntary organizations,
health care delivery institutions, industry, government agencies, and
public officials.
   (b) Responsibilities of the committee may additionally include:
   (1) Development of criteria and standards for grant awards.
   (2) Development of administrative procedures relative to the
solicitation, review, and award of grants to ensure an impartial,
high quality peer review system.
   (3) Development and supervision of research review panels.
   (4) Review of research review panel reports and recommendations
for grant awards.
   (5) Development and oversight of mechanisms for the dissemination
of research results.
   (c) It is the intent of the Legislature that the committee consist
of at least nine members representing a range of scientific
expertise and experience appointed by the president of the university
from nominations submitted by relevant organizations, as follows:
   (1) Three members from voluntary health organizations dedicated to
the reduction of tobacco use.
   (2) One member with expertise in the field of biomedical research.
   (3) One member with expertise in the field of behavioral or social
research.
   (4) One member from professional medical or health organizations.
   (5) One member from an independent research university in
California.
   (6) One member drawn from other institutions engaged in research
directed at tobacco-related diseases.
   (7) One member representing tobacco control for the department.
   (8) One member representing a community-based provider of health
education and prevention services.
   (d) Committee membership shall be drawn from the ranks of bona
fide scientists and individuals fully conversant with the norms of
scientific inquiry.
   (e) Members shall serve at the pleasure of the President of the
University of California. Membership may be staggered in such a way
as to maintain a full committee while ensuring a reasonable degree of
continuity of expertise and consistency of direction.
   (f) Members shall serve without compensation, but may receive
reimbursement for travel and other necessary expenses actually
incurred in the performance of their official duties.
   (g) The Legislature hereby declares that public policy research is
an area of compelling interest because of its potential to determine
the best methods for reducing tobacco use on a wide scale among
Californians. The scientific advisory committee shall give a high
priority to proposals for grant awards to fund public policy
research.


104520.  It is the intent of the Legislature that the university
utilize peer review panels modeled upon the National Institutes of
Health peer review process to review all research grants. The
membership of these panels shall vary depending on the subject matter
of proposals and review requirements, and shall draw on the most
qualified individuals from appropriate institutions within and
outside the State of California and from within and without the
University of California system. The work of the peer review panels
shall be administered pursuant to policies and procedures established
by the scientific advisory committee. In order to avoid conflicts of
interest and to ensure access to qualified reviewers, the university
may utilize reviewers not only from California but also from outside
the state. When serving on peer review panels, individuals who have
submitted grant applications for funding by this program shall be
governed by conflict-of-interest provisions consistent with the
National Institutes of Health Manual, Chapter 4510 (item h).




104525.  Research projects funded under this article may include,
but are not limited to:
   (a) Individual investigator-generated grants. These grants may be
awarded to an institution on behalf of a principal investigator for a
discrete project related to the investigator's interests and
competence.
   (b) New investigator grants. These grants may be awarded to an
institution to support the work of promising individuals in the
initial stages of their research careers.
   (c) Center grants. These grants may be awarded to institutions on
behalf of a principal investigator and a group of collaborating
investigators providing support for long-term multidisciplinary
programs of research and development.
   (d) Conference grants. These grants may be awarded for funding of
conferences in California to coordinate, exchange, and disseminate
information related to specific research efforts. These grants may
fund honoraria and travel expenses for invited participants from
outside California.



104530.  It is the intent of the Legislature that the university, as
lead agency, do all of the following:
   (a) Provide overall direction and coordination of the program.
   (b) Provide staff assistance to the advisory committee and review
panels.
   (c) Provide for periodic program evaluation, to assure that work
funded is consistent with program goals.
   (d) Maintain a system of financial reporting and accountability.
   (e) Provide for the systematic dissemination of research results
to the public and the health care community, and to provide for a
mechanism to disseminate the most current research findings in the
areas of smoking cessation and the prevention of tobacco use in order
that these findings may be applied to the implementation of the
Health Education Account.
   (f) Develop policies and procedures to facilitate the translation
of research results into commercial applications wherever
appropriate.
   (g) Undertake an outreach program to inform interested parties of
the availability of grants for public policy research in the area of
tobacco control.



104535.  It is the intent of the Legislature that projects funded
under this article be reimbursed for actual costs, including direct
costs and indirect costs incurred by a research institution
consistent with federal guidelines. Indirect cost rates shall not
exceed those allowable by the federal government for federally
sponsored research. With respect to those institutions that have not
negotiated a federal indirect cost reimbursement rate, the university
will request information to verify the indirect cost rates.



104540.  It is the intent of the Legislature that no more than 5
percent of the Research Account be used for the purposes of the
administration of this article.



104545.  No provision of this article shall apply to the University
of California unless the regents of the university, by resolution,
make that provision so applicable.