Amended IN Assembly April 10, 2025 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1103Introduced by Assembly Member WardFebruary 20, 2025 An act to amend Section 11126 of the Government Code, and to amend Sections 11213, 11480, and 11481 of, and to add Sections 11480.1 and 11480.3 to, the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1103, as amended, Ward. Controlled substances: research.Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I and or Schedule II controlled substances to human and animal research subjects. The bill would require the panel to prioritize and expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign one 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval of a research project only under specified circumstances and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.This bill would extend the authorization to hold closed sessions to January 1, 2029.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11126 of the Government Code is amended to read:11126. (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.(b) For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.(c) Nothing in this article shall be construed to do any of the following:(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.(4) Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.(C) For purposes of this paragraph, the negotiator may be a member of the state body.(D) For purposes of this paragraph, lease includes renewal or renegotiation of a lease.(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.(9) Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.(B) This paragraph shall become inoperative on January 1, 2029.(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.(4) For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.(g) This article does not prevent either of the following:(1) The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.(h) This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.(3) To the extent that an internal audit containing proprietary information would be disclosed.(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.SEC. 2. Section 11213 of the Health and Safety Code is amended to read:11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.(b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.SEC. 3. Section 11480 of the Health and Safety Code is amended to read:11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.(b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.(d)(c) The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.(e)(d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties. SEC. 4. Section 11480.1 is added to the Health and Safety Code, to read:11480.1. (a) In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.(b) The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478. (c) The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:(1) Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.(2) If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:(A) A letter from the United States Food and Drug Administration approving the application for an investigational new drug.(B) A letter from the United States Food and Drug Administration indicating that the study may proceed.(C) Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.(D) A signed copy of the United States Food and Drug Administration Investigational New Drug Application.(3) An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.(4) One For all research projects, one of the following:(A) A Schedule I research registration issued by the United States Drug Enforcement Administration.(B) An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.(C) A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.(5) For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.(d) Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.(e) Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.SEC. 5. Section 11480.3 is added to the Health and Safety Code, to read:11480.3. (a) The panel may withdraw approval from a research project under either of the following circumstances:(1) The panel has substantial concerns about the safety and well-being of human research subjects.(2) The panel has substantial concerns that controlled substance research samples are being diverted.(b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.(c) Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.(d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.SEC. 6. Section 11481 of the Health and Safety Code is amended to read:11481. The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.SEC. 7. The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
Amended IN Assembly April 10, 2025 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1103Introduced by Assembly Member WardFebruary 20, 2025 An act to amend Section 11126 of the Government Code, and to amend Sections 11213, 11480, and 11481 of, and to add Sections 11480.1 and 11480.3 to, the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1103, as amended, Ward. Controlled substances: research.Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I and or Schedule II controlled substances to human and animal research subjects. The bill would require the panel to prioritize and expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign one 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval of a research project only under specified circumstances and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.This bill would extend the authorization to hold closed sessions to January 1, 2029.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 10, 2025 Amended IN Assembly March 28, 2025
Amended IN Assembly April 10, 2025
Amended IN Assembly March 28, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1103
Introduced by Assembly Member WardFebruary 20, 2025
Introduced by Assembly Member Ward
February 20, 2025
An act to amend Section 11126 of the Government Code, and to amend Sections 11213, 11480, and 11481 of, and to add Sections 11480.1 and 11480.3 to, the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1103, as amended, Ward. Controlled substances: research.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I and or Schedule II controlled substances to human and animal research subjects. The bill would require the panel to prioritize and expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign one 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval of a research project only under specified circumstances and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.This bill would extend the authorization to hold closed sessions to January 1, 2029.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law creates a Research Advisory Panel, as specified, to conduct hearings on, and in other ways study, research projects concerning controlled substances. Existing law authorizes the panel to approve research projects that have been registered with the Attorney General concerning the nature and effects of cannabis or hallucinogenic drugs and the treatment of abuse of controlled substances. Existing law authorizes a person who, under federal law, is entitled to use controlled substances for the purpose of research, instruction, or analysis, to lawfully obtain and use those controlled substances upon approval by the panel, as specified.
This bill would revise and recast these provisions to require the panel to review research projects to be conducted in this state that require the administration of Schedule I and or Schedule II controlled substances to human and animal research subjects. The bill would require the panel to prioritize and expedite the review of projects that satisfy certain criteria, including, among others things, that have sought or received certain federal approvals and have proof of independent peer review of the study, as described. The bill would authorize the chairperson of the panel to assign one 2 or more panel members to review the research project and to approve it, without a vote by the entire panel. The bill would authorize the panel to withdraw its approval of a research project only under specified circumstances and would require the panel to provide notice and time for the concern to be cured by the project before withdrawing its approval.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law, until January 1, 2027, authorizes the Research Advisory Panel to hold closed sessions for the purpose of discussing, reviewing, and approving research projects that contain sensitive and confidential information, including trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
This bill would extend the authorization to hold closed sessions to January 1, 2029.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11126 of the Government Code is amended to read:11126. (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.(b) For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.(c) Nothing in this article shall be construed to do any of the following:(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.(4) Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.(C) For purposes of this paragraph, the negotiator may be a member of the state body.(D) For purposes of this paragraph, lease includes renewal or renegotiation of a lease.(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.(9) Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.(B) This paragraph shall become inoperative on January 1, 2029.(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.(4) For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.(g) This article does not prevent either of the following:(1) The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.(h) This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.(3) To the extent that an internal audit containing proprietary information would be disclosed.(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.SEC. 2. Section 11213 of the Health and Safety Code is amended to read:11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.(b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.SEC. 3. Section 11480 of the Health and Safety Code is amended to read:11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.(b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.(d)(c) The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.(e)(d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties. SEC. 4. Section 11480.1 is added to the Health and Safety Code, to read:11480.1. (a) In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.(b) The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478. (c) The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:(1) Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.(2) If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:(A) A letter from the United States Food and Drug Administration approving the application for an investigational new drug.(B) A letter from the United States Food and Drug Administration indicating that the study may proceed.(C) Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.(D) A signed copy of the United States Food and Drug Administration Investigational New Drug Application.(3) An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.(4) One For all research projects, one of the following:(A) A Schedule I research registration issued by the United States Drug Enforcement Administration.(B) An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.(C) A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.(5) For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.(d) Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.(e) Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.SEC. 5. Section 11480.3 is added to the Health and Safety Code, to read:11480.3. (a) The panel may withdraw approval from a research project under either of the following circumstances:(1) The panel has substantial concerns about the safety and well-being of human research subjects.(2) The panel has substantial concerns that controlled substance research samples are being diverted.(b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.(c) Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.(d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.SEC. 6. Section 11481 of the Health and Safety Code is amended to read:11481. The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.SEC. 7. The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 11126 of the Government Code is amended to read:11126. (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.(b) For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.(c) Nothing in this article shall be construed to do any of the following:(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.(4) Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.(C) For purposes of this paragraph, the negotiator may be a member of the state body.(D) For purposes of this paragraph, lease includes renewal or renegotiation of a lease.(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.(9) Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.(B) This paragraph shall become inoperative on January 1, 2029.(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.(4) For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.(g) This article does not prevent either of the following:(1) The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.(h) This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.(3) To the extent that an internal audit containing proprietary information would be disclosed.(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SECTION 1. Section 11126 of the Government Code is amended to read:
### SECTION 1.
11126. (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.(b) For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.(c) Nothing in this article shall be construed to do any of the following:(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.(4) Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.(C) For purposes of this paragraph, the negotiator may be a member of the state body.(D) For purposes of this paragraph, lease includes renewal or renegotiation of a lease.(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.(9) Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.(B) This paragraph shall become inoperative on January 1, 2029.(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.(4) For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.(g) This article does not prevent either of the following:(1) The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.(h) This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.(3) To the extent that an internal audit containing proprietary information would be disclosed.(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
11126. (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.(b) For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.(c) Nothing in this article shall be construed to do any of the following:(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.(4) Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.(C) For purposes of this paragraph, the negotiator may be a member of the state body.(D) For purposes of this paragraph, lease includes renewal or renegotiation of a lease.(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.(9) Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.(B) This paragraph shall become inoperative on January 1, 2029.(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.(4) For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.(g) This article does not prevent either of the following:(1) The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.(h) This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.(3) To the extent that an internal audit containing proprietary information would be disclosed.(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
11126. (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.(b) For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.(c) Nothing in this article shall be construed to do any of the following:(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.(4) Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.(C) For purposes of this paragraph, the negotiator may be a member of the state body.(D) For purposes of this paragraph, lease includes renewal or renegotiation of a lease.(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.(9) Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.(B) This paragraph shall become inoperative on January 1, 2029.(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.(4) For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.(g) This article does not prevent either of the following:(1) The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.(h) This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.(3) To the extent that an internal audit containing proprietary information would be disclosed.(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
11126. (a) (1) Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
(2) As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
(3) The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
(4) Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
(b) For the purposes of this section, employee does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
(c) Nothing in this article shall be construed to do any of the following:
(1) Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
(2) Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicants qualifications for licensure and an inquiry specifically related to the state bodys enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
(3) Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
(4) Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
(5) Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
(6) Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
(7) (A) Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
(B) However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
(C) For purposes of this paragraph, the negotiator may be a member of the state body.
(D) For purposes of this paragraph, lease includes renewal or renegotiation of a lease.
(E) Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to subdivision (e).
(8) Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
(9) Prevent the Council for Private Postsecondary and Vocational Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Council for Private Postsecondary and Vocational Education.
(10) Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
(11) Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(12) Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
(13) Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
(14) Prevent the State Board of Education or the Superintendent of Public Instruction, or any committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
(15) Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
(16) Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
(17) Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
(18) (A) Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
(B) Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
(C) After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D) After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
(19) Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicants qualifications for certification.
(20) (A) Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to, trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
(B) This paragraph shall become inoperative on January 1, 2029.
(21) (A) Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
(B) Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
(C) After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
(D) If the duration of a closed session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authoritys public notice list or by posting on the California Earthquake Authoritys website, before reconvening in open session pursuant to subparagraph (C).
(d) (1) Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commissions jurisdiction are changed shall be open and public.
(2) Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
(e) (1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
(A) An adjudicatory proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
(B) (i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
(ii) Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
(C) Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
(3) The legal counsel of the state body shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
(4) For purposes of this subdivision, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(5) Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(f) In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
(1) Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
(2) Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
(3) Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicants qualifications.
(4) Prevent a state body, as defined in subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
(5) Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6) Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
(7) Prevent the State Board of Equalization from holding closed sessions for either of the following:
(A) When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
(B) For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
(8) Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9) Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
(g) This article does not prevent either of the following:
(1) The Teachers Retirement Board or the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers Retirement System or the Public Employees Retirement System.
(2) The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment, appointment, or removal of its executive director.
(h) This article does not prevent the Board of Administration of the Public Employees Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i) This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section 12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
(j) Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
(1) When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2) To the extent that matters related to audits and investigations that have not been completed would be disclosed.
(3) To the extent that an internal audit containing proprietary information would be disclosed.
(4) To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
(k) The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 of the Government Code with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the meeting or session.
SEC. 2. Section 11213 of the Health and Safety Code is amended to read:11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.(b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 2. Section 11213 of the Health and Safety Code is amended to read:
### SEC. 2.
11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.(b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.(b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.(b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I and Schedule II I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480.
(b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
SEC. 3. Section 11480 of the Health and Safety Code is amended to read:11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.(b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.(d)(c) The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.(e)(d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 3. Section 11480 of the Health and Safety Code is amended to read:
### SEC. 3.
11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.(b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.(d)(c) The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.(e)(d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.(b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.(d)(c) The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.(e)(d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.(b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.(d)(c) The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.(e)(d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
11480. (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate research efforts on such subjects.
(b) There is a Research Advisory Panel that consists of a representative of the State Department of Health Services, a representative of the California State Board of Pharmacy, the State Public Health Officer, a representative of the Attorney General, a representative of the University of California who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a private university in this state who shall be a pharmacologist, a physician, or a person holding a doctorate degree in the health sciences, a representative of a statewide professional medical society in this state who shall be engaged in the private practice of medicine and shall be experienced in treating controlled substance dependency, a representative appointed by and serving at the pleasure of the Governor who shall have experience in drug abuse, cancer, or controlled substance research and who is either a registered nurse, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or other health professional. The Governor shall annually designate the private university and the professional medical society represented on the panel. Members of the panel shall be appointed by the heads of the entities to be represented, and they shall serve at the pleasure of the appointing power.
(c)The Research Advisory Panel shall appoint two special members to the Research Advisory Panel, who shall serve at the pleasure of the Research Advisory Panel only during the period Article 6 (commencing with Section 11260) of Chapter 5 remains effective. The additional members shall be physicians and surgeons, and who are board certified in oncology, ophthalmology, or psychiatry.
(d)
(c) The panel shall annually select a chairperson from among its members. The In order to ensure continuity, the Attorney General may shall also appoint continue to employ an executive officer of the panel, panel and necessary employees, whose duties include shall include, but not be limited to, coordinating with the panels chairperson to assign incoming research project applications for review or approval by individual panel members with relevant core competencies.
(e)
(d) Members of the panel shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties.
SEC. 4. Section 11480.1 is added to the Health and Safety Code, to read:11480.1. (a) In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.(b) The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478. (c) The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:(1) Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.(2) If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:(A) A letter from the United States Food and Drug Administration approving the application for an investigational new drug.(B) A letter from the United States Food and Drug Administration indicating that the study may proceed.(C) Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.(D) A signed copy of the United States Food and Drug Administration Investigational New Drug Application.(3) An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.(4) One For all research projects, one of the following:(A) A Schedule I research registration issued by the United States Drug Enforcement Administration.(B) An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.(C) A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.(5) For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.(d) Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.(e) Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
SEC. 4. Section 11480.1 is added to the Health and Safety Code, to read:
### SEC. 4.
11480.1. (a) In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.(b) The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478. (c) The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:(1) Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.(2) If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:(A) A letter from the United States Food and Drug Administration approving the application for an investigational new drug.(B) A letter from the United States Food and Drug Administration indicating that the study may proceed.(C) Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.(D) A signed copy of the United States Food and Drug Administration Investigational New Drug Application.(3) An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.(4) One For all research projects, one of the following:(A) A Schedule I research registration issued by the United States Drug Enforcement Administration.(B) An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.(C) A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.(5) For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.(d) Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.(e) Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
11480.1. (a) In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.(b) The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478. (c) The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:(1) Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.(2) If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:(A) A letter from the United States Food and Drug Administration approving the application for an investigational new drug.(B) A letter from the United States Food and Drug Administration indicating that the study may proceed.(C) Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.(D) A signed copy of the United States Food and Drug Administration Investigational New Drug Application.(3) An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.(4) One For all research projects, one of the following:(A) A Schedule I research registration issued by the United States Drug Enforcement Administration.(B) An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.(C) A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.(5) For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.(d) Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.(e) Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
11480.1. (a) In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.(b) The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478. (c) The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:(1) Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.(2) If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:(A) A letter from the United States Food and Drug Administration approving the application for an investigational new drug.(B) A letter from the United States Food and Drug Administration indicating that the study may proceed.(C) Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.(D) A signed copy of the United States Food and Drug Administration Investigational New Drug Application.(3) An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.(4) One For all research projects, one of the following:(A) A Schedule I research registration issued by the United States Drug Enforcement Administration.(B) An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.(C) A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.(5) For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.(d) Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.(e) Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
11480.1. (a) In order to ensure compliance with state law and public policy protecting the rights of human subjects and the welfare of animal subjects in medical and scientific research, the panel shall review research projects to be conducted in this state that would require the administration of Schedule I or Schedule II controlled substances to human research subjects conducted in this state. research subjects.
(b) The panel shall inform the Attorney General of the head of the approved research projects that are entitled to receive quantities of cannabis pursuant to Section 11478.
(c) The panel shall prioritize and expedite the review of research project applications for research projects involving the administration of Schedule I, Schedule II, or both, controlled substances that include all of the following:
(1) Proof For all research projects, proof of independent peer review of the study by the National Institutes of Health, the United States Department of Defense, the Heffter Research Institute, the United States National Science Foundation, or a comparable group.
(2) If For research projects involving human subjects, if approval by the United States Food and Drug Administration of an investigational new drug application is otherwise required by law, one of the following:
(A) A letter from the United States Food and Drug Administration approving the application for an investigational new drug.
(B) A letter from the United States Food and Drug Administration indicating that the study may proceed.
(C) Documentation that the 30-day statutory period for the United States Food and Drug Administration to respond to a projects submission of an application for approval of an investigational new drug has expired.
(D) A signed copy of the United States Food and Drug Administration Investigational New Drug Application.
(3) An For research projects involving human subjects, an approval letter from a federally chartered institutional review board an institutional review board established in accordance with federal law, including, but not limited to, Part 46 of Title 45 of the Code of Federal Regulations, of all study documents demonstrating that the board has considered relevant federal and state laws regarding the use of human subjects, including, but not limited to, the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20) and laws governing research involving inmates, as described in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code and that the research project is in compliance with all other state laws, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and laws governing birth and death certificates, as described in Part 1 (commencing with Section 102100) of Division 102. A letter submitted pursuant to this paragraph may indicate approval by the board conditioned upon the approval of the panel.
(4) One For all research projects, one of the following:
(A) A Schedule I research registration issued by the United States Drug Enforcement Administration.
(B) An approval from the United States Drug Enforcement Administration for a research registration that is conditional on the approval of the panel.
(C) A copy of the application for a research registration submitted to the United States Drug Enforcement Administration. Administration, accompanied by a written acknowledgment of receipt of the application.
(5) For research projects involving animal subjects, an approval letter from an institutional animal care and use committee (IACUC) established pursuant to federal law of all study documents demonstrating that the IACUC has considered relevant federal and state laws regarding for the use of live, vertebrate animals in the research project, and their humane treatment in compliance with all applicable state and federal regulations.
(d) Applications for research projects that do not satisfy the criteria set forth in subdivision (c) shall be reviewed pursuant to the standard review process and approved by a review of the full panel. The panels process for conducting expedited review and its criteria for approving research projects eligible for prioritization described in subdivision (c) shall be published on the Attorney Generals panels internet website.
(e) Upon receiving a research project application that satisfies the criteria in subdivision (c), the panel chairperson, in consultation with the panels executive officer, may assign one two or more individual panel members to conduct an expedited review of eligible research applications and approve them on behalf of the panel without the need for a full panel vote at a regularly scheduled bimonthly meeting of the panel. Individual panel members shall have the authority to approve research project applications eligible for expedited review that also satisfy the criteria for approval published on the Attorney Generals panels internet website, pursuant to subdivision (d). Individual panel members are additionally authorized to communicate and consult asynchronously with other individual panel members with complementary core competencies outside of panel meetings in order to conduct their individual reviews and approve research eligible research applications. reviews. Panel members shall notify the panels chairperson and executive officer of their decision to approve or withhold approval of the eligible research applications assigned for their review.
SEC. 5. Section 11480.3 is added to the Health and Safety Code, to read:11480.3. (a) The panel may withdraw approval from a research project under either of the following circumstances:(1) The panel has substantial concerns about the safety and well-being of human research subjects.(2) The panel has substantial concerns that controlled substance research samples are being diverted.(b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.(c) Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.(d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 5. Section 11480.3 is added to the Health and Safety Code, to read:
### SEC. 5.
11480.3. (a) The panel may withdraw approval from a research project under either of the following circumstances:(1) The panel has substantial concerns about the safety and well-being of human research subjects.(2) The panel has substantial concerns that controlled substance research samples are being diverted.(b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.(c) Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.(d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
11480.3. (a) The panel may withdraw approval from a research project under either of the following circumstances:(1) The panel has substantial concerns about the safety and well-being of human research subjects.(2) The panel has substantial concerns that controlled substance research samples are being diverted.(b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.(c) Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.(d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
11480.3. (a) The panel may withdraw approval from a research project under either of the following circumstances:(1) The panel has substantial concerns about the safety and well-being of human research subjects.(2) The panel has substantial concerns that controlled substance research samples are being diverted.(b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.(c) Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.(d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
11480.3. (a) The panel may withdraw approval from a research project under either of the following circumstances:
(1) The panel has substantial concerns about the safety and well-being of human research subjects.
(2) The panel has substantial concerns that controlled substance research samples are being diverted.
(b) Prior to withdrawing approval, the panel shall communicate its concerns in a written notice of pending withdrawal of approval to the head of the research project. The notice shall prescribe a course of action to address the concerns of the panel and provide a reasonable period in which to effect that cure, but not less than 10 days prior to the effective date of the withdrawal.
(c) Approval shall be reinstated once the concerns raised in the notice have been resolved to the reasonable satisfaction of the panel.
(d) Upon withdrawal of its approval, the panel shall notify the head of the research project to return or destroy any quantities of cannabis to the Attorney General, subject to any Schedule I or II controlled substances pursuant to any applicable state and federal regulations regarding the return or destruction of controlled substance research samples.
SEC. 6. Section 11481 of the Health and Safety Code is amended to read:11481. The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
SEC. 6. Section 11481 of the Health and Safety Code is amended to read:
### SEC. 6.
11481. The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
11481. The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
11481. The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
11481. The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the panel, the nature of each research project, and where available, the conclusions of the research project.
SEC. 7. The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
SEC. 7. The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.
SEC. 7. The Legislature finds and declares that Section 1 of this act, which amends Section 11126 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 7.
In order to allow the Research Advisory Panel to conduct its review and approval of research studies in a quick manner, protect the privacy of subjects, and maintain the confidentiality of proprietary data, trade secrets, potential intellectual property, or other information, the public disclosure of which is prohibited by state or federal laws, or both, and regulations, it is necessary to provide the advisory panel with this limited exemption from the Bagley-Keene Open Meeting Act.