Report 2011-106 Recommendation 6 Responses

Report 2011-106: Intellectual Property: An Effective Policy Would Educate State Agencies and Take Into Account How Their Functions and Property Differ (Release Date: November 2011)

Recommendation #6 To: Energy Commission, California

The Energy Commission should take the necessary steps to strengthen its royalty process to ensure that it receives the proper amounts from all contractors that owe it royalties.

1-Year Agency Response

The Energy Commission stated that it has modified its annual Public Interest Energy Research (PIER) royalty letter to require a response and added language to its PIER solicitations indicating that bidders who have not responded to the royalty repayment letter may be screened out from participating in future PIER funding opportunities. The Energy Commission also stated that it amended a contract with the State Controller's Office to include review of PIER royalty payments and that those reviews are underway. The Energy Commission stated it has drafted new PIER terms and conditions, which require certification that the royalty amount paid is correct. Finally, the Energy Commission stated that it hired a contractor to perform follow-up calls and independent market assessment on PIER researchers who might have sold intellectual property products and not yet paid royalties and to identify current PIER researchers that will be required to pay future royalties. The Energy Commission expected work on this contract to begin in December 2012. (See 2013-406, p. 36)

California State Auditor's Assessment of 1-Year Status: Fully Implemented

All Recommendations in 2011-106

Agency responses received after June 2013 are posted verbatim.