Amended in Senate August 18, 2015

Amended in Senate June 25, 2015

Amended in Assembly May 28, 2015

Amended in Assembly March 18, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 435

Introduced by Assembly Member Chang

(Coauthors: Assembly Members Gallagher, Olsen, and Steinorth)

(Coauthor: Senator Anderson)

February 19, 2015

An act to add Sections 12805.4 and 12812.4 to the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 435, as amended, Chang. California Environmental Protection Agency: Natural Resources Agency: Web casts of public meetings and workshops.

Existing law establishes the California Environmental Protection Agency and the Natural Resources Agency as agencies in the state government. Existing law, the Bagley-Keene Open Meeting Act, generally requires that all meetings of a state body be open and public.

This bill would require that each department, board, and commission of the Natural Resources Agency begin insert , except as specified, end insert and each department, board, and office of the California Environmental Protection Agency Web cast all onsite public meetings, in a manner that enables listeners and viewers to ask questions and provide public comment by telephone or electronic communication commensurate with those attending the meeting. The bill would require the agencies to make the recording of a Web cast available online for no less than 3 years for subsequent viewing by interested members of the public.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12805.4 is added to the Government
Code, to read:

12805.4.  

(a) For purposes of this section, the following terms
have the following begin delete meaning: end delete begin insert meanings: end insert

(1) “Nonagency site” means a location other than agency
headquarters or state government buildings or facilities where the
primary operations of the agency or any of its departments, boards,
or commissions take place.

(2) “Web cast” means a media presentation distributed over the
Internet using live streaming media technology to distribute content
to listeners and viewers.

(b)  begin delete Each end delete begin insert Except as provided in subdivisions (c) and (d), each end insert
department, board, and commission of the Natural Resources
Agency shall Web cast all public meetings in a manner that enables
listeners and viewers to ask questions and provide public comment
by telephone or electronic communication commensurate with
those persons attending the meeting. The agency shall make the
recording of a Web cast available online for no less than three
years for subsequent viewing by interested members of the public.

(c) The requirements of subdivision (b) do not apply to a
conservancy or the California Science Center. This subdivision
does not limit the authority of the agency to Web cast meetings of
a conservancy or the California Science Center.

(d) The requirements of subdivision (b) do not apply to public
meetings held at nonagency sites. This subdivision does not limit
the authority of the agency to Web cast meetings of any
department, board, or commission held at a nonagency site.

begin insert

(e) It is not a violation of this section if technical failures prevent
a department, board, or commission from providing, archiving,
or posting a Web cast, so long as the entity exercises reasonable
diligence.

end insert

SEC. 2.  

Section 12812.4 is added to the Government Code, to
read:

12812.4.  

(a) For purposes of this section, the following terms
have the following begin delete meaning: end delete begin insert meanings: end insert

(1) “Nonagency site” means a location other than agency
headquarters or state government buildings or facilities where the
primary operations of the agency or any of its departments, boards,
or offices take place.

(2) “Web cast” means a media presentation distributed over the
Internet using live streaming media technology to distribute content
to listeners and viewers.

(b)  begin delete Each end delete begin insert Except as provided in subdivision (d), each end insert department,
board, and office of the California Environmental Protection
Agency shall Web cast all public meetings in a manner that enables
listeners and viewers to ask questions and provide public comment
by telephone or electronic communication commensurate with
those persons attending the meeting. The agency shall make the
recording of a Web cast available online for no less than three
years for subsequent viewing by interested members of the public.

(c) The deputy secretary for external affairs shall be responsible
for implementation of this section.

(d) The requirements of subdivision (b) do not apply to public
meetings held at nonagency sites. This subdivision does not limit
the authority of the agency to Web cast meetings of any
department, board, or office held at a nonagency site.

begin insert

(e) It is not a violation of this section if technical failures prevent
a department, board, or office from providing, archiving, or posting
a Web cast, so long as the entity exercises reasonable diligence.

end insert