BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 435          Hearing Date:    June 23,  
          2015
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          |Author:    |Chang                  |           |                 |
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          |Version:   |May 28, 2015    Amended                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Angee Doerr                                          |
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            Subject:  California Environmental Protection Agency: Natural  
            Resources Agency: Web casts of public meetings and workshops.


          BACKGROUND AND EXISTING LAW
          Existing Law:
          (1)Establishes the Natural Resources Agency (Resources)  
            (Government Code (GC) Section 12805). Resources consists of:

             (A)  Departments of Forestry and Fire Protection;  
               Conservation; Fish and Wildlife; Parks and Recreation; and  
               Water Resources; 

             (B)  Colorado River Board; Central Valley Flood Protection  
               Board; and Wildlife Conservation Board; 

             (C)  State Lands Commission; San Francisco Bay Conservation  
               and Development Commission; Energy Resources Conservation  
               and Development Commission; Delta Protection Commission;  
               Native American Heritage Commission; and California Coastal  
               Commission;

             (D)  State Coastal Conservancy; California Tahoe Conservancy;  
               Santa Monica Mountains Conservancy; Coachella Valley  
               Mountains Conservancy; San Joaquin River Conservancy; San  
               Gabriel and Lower Los Angeles Rivers and Mountains  
               Conservancy; Baldwin Hills Conservancy; San Diego River  
               Conservancy; and Sierra Nevada Conservancy; and








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             (E)  California Science Center; and the California  
               Conservation Corps.



          (1)Defines the California Environmental Protection Agency  
            (CalEPA) as (Public Resources Code (PRC) Section 71011): 

             (A)  Departments of Pesticide Regulation; Resources Recycling  
               and Recovery (CalRecycle); Toxic Substances Control;

             (B)  State Water Resources Control Board; Air Resources  
               Board; Regional Water Quality Control Boards; and

             (C)  Offices of the Secretary; and Environmental Health  
               Hazard Assessment.



          (1)Creates a deputy secretary for external affairs with CalEPA,  
            tasked with providing public outreach, communication to  
            individuals and communities impacted by permitted activities,  
            and technical support to businesses subject to regulation by  
            one or more boards, departments, or offices within CalEPA (GC  
            Section 12812.3).


          PROPOSED LAW
          This bill would:
          (1)                                Add Sections 12805.4 and  
            12812.4 to the Government Code, relating to state government. 
          (2)                                Require each department,  
            board, and commission of the Natural Resources Agency  
            (Resources) to webcast all public meetings.

          (3)                                Require each department,  
            board, and office of the California Environmental Protection  
            Agency (CalEPA) to webcast all public meetings.

          (4)                                Define a Webcast to mean a  
            presentation over the Internet using live streaming media  
            technology.

          (5)                                 Require the Webcasts to  








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            include a method for viewers or listeners to participate  
            remotely.

          (6)                                 Require recordings of  
            Webcasts to be available online for at least three years.

          (7)                                 Exclude public meetings held  
            at non-agency sites from Webcast requirements.

          (8)                                 Exclude conservancies and  
            the California Science Center from Webcast requirements.   

          ARGUMENTS IN SUPPORT
          The Center on Race, Poverty & the Environment states  
          "California's most vulnerable residents have few resources to  
          travel to Sacramento to attend meetings and hearings that affect  
          their communities. But these under-resourced residents often  
          bear a disproportionate pollution burden and have the greatest  
          stake in sound and reasoned decision-making from the state's  
          environmental agencies. By increasing public access to agency  
          meetings, this bill will increase transparency and  
          accountability in CalEPA and Natural Resources Agency boards and  
          departments. And by providing alternative methods to submit  
          public comment, this bill will foster greater dialogue between  
          agencies and the public and improve agency responsiveness."

          ARGUMENTS IN OPPOSITION
          None Received

          COMMENTS
          What is a "nonagency" site? It is currently unclear what is  
          meant by the term "nonagency" site. The Committee may wish to  
          direct staff to work with the author to provide clarity  
          regarding what is or is not included in this term in order to  
          achieve the author's intent (Amendment 1).

          Do these agencies currently webcast public hearings? Currently  
          both CalEPA and Resources offer webcasts of some public meetings  
          and allow for remote participation when able.  For example,  
          CalEPA recently had 35 live webcasts listed on its website  
          during a 30-day period.  Public webcasts for CalEPA are  
          advertised in advance and can be viewed for three months after  
          being broadcast (  http://www.calepa.ca.gov/Broadcast/  ). Public  
          webcasts for Resources are offered through individual  








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          Departments and Boards rather than through Resources.




           Double-Referral.  The Rules Committee referred this bill to both  
          the Committee on Natural Resources and Water and to the  
          Committee Environmental Quality. Therefore, if this bill passes  
          this committee, it will be referred to the Committee on  
          Environmental Quality, which will consider the issues within  
          their jurisdiction.
          
          Similar Legislation:
          SB312 (Romero, c.179, Statutes of 2009) required the State Board  
          of Education and the State Allocation Board to provide for live  
          video and audio transmission of all meetings and hearings that  
          are open to the public through a technology accessible to as  
          large a segment of the public as possible.

          AB1723 (Fuentes, c. 580, Statutes of 2011) required the Board of  
          Governors of the California Community Colleges, the Trustees of  
          the California State University, and the Student Aid Commission,  
          and requested that the Regents of the University of California,  
          to provide live video and audio transmission of all public  
          meetings, through a technology accessible to as large a segment  
          of the public as possible. It also required these broadcasts to  
          be archived and posted within 48 hours and maintained for at  
          least 12 months.

          SUGGESTED AMENDMENTS 
          
          AMENDMENT 1
               Currently, the bill exempts hearings held at "nonagency  
               sites" from the webcast requirement. However, it is unclear  
               specifically what would and would not qualify as a  
               "nonagency" site. A definition of this term should be  
               included within GC Sections 12805.4 and 12812.4.
          
          SUPPORT
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          Association Builders and Contractors of California
          Building Owners and Managers Association of California
          California Business Properties Association








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          CalChamber
          California League of Food Processors
          California Manufacturers & Technology Association
          Center on Race, Poverty & the Environment
          Commercial Real Estate Development Association, NAIOP of  
          California
          Consumer Specialty Products Association
          Family Business Association
          Industrial Environmental Association
          International Council of Shopping Centers
          National Tank Truck Carriers
          Rural County Representatives of California
          Western Plastics Association

          OPPOSITION
          None Received

          
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