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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