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 ----------------------------------------------------------------- |Author: |Chang | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |May 28, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Angee Doerr | | | | ----------------------------------------------------------------- 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 AB 435 (Chang) Page 2 of ? (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 AB 435 (Chang) Page 3 of ? 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 AB 435 (Chang) Page 4 of ? 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 AB 435 (Chang) Page 5 of ? 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 -- END --