BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: AB 435 ----------------------------------------------------------------- |Author: |Chang | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |6/25/2015 |Hearing |7/15/2015 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Laurie Harris | | | | ----------------------------------------------------------------- SUBJECT: California Environmental Protection Agency: Natural Resources Agency: Web casts of public meetings and workshops. ANALYSIS: Existing law: 1) Requires, under the Bagley-Keene Open Meeting Act, that all meetings of a state body shall be open and public, and all persons shall be permitted to attend any meeting, except as provided. The Act also requires that broadcasting and recordings must be allowed so long as they do not disrupt the meeting. (Government Code (GOV) §11120 et seq.) 2) Defines the following bodies within the California Environmental Protection Agency (CalEPA): Air Resources Board (ARB), the Department of Pesticide Regulation (DPR), the Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control (DTSC), the Office of Environmental Health Hazard Assessment (OEHHA), and the State Water Resources Control Board (SWRCB). (GOV §71011) 3) Requires that CalEPA authorize a deputy secretary for external affairs to provide 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 agencies. (GOV §12812.3) 4) Establishes the California Natural Resources Agency (CNRA) as AB 435 (Chang) Page 2 of ? consisting of the California Science Center (CSC), the California Conservation Corps, five departments, three boards, six commissions, and nine conservancies, as specified. (GOV §12805) This bill: 1) Defines: a) A"nonagency site" as a location other than agency headquarters or state government buildings or facilities where primary operations occur. b) A "web cast" as a media presentation distributed over the Internet using live streaming media technology to distribute content to listeners and viewers. 2) Requires that each department, board, and commission in the CNRA (excluding conservancies and the CSC), as well as each department, board, and office in the CalEPA, web cast all public meetings, enabling listeners and viewers to ask questions and provide comment via telephone or electronic communication commensurate with those attending in person, excluding meetings held at nonagency sites. 3) Requires the agencies to make recordings of web casts available online for a minimum of three years. 4) Requires, for CalEPA, that the deputy secretary for external affairs be responsible for implementation of the web cast requirements. Background 1) Current Webcasts of Public Meetings. According to the CalEPA website, the agency began to offer audio webcasts of various meetings and hearings from the CalEPA headquarters and elsewhere beginning in March 2002. A listing of archived webcasts from the agency and its boards, departments, and offices are currently available on the agency's website. The listing from June 2015 includes 31 AB 435 (Chang) Page 3 of ? archived webcasts with both audio and video recording. There are options to view up to three months of archived webcasts and up to six months of upcoming scheduled webcasts. For the CNRA, webcasts are available on the individual board, office, and commission websites. According to the Assembly Committee on Accountability and Administrative Review's analysis of this bill, both CalEPA and CNRA have said that they support the concept of offering web casts to encourage public participation, though doing so for all meetings and workshops could be difficult because of limited resources and technological challenges. In regards to enabling listeners and viewers to ask questions and provide comment via telephone or electronic communication, CalEPA's Chief Information Officer notes that currently, "CalEPA's headquarter webcast environment does not have an integrated phone or email environment that will allow for this." 2) Types of Meetings Currently Webcast. A range of meetings, workshops, and webinars are included on CalEPA's website. From June 2015, webcasts included "Water Quality Fees Stakeholder Meeting," "Tribal Prop 1 Consultation," and "Governor's Office of Planning and Research Workshop on Government Decision-Making and Open Meetings." Many of the meetings were located at the CalEPA headquarters, though some were located in regional offices, including San Diego. Comments 1) Purpose of Bill. According to the author, "Regulations debated and promulgated by the Environmental Protection Agency and the Natural Resources Agency regulate important issues like the environment, California businesses and their ability to promote job growth. Individuals throughout the state have a direct interest in these polices created by state agencies but few have the geographic advantage of being close enough to attend meetings and provide direct input. While these meetings may be open to the public, it is unrealistic to expect that the average Californian will be able to put their AB 435 (Chang) Page 4 of ? life on hold to attend and voice their concerns or ideas. "Transparency and accessibility should be a priority for all parts of government. As technology improves, our opportunities to make government more accessible are increasing. AB 435 will require the Environmental Protection Agency and the Natural Resources agency, as well as the boards and commissions they encompass, to webcast their public meetings and make those recording available online for the public to view. Additionally, they will have to provide those viewing these meetings remotely the ability to participate in public comment or ask questions via electronic communication. In the event that an agency, board or commission affected by this legislation currently webcasts their meetings, they will need only to add the accessibility component of AB 435." 2) Public Interest and Participation. One meeting included a "Public Workshop to Discuss Funding Guidelines for Agencies Administering GHG Reduction Fund Programs." As there have been two bills moving through the Legislature this year on establishing technical assistance programs for disadvantaged and low-income communities in applying for funds from those programs, access to, and ability to participate in, such webcasts is likely of interest to many parties. However, given that the majority of listed meetings are held in Sacramento and on weekdays, it is likely that these meetings are difficult to attend in person for many members of the public. 3) What Happens in the Event of Technical Problems? There may be times when technical problems preclude an agency from web casting a meeting and/or creating a recording for archiving in the future. This could happen through no fault of the agency. Section 66020.5 of the Education Code addresses this in regards to live video and audio transmissions and archives for specified entities by noting, "It is not a violation of this section if technical failures prevent an entity from providing a live video or audio transmission, or archiving or posting the video and audio AB 435 (Chang) Page 5 of ? transmission, so long as the entity exercised reasonable diligence in making a live video or audio transmission available and archiving and posting the video and audio transmission." Therefore, an amendment is needed in both sections of the bill to add language specifying that the agencies would not be in violation of the specified provisions in the event of technical failures, so long as they have exercised reasonable diligence. Related/Prior Legislation AB 1723 (Fuentes, Chapter 580, Statutes of 2011) required the Board of Governors of the California Community Colleges, Trustees of the California State University, and Student Aid Commission to provide live video and audio transmission of all meetings which are open to the public, to provide public notice, and to archive the transmissions for at least one year. SB 312 (Romero, Chapter 179, Statutes of 2009) required the State Board of Education and the State Allocation Board to provide live video and audio transmission of all meetings and hearings open to the public. DOUBLE REFERRAL: This measure was heard in the Senate Natural Resources and Water Committee on June 23, 2015, and passed out of committee with a vote of 9-0. SOURCE: Author SUPPORT: American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO Associated Builders and Contractors of California Building Owners and Managers Association of California California Business Properties Association California Chamber of Commerce California League of Food Processors California Manufacturers & Technology Association Center on Race, Poverty & the Environment (CRPE) AB 435 (Chang) Page 6 of ? 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 (RCRC) Western Plastics Association OPPOSITION: None received ARGUMENTS IN SUPPORT: According to a coalition of business and manufacturing interests, "AB 435 takes advantage of major advances in telecommunication technology to make it easier for members of the public to participate in board meetings that often take place hundreds of miles from where they live and work. These meetings deal with regulations and matters that directly affect them and their businesses, so making participation easier strengthens the voice of all Californians." -- END --