BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:           AB 435
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          |Author:    |Chang                                                |
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          |Version:   |6/25/2015              |Hearing      |7/15/2015       |
          |           |                       |Date:        |                |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Laurie Harris                                        |
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          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  







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             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  








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             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  








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             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  








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             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)








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          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."

                                          
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