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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