BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 435 (Chang) - California Environmental Protection Agency:   
          Natural Resources Agency:  Web casts of public meetings and  
          workshops
          
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          |Version: June 25, 2015          |Policy Vote: N.R. & W. 9 - 0,   |
          |                                |          E.Q. 7 - 0            |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 24, 2015   |Consultant: Marie Liu           |
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          This bill meets the criteria for referral to the Suspense File. 


          Bill  
          Summary:  AB 435 would require each department, board,  
          commission, and office within the Natural Resources Agency  
          (CNRA) and the Environmental Protection Agency (CalEPA) to web  
          cast all public meetings in a manner that enables listeners and  
          viewers to ask questions and provide public comment by telephone  
          or electronic communication. The bill would also require that  
          recordings be available online for at least three-years.


          Fiscal  
          Impact:  
           One-time costs of approximately $1.9 million and ongoing costs  
            of up to $745,000 annually to the General Fund and various  
            special funds for the boards, departments, and offices of  
            CalEPA to provide 2-way webcasting and archive all meetings at  
            "agency sites."







          AB 435 (Chang)                                         Page 1 of  
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           Ongoing costs of approximately $2 million to the General Fund  
            and various special funds for the boards, departments, and  
            commissions of the CNRA to contract for 2-way webcasting and  
            archive all meetings at "agency sites." 


          Background:  The Bagley-Keene Open Meeting Act requires that all meetings  
          of a state body be open and public. The act also requires that  
          broadcasting and recordings must be allowed to long as they do  
          not disrupt the meeting.


          Proposed Law:  
            This bill would require each department, board, commission,  
          and office within the Natural Resources Agency (CNRA) and the  
          Environmental Protection Agency (CalEPA) to web cast all public  
          meetings in a manner that enables listeners and viewers to ask  
          questions and provide public comment by telephone or electronic  
          communication. The bill would also require that recordings be  
          available for at least three-years on-line.
          This requirement would not apply to public agencies held at  
          "nonagency sites" that are defined as a location other than  
          agency headquarters or state government buildings or facilities  
          where the primary operations of the agency or any of its  
          departments, boards, or commissions take place.




          Staff  
          Comments:  While many departments, boards, commissions, and  
          offices within the CNRA and CalEPA currently webcast or record  
          their meetings, none appear to have the regular capacity for  
          2-way webcasting that allows remote participants to participate  
          in the meeting in the same manner as a person attending the  
          meeting physically. 
          To add this capacity for 2-way webcasting, the agencies would  
          need significant investments in technology as well as  
          information technology staff to operate the technology and to  
          make the recordings available for three-years on their websites  
          or an increase in contracting costs to provide for these  
          services. 









          AB 435 (Chang)                                         Page 2 of  
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          In order to estimate these costs, both agencies made a number of  
          assumptions such as the number of public meetings and workshops  
          annually held excluding those held at "nonagency sites." There  
          could be some cost reductions depending on the extent that  
          contracts can be made to support multiple boards, departments,  
          commissions, and offices.


          Staff notes that these costs would be spread over multiple  
          special funds in addition to the General Fund. A number of the  
          special funds do not have balances that could support these  
          additional costs. Depending on how the these accounts are  
          funded, this bill could result in increased fees, fines, and  
          taxes, or pressures to do so. In particular, CalEPA identified  
          the Waste Discharge Permit Fund as fund that would likely see an  
          increase in fees to cover these costs.




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