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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 25, 2015 |Policy Vote: N.R. & W. 9 - 0, | | | E.Q. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 24, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- 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 ? 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 ? 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. -- END --