BILL ANALYSIS Ó AB 1976 Page 1 (Without Reference to File) CONCURRENCE IN SENATE AMENDMENTS AB 1976 (Irwin and Williams) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |76-0 |(April 14, |SENATE: |39-0 |(August 23, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- ---------------------------------------------------------------------- | | | | | | | | | | | | |COMMITTEE VOTE: |18-0 |(August 30, |RECOMMENDATION: |concur | | | |2016) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ---------------------------------------------------------------------- (G.O.) Original Committee Reference: G.O. SUMMARY: Makes several changes to California Avocado Commission (CAC) and the Bagley-Keene Open Meeting Act (Bagley-Keene). AB 1976 Page 2 Specifically, this bill: 1)Changes from four to two the number of avocado handlers (handlers) as members of the CAC Board (Board). 2)Changes from two to one the number of alternative handlers for the Board. 3)Deletes provision to having alternative handler members being assigned to serve as the alternate to specific handler members. 4)Lowers from 11 to nine member of the Board if there are three or four CAC districts. 5)Changes information required for a list of CAC producers by deleting district numbers and adding avocado grove locations. 6)Changes the time from 90 days to 60 days when the list of CAC producers needs to be sent to CDFA, upon a written request from CDFA. The Senate amendments: 1)Change the Bagley-Keene open meeting act teleconferencing for agricultural marketing and advisory boards, commissions and councils (advisory board) from requiring a physical location for each board member participating by teleconference to be noticed and open to the public to the following: a) Require any member of the advisory board that participates by teleconference be listed in the minutes of the meeting and provide at least 24 hour notice prior to the meeting; b) Require, for an advisory board having a teleconference meeting to provide a primary physical location of the advisory board meeting open to the public; AB 1976 Page 3 c) Require at least one member of the commission or council shall be in attendance at the primary physical meeting location. d) Require, for an advisory board having a teleconference meeting, the meeting agenda to contain the teleconference phone number, Web site or other information that grant the public access to the meeting; e) State that this section does not exempt the advisory board from providing information for physical location of meeting and any teleconferencing participation information, as specified; and, f) Require the advisory board, prior to a teleconference meeting, to adopt teleconference guidelines that include, but are not limited to, cancellation due to technical issues, ensuring transparency, and public access. 2)Make technical and clarifying amendments related to the election of handlers and their alternates for CAC. 3)Exempt from the definition of avocado producer or grower, persons who produced less than an annual average of 10,000 pounds of avocado annually in the last three years. 4)Require handlers who are nominated and elected to CAC to have handled at least 1% of the total volume of industry avocados in the previous year and require, once elected, the handlers maintain these eligibility requirements. 5)Make findings and declarations that it is in the state's interest to revise the requirements for teleconferences of the Bagley-Keene for these boards, councils, and commissions in order to encourage participation by directors. AB 1976 Page 4 EXISTING LAW: 1)Requires that all meetings of a state body be conducted openly and allow all persons to attend any meeting, with exceptions. 2)Permits a state body from holding a meeting by teleconference if, among other conditions, each teleconference location is identified in the notice and agenda of the meeting. 3)Establishes the CAC, composed of 10 producers and four handlers elected by the industry and one public member appointed by CDFA. 4)Divides California into five districts representing approximately 20% of the avocado production. 5)Provides for CAC membership, voting procedures, duties and powers, assessment rates, recordkeeping, quality standards, penalties, and referendum procedures including continuance and termination. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, this bill will incur negligible state costs. COMMENTS: Purpose of the Bill: According to the author: "AB 1976 makes a change to teleconference meetings for certain agricultural programs. Many members of agricultural marketing programs reside in remote locations across the state which make teleconferences great tools for conducting meetings. Current law requires a physical location to be posted for every member of the meeting. However, many members may call from a vehicle AB 1976 Page 5 or need to move locations due to last minute emergencies. Due to the nature of these programs, this can create an undue burden for members of the commission who may not have a stable location and therefore would be in violation of the law. To ensure the public has access to the meetings and accommodate the members of these unique groups, this bill requires that one physical location be posted in the agenda for meetings with at least one member present. The bill still ensures that phone numbers be provided for public participation. This will allow members of the public to access meetings at their convenience, either in person or by phone, while taking into consideration unique difficulties facing members of these agricultural programs." Background: When the Legislature enacted the Bagley-Keene Act of 1967 it essentially said that when a body sits down to develop its consensus, there needs to be a seat at the table reserved for the public. In doing so, the Legislature has provided the public with the ability to monitor and be part of the decision-making process. Bagley-Keene explicitly mandates open meetings for California State agencies, boards, and commissions and facilitates transparency of government activities and protects the rights of citizens to participate in state government deliberations. Therefore, absent a specific reason to keep the public out of meetings, the public should be allowed to monitor and participate in the decision-making process. Similarly, the California's Brown Act of 1953 protects citizen's rights to open meetings at the local and county government levels. Bagley-Keene provides if a meeting is held via teleconference, it shall comply with the following requirements: 1)The meeting shall be audibly accessible at the location specified in the meeting notice. 2)Agendas shall be posted at all teleconference locations. 3)Each teleconference location shall be identified in the notice and agenda and be accessible to the public. AB 1976 Page 6 4)All votes shall be taken by roll call. 5)At least one member shall be physically present at the location specified in the meeting notice. By exempting agricultural state bodies from the telecommunication location requirements as stated above, this bill imposes a limitation on the public's right of access to meetings. This bill finds that these limitations are needed to protect the state's interest to encourage participation by directors, many of which are located in remote areas that are difficult for the public to access. Commissions and Councils: There are approximately 16 active commissions and councils, all of which are governed by boards of directors and overseen by the California Department of Food and Agriculture (CDFA). These entities were created to enhance their industries by investing in promotion, advertising, education, marketing research, scientific research, and/or the creation and regulation of quality standards. Generally, commissions and councils are initiated by the industry and go into effect following an affirmative industry referendum vote and, at times, a periodic vote to reaffirm their existence. Once in effect, every member of the industry, as specified, is required to follow all laws and regulations including, but not limited to, the payment of assessment fees. Unlike marketing orders and marketing agreements, commissions and councils are created through commodity-specific legislation. Generally, councils are advisory to CDFA and all actions are subject to CDFA approval. Commissions have greater autonomy and do not serve an advisory purpose; however, CDFA must concur with their annual budget and activities statement, and CDFA has the authority to issue cease and desist orders to commission actions that CDFA deems to not be in the public interest. AB 1976 Page 7 There are many other agricultural advisory boards and committees that were not created by Divisions 21 and 22 of the Food and Agricultural Code and, therefore, not included in this bill. A short list includes the Certified Farmers' Market Advisory Committee, the Fertilizer Inspection Advisory Board, the Livestock Identification Advisory Board, the Seed Advisory Board, and the State Board of Food and Agriculture. Generally, these entities advise the secretary of CDFA on issues regarding regulations rather than commodity-specific marketing and promotional activities. This bill is narrowly tailored to address only the agricultural marketing and promotional advisory boards, commissions, and councils. Prior/Related Legislation: SB 103 (Liu), of 2011-12. Would have made substantive changes to provisions of the Act relating to teleconference meetings. (Died Assembly Appropriations Suspense File) SB 962 (Liu), Chapter 482, Statutes of 2010. Allowed the use of videoconferencing and teleconferencing at the court's discretion and subject to availability for prisoners to participate in court proceedings for the termination of their parental rights or the court ordered dependency petition of their child. SB 519 (Committee on Governmental Organization), Chapter 92, Statutes of 2007. Amended the Bagley-Keene Act to authorize the calling of a special meeting to provide for an interim executive officer of a state body upon the death, incapacity, or vacancy in the office of the executive officer. AB 277 (Mountjoy), Chapter 288, Statutes of 2005. Made permanent certain provisions authorizing closed sessions for purposes of discussing security related issues pertaining to a state body. AB 1976 Page 8 AB 192 (Canciamilla), Chapter 243, Statutes of 2001. Made various changes to the Bagley-keene Act, which governs meetings held by state bodies, to make it consistent with provisions of the Ralph M. Brown Act, which governs meetings of legislative bodies of local agencies. SB 95 (Ayala), Chapter 949, Statutes of 1997. Made various changes to the Bagley-Knee Act by expanding the notice, disclosure and reporting requirements for open and closed meetings of state bodies. Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0005011