Existing law establishes the California Environmental Protection Agency and the Natural Resources Agency as agencies in the state government. Existing law, the Bagley-Keene Open Meeting Act, generally requires that all meetings of a state body be open and public.

This bill would require that each department, board, and commission of the Natural Resources Agency, except as specified, and each department, board, and office of the California Environmental Protection Agency Web cast all onsite public meetings, in a manner that enables listeners and viewers to ask questions and provide public comment by telephone or electronic communication commensurate with those attending the meeting. The bill would require the agencies to make the recording of a Web cast available online for no less than 3 years for subsequent viewing by interested members of the public.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 816 (Kiley) - California Environmental Protection Agency: Natural Resources Agency: Web casts of public meetings and workshops

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 816 requires the California Environmental Protection Agency (CalEPA) and the California Natural Resources Agency (CNRA) to webcast on-site public meetings.

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.”
• 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:

1. Requires each department, board, and office of CalEPA and each department, board, and commission of CNRA to webcast all public meetings in a manner that enables listeners and viewers to ask questions and provide public comment, as specified.
2. Exempts the webcast requirements for meetings held at non-agency sites.
3. Requires recordings of webcasts to be archived for at least three years.
4. Exempts conservancies and the California Science Center from the webcast requirements.
   
5. Specifies that a technical failure to provide, archive, or post a webcast is not considered a violation of the requirements as long as an entity exercises reasonable diligence.

Related Legislation:

AB 435 (Chang) of 2015 was nearly identical to this bill. It was held on Suspense in the Senate Appropriations Committee.

AB 1723 (Fuentes), Chapter 580, Statutes of 2012, required California Community Colleges, California State University and the Student Aid Commission, and requests that the University of California provide live video and audio transmission of all open meetings through widely available technology like television or web casts.

Staff Comments:

Fiscal impact. While many departments, boards, commissions, and offices within the CNRA and CalEPA currently webcast or record their meetings, few 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.

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.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: July 11, 2017

Subject: California Environmental Protection Agency: Natural Resources Agency: Web casts of public meetings and workshops

BACKGROUND AND EXISTING LAW

1. Existing law establishes the following departments, boards and office in the California Environmental Protection Agency:
2. Air Resources Board
3. Department of Pesticide Regulation
4. Department of Toxic Substances Control
5. Office of Environmental Health Hazard Assessment
6. State Water Resources Control Board and regional water boards
7. Department of Resources Recycling and Recovery
8. Existing law establishes the following entities, among others, in the California Natural Resource Agency:
9. Department of Water Resources
10. Department of Forestry and Fire Protection
11. Department of Conservation
12. Department of Parks and Recreation
13. California Conservation Corps
14. Department of Fish and Wildlife
15. California Coastal Commission
16. California Energy Commission
17. Fish and Game Commission
18. State Lands Commission
19. Native American Heritage Commission
20. Expo Park
21. California African American Museum
22. Wildlife Conservation Board
23. Central Valley Flood Protection Board
24. San Francisco Bay Conservation and Development Commission
25. California Water Commission
26. Colorado River Board of California
27. The Bagley-Keene Act (Government Code §§ 11120-11132) provides a specific avenue for public engagement and comment whenever boards or commissions are making decisions on regulations or policy. The act requires several actions by all state boards and commissions related to public engagement and meetings, including to:

A) Provide public notice of their meetings.

B) Prepare agendas.

C) Accept public testimony.

D) Conduct meetings in public unless specifically authorized to meet in closed session.

PROPOSED LAW

This bill:

1. Requires each department, board, and office of the California Environmental Protection Agency, and each department, board, and commission of the Natural Resources Agency to provide live webcasts of their public meetings that include a method for viewers or listeners to participate, and that the webcasts be archived for at least 3 years.
2. Excludes meetings at nonagency sites, which 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.
3. Excludes conservancies and the California Science Center from webcast requirements.

ARGUMENTS IN SUPPORT

The author argues, that “as the government expands, the need for transparency increases along with it. Before the introduction of internet streaming, it was highly unlikely that individuals living outside Sacramento had any hope of joining the conversation, despite being directly impacted by the policies being discussed. While technology has now made this type of engagement possible, government has not fully caught up. AB 816 helps ensure that interested parties of all backgrounds have the opportunity to participate in the discussion.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

1. The use of live webcasts, with or without interactive programs, to broaden public participation among those California residents who are not present at the meetings has become more common in California state agencies and the legislature. Live broadcasts with interactive programs have been used by the California Energy Commission, Public Utilities Commission, and California Environmental Protection Agency for a several years. These programs include the use of platforms that enable people to call in to comment and ask questions during the appropriate public forum time. For example, in certain cases a member of the public can log into the live broadcast on the internet, and select a toggle button that signifies their desire to participate in the public comment item of the agenda, and a moderator will “un-mute” that person when it is their turn to speak. Other systems use online tools to allow the public to comment or ask questions through real-time written statements. Some agencies run their own centralized systems, while in other cases, the agency contracts a third party company to provide the live broadcast and interactive platform. In general, these programs can be accessed by phone or via the internet with a login required on the website, or both options can be available. In contrast, the Wildlife Conservation Board meetings generally are not webcast or televised. The meetings of the Fish and Game Commission’s, Wildlife Resources Committee, Marine Resources Committee, and Tribal Committee also are not live broadcast, although the agenda, meeting documents, and audio recording files are archived on the Fish and Game Commission website after each meeting.
2. Currently, both California EPA and the Natural Resources Agency offer live web casts of public meetings of most commissions, boards, and other meetings, but only some allow remote participation. For example, the meetings of the State Water Resources Control Board are webcast live, with video and audio options, but without an interactive component.
3. Although any system is likely to increase remote participation, the tradeoffs between telephonic and internet-based systems may depend on the particular commission, department, or board. The accessibility to various modes of communication varies throughout the state. Should this bill become law, it would be useful for each public entity to track how many members of the public participate in their meetings before and after an interactive program is established. Future changes may be necessary to optimize public participation.
4. Geographic scope and interactive components of such programs were considered in an additional bill heard before this committee. Another bill, AB 1337 (Patterson), is similar in topic and passed this committee on June 27. AB 816 shares similar goals to AB 1337 because it focuses on live webcasting of meetings, but AB 816 would apply to more public entities. AB 816 also would include a mandate that live webcasts include mechanisms for remote participation in the form of listener questions and comments, but would only apply to public meetings held on-site. AB 1337 focused on live webcasts only at Wildlife Resources Committee, Marine Resources Committee meetings, and Tribal Committee meetings, all of which are under the Fish and Game Commission.

SUPPORT

California Manufacturers & Technology Association

Associated Builders and Contractors of California

California Business Properties Association

California Chamber of Commerce

Consumer Specialty Products Association

Industrial Environmental Association

League of Women Voters of California

National Federation of Independent Businesses

Pacific Forest Trust

Southwest California Legislative Council

Western Plastics Association

Western Wood Preservers Institute

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 816

Author:(Kiley)

As Introduced Ver:

Majority vote

SUMMARY: Requires the California Environmental Protection Agency (CalEPA) and the Natural Resources Agency (Resources) to web cast on-site public meetings. Specifically, this bill:

1. Requires each department, board, and office of CalEPA and each department, board, and commission of Resources to provide these web casts.
2. Defines a web cast to mean a presentation over the Internet using live streaming media technology.
3. Exempts the web cast requirements for meetings held at non-agency sites.
4. Requires the web casts to include a method for viewers or listeners to participate remotely.
5. Requires recordings of web casts to be archived for at least three years.
6. Excludes conservancies and the California Science Center from web cast requirements.
7. Specifies that a technical failure to provide, archive, or post a web cast is not considered a violation of the requirements as long as an entity exercises reasonable diligence.

EXISTING LAW requires, with some exceptions, state meetings to be open to the public.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. 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 two-way webcasting and archive all meetings at "agency sites."
2. 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 two-way webcasting and archive all meetings at "agency sites."

COMMENTS: This bill requires CalEPA and Resources to web cast all public meetings. The web casts must include live streaming over the Internet and allow remote participation. Specifically, the technology must allow listeners and viewers to ask questions and provide public comment by telephone or electronic communications in line with the participation opportunities of those physically attending the meeting.

According to the author, this bill will increase transparency and public participation. The author states "Before the introduction of internet streaming, it was highly unlikely that individuals living outside Sacramento had any hope of joining the conversation, despite being directly impacted by the policies being discussed. . . AB 816 helps ensure that interested parties of all backgrounds have the opportunity to participate in the discussion."

This bill exempts the agencies from web casting from non-agency sites, which it defines 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 offices take place." For example, the requirement would not apply if the meeting was held at a local library or community center. Additionally, this bill exempts conservancies and the California Science Center from web cast requirements.

Currently both CalEPA and Resources offer web casts of public meetings and some allow for remote participation. However, not all public meetings are available through web casts and they often do not allow for remote participation.

Additionally, this bill requires web casts to be archived and available online for at least three years.

Analysis Prepared by: Scott Herbstman / A. & A.R. / (916) 319-3600 FN: 0000614

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 816

Author:(Kiley) – As Introduced Ver:February 15, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill requires the California Environmental Protection Agency (CalEPA) and the Natural Resources Agency (NRA) to webcast on-site public meetings. Specifically, this bill:

1. Requires each department, board, and office of CalEPA and each department, board, and commission of NRA to webcast all public meetings in a manner that enables listeners and viewers to ask questions and provide public comment, as specified.
   
2. Exempts the webcast requirements for meetings held at non-agency sites.
   
3. Requires recordings of webcasts to be archived for at least three years.
   
4. Exempts conservancies and the California Science Center from the webcast requirements.
   
5. Specifies that a technical failure to provide, archive, or post a webcast is not considered a violation of the requirements as long as an entity exercises reasonable diligence.

FISCAL EFFECT:

1. 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.”
2. 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.”

COMMENTS:

1. Purpose. According to the author, this bill will increase transparency and public participation. The author states "Before the introduction of internet streaming, it was highly unlikely that individuals living outside Sacramento had any hope of joining the conversation, despite being directly impacted by the policies being discussed. . . AB 816 helps ensure that interested parties of all backgrounds have the opportunity to participate in the discussion."
2. 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.

While many departments, boards, commissions, and offices within the CNRA and CalEPA currently webcast or record their meetings, few 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.

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.

1. Previous legislation.

AB 435 (Chang) of 2015 was nearly identical to this bill. It was held on Suspense in the Senate Appropriations Committee.

AB 1723 (Fuentes), Chapter 580, Statutes of 2012, required California Community Colleges, California State University and the Student Aid Commission, and requests that the University of California provide live video and audio transmission of all open meetings through widely available technology like television or web casts.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 17, 2017

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Cristina Garcia, Chair

ABPCA Bill Id:AB 816 (

Author:Kiley) – As Introduced Ver:February 15, 2017

SUBJECT: California Environmental Protection Agency: Natural Resources Agency: Web casts of public meetings and workshops

SUMMARY: Requires the California Environmental Protection Agency (CalEPA) and the Natural Resources Agency (NRA) to webcast on-site public meetings.

EXISTING LAW, pursuant to the Bagley-Keene Open Meeting Act, generally requires all state bodies to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public unless specifically authorized to meet in closed session.

THIS BILL:

1. Requires each department, board, and office of CalEPA and each department, board, and commission of NRA to webcast all public meetings in a manner that enables listeners and viewers to ask questions and provide public comment, as specified.
   
2. Exempts the webcast requirements for meetings held at non-agency sites.
   
3. Requires recordings of webcasts to be archived for at least three years.
   
4. Exempts conservancies and the California Science Center.
   
5. Specifies that a technical failure to provide, archive, or post a webcast is not considered a violation of the requirements as long as an entity exercises reasonable diligence.

FISCAL EFFECT: Unknown

COMMENTS:

Author's statement:

Before the introduction of internet streaming, it was highly unlikely that individuals living outside Sacramento had any hope of joining the conversation, despite being directly impacted by the policies being discussed. While technology has now made this type of engagement possible, government has not fully caught up. Under current law, there is no requirement for state agencies, boards, or commissions to allow for remove access to public meetings via webcast. Technology is now available to make this information readily available.

This bill. Currently both CalEPA and NRA offer webcasts of public meetings. However, not all public meetings are webcast, and they often do not allow for remote participation. This bill requires CalEPA and Resources to web cast all public meetings. The web casts must include live streaming over the Internet and allow remote participation. Specifically, the technology must allow listeners and viewers to ask questions and provide public comment by telephone or electronic communications in line with the participation opportunities of those physically attending the meeting.

According to the author, this bill will increase transparency and public participation. The author states "Before the introduction of internet streaming, it was highly unlikely that individuals living outside Sacramento had any hope of joining the conversation, despite being directly impacted by the policies being discussed. . . AB 816 helps ensure that interested parties of all backgrounds have the opportunity to participate in the discussion."

This bill exempts the agencies from web casting from non-agency sites, which it defines 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 offices take place." For example, the requirement would not apply if the meeting was held at a local library or community center. Additionally, this bill exempts conservancies and the California Science Center from web cast requirements.

Currently both CalEPA and Resources offer web casts of public meetings and some allow for remote participation. However, not all public meetings are available through web casts and they often do not allow for remote participation.

Additionally, this bill requires web casts to be archived and available online for at least three years.

Previous legislation. AB 435 (Chang) of 2015 was nearly identical to this bill. It was held in Senate Appropriations Committee.

Double referral. This bill was also referred to the Accountability and Administrative Review Committee, where is passed on a vote of 7-0.

REGISTERED SUPPORT / OPPOSITION:

Support

Associated Builders and Contractors of California
California Business Properties Association
California Chamber of Commerce
California Manufacturers and Technology Association
California Specialty Products Association
CALPASC
Industrial Environmental Association
Western Plastics Association

Opposition

None on file

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /

Date of Hearing: March 22, 2017

ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 816 (

Author:Kiley) – As Introduced Ver:February 15, 2017

SUBJECT: California Environmental Protection Agency: Natural Resources Agency: Web casts of public meetings and workshops

SUMMARY: Requires the California Environmental Protection Agency (CalEPA) and the Natural Resources Agency (Resources) to web cast on-site public meetings. Specifically, this bill:

1. Requires each department, board, and office of CalEPA and each department, board, and commission of Resources to provide these web casts.
2. Defines a web cast to mean a presentation over the Internet using live streaming media technology.
3. Exempts the web cast requirements for meetings held at non-agency sites.
4. Requires the web casts to include a method for viewers or listeners to participate remotely.
5. Requires recordings of web casts to be archived for at least three years.
6. Excludes conservancies and the California Science Center from web cast requirements.
7. Specifies that a technical failure to provide, archive, or post a web cast is not considered a violation of the requirements as long as an entity exercises reasonable diligence.

EXISTING LAW requires, with some exceptions, state meetings to be open to the public.

FISCAL EFFECT: Unknown

COMMENTS: This bill requires CalEPA and Resources to web cast all public meetings. The web casts must include live streaming over the Internet and allow remote participation. Specifically, the technology must allow listeners and viewers to ask questions and provide public comment by telephone or electronic communications in line with the participation opportunities of those physically attending the meeting.

According to the author, this bill will increase transparency and public participation. The author states "Before the introduction of internet streaming, it was highly unlikely that individuals living outside Sacramento had any hope of joining the conversation, despite being directly impacted by the policies being discussed. . . AB 816 helps ensure that interested parties of all backgrounds have the opportunity to participate in the discussion."

This bill exempts the agencies from web casting from non-agency sites, which it defines 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 offices take place." For example, the requirement would not apply if the meeting was held at a local library or community center. Additionally, this bill exempts conservancies and the California Science Center from web cast requirements.

Currently both CalEPA and Resources offer web casts of public meetings and some allow for remote participation. However, not all public meetings are available through web casts and they often do not allow for remote participation.

Additionally, this bill requires web casts to be archived and available online for at least three years.

PRIOR LEGISLATION: AB 435 (Chang) of 2015 was nearly identical to this bill. It was held on the Senate Appropriations Committee's Suspense File.

DOUBLE REFERRAL: Should this bill pass this committee, it will be re-referred to the Assembly Natural Resources Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California Chamber of Commerce

Opposition

None on file.

Analysis Prepared by: Scott Herbstman / A. & A.R. /