California Assembly Bill AB435 Amended / Bill

 BILL NUMBER: AB 435AMENDED BILL TEXT AMENDED IN SENATE AUGUST 18, 2015 AMENDED IN SENATE JUNE 25, 2015 AMENDED IN ASSEMBLY MAY 28, 2015 AMENDED IN ASSEMBLY MARCH 18, 2015 INTRODUCED BY Assembly Member Chang (Coauthors: Assembly Members Gallagher, Olsen, and Steinorth) (Coauthor: Senator Anderson) FEBRUARY 19, 2015 An act to add Sections 12805.4 and 12812.4 to the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGEST AB 435, as amended, Chang. California Environmental Protection Agency: Natural Resources Agency: Web casts of public meetings and workshops. 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12805.4 is added to the Government Code, to read: 12805.4. (a) For purposes of this section, the following terms have the following  meaning:   meanings:  (1) "Nonagency site" means 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. (2) "Web cast" means a media presentation distributed over the Internet using live streaming media technology to distribute content to listeners and viewers. (b)  Each   Except as provided in subdivisions (c)   and (d), each  department, board, and commission of the Natural Resources Agency shall 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 commensurate with those persons attending the meeting. The agency shall make the recording of a Web cast available online for no less than three years for subsequent viewing by interested members of the public. (c) The requirements of subdivision (b) do not apply to a conservancy or the California Science Center. This subdivision does not limit the authority of the agency to Web cast meetings of a conservancy or the California Science Center. (d) The requirements of subdivision (b) do not apply to public meetings held at nonagency sites. This subdivision does not limit the authority of the agency to Web cast meetings of any department, board, or commission held at a nonagency site.  (e) It is not a violation of this section if technical failures prevent a department, board, or commission from providing, archiving, or posting a Web cast, so long as the entity exercises reasonable diligence.  SEC. 2. Section 12812.4 is added to the Government Code, to read: 12812.4. (a) For purposes of this section, the following terms have the following  meaning:   meanings:  (1) "Nonagency site" means 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. (2) "Web cast" means a media presentation distributed over the Internet using live streaming media technology to distribute content to listeners and viewers. (b)  Each   Except as provided in subdivision (d), each  department, board, and office of the California Environmental Protection Agency shall 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 commensurate with those persons attending the meeting. The agency shall make the recording of a Web cast available online for no less than three years for subsequent viewing by interested members of the public. (c) The deputy secretary for external affairs shall be responsible for implementation of this section. (d) The requirements of subdivision (b) do not apply to public meetings held at nonagency sites. This subdivision does not limit the authority of the agency to Web cast meetings of any department, board, or office held at a nonagency site.  (e) It is not a violation of this section if technical failures prevent a department, board, or office from providing, archiving, or posting a Web cast, so long as the entity exercises reasonable diligence.