April 10, 1997

Analysis of AB 1169 (Shelley)

SUMMARY

AB 1169 would require the Resources Agency and the California Environmental Protection Agency, and every State agency within those agencies to post, on an appropriate information page on the internet, specified information including information concerning meetings. The bill would require those agencies, in addition to providing information that is accessible by personal computer, to continue to make printed copies of all information and documents pertaining to matters within the agency's jurisdiction available to the public at a reasonable cost.

ANALYSIS

History and Sponsorship: This bill is sponsored by the Mountain Lion Association.

Existing Law: Requires the Coastal Commission to provide information to the public and to provide proper notice of meetings on issues and matters within the Commission’s jurisdiction.

This Bill: This bill would require the Commission to post the following information on the Internet:

1. The Commission’s agenda and information packet;
2. Information on regulatory changes, proposals, and any comments pertaining to those regulatory changes or proposals;
3. Staff memoranda and letters from the agency that are not confidential and pertain to issues that the agency is considering;
4. All minutes, proceedings, and transcripts of any meetings of the agency that are open to the public;
5. All legislative analyses and comments on issues that relate to environmental matters within the agency's jurisdiction.

Any information that is not made available as required by this section may not be considered at any meeting of the agency until properly noticed, and may only be considered at a subsequent meeting.

Discussion: The Coastal Commission’s core mission of balancing the use and protection of coastal resources, mandated by voter initiative and the California Coastal Act of 1976, is conducted through a legally-required process that includes the analysis of environmental and socioeconomic information, written documentation and presentation of information, and extensive internal and external communication and coordination activities. At present, the Commission continues to rely primarily on antiquated Wang word and data processing systems acquired in the early 1980s to carry out these mandated activities.

Using computer equipment acquired in conjunction with a federally-funded grant project, the Commission has developed a web-site which is currently being implemented and managed by the Commission’s Librarian in order to provide broader and more timely access by the public to information about the commission, regulatory information (e.g., meeting agendas and notices), legislative information, and special reports.

Currently the administration, through the budget process, is proposing to acquire the computer equipment required to bring the Commission’s computer infrastructure up to current industry standards. However, AB 1169 would impose requirements that the Commission would not be able to meet even with the proposed computer system.

From a policy perspective, this bill’s objectives would be more appropriate as mid-range goals (3-5 years) for providing public information on the Internet. From a fiscal perspective, current technology is not at a point to make the posting of the amount of information required by this bill cost effective. A typical monthly Commission agenda lasts for four days and addresses nearly one hundred coastal development permit applications, permit appeals, local coastal plan amendments, and other regulatory action items.

Under the provisions of this bill, the Commission could not hear any agenda item that does not meet the full posting requirements of the bill. This could result in certain permits to be deemed approved without Commission review due to time constraints imposed by the Coastal Act and the Permit Streamlining Act.

FISCAL IMPACT

Provided that the Commission receives the computer infrastructure proposed by the Governor’s FY 97-98 budget, the Commission would require an additional budget augmentation of $180,000-$240,000 for personal services and equipment to meet the requirements of this bill.

RECOMMENDATION

Staff recommends that the Commission OPPOSE AB 1169, unless amended to provide the necessary funding and additional time (3-5 years) to implement the provisions of the bill.

For more information contact Jeff Stump, Legislative Coordinator, at (916) 445-6067. (Adopted 4/10/97)


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