AB 557: Open meetings: local agencies: teleconferences.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State - Chapter 534, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Existing law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
This bill would revise the authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect. Specifically, the bill would extend indefinitely that authority in the circumstances under which the legislative body either (1) meets for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (2) has previously made that determination. The bill would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency to not later than 45 days after the first teleconferenced meeting, and every 45 days thereafter, in order to continue to meet under the abbreviated teleconferencing procedures.
The bill would additionally make nonsubstantive changes to those provisions and correct erroneous cross-references.
(2)This bill would incorporate additional changes to Section 54953 of the Government Code proposed by SB 537 to be operative only if this bill and SB 537 are enacted and this bill is enacted last.
(3)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(1)Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Existing law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
This bill would revise the authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect. Specifically, the bill would extend indefinitely that authority in the circumstances under which the legislative body either (1) meets for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (2) has previously made that determination. The bill would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency to not later than 45 days after the first teleconferenced meeting, and every 45 days thereafter, in order to continue to meet under the abbreviated teleconferencing procedures.
The bill would additionally make nonsubstantive changes to those provisions and correct erroneous cross-references.
(2)This bill would incorporate additional changes to Section 54953 of the Government Code proposed by SB 537 to be operative only if this bill and SB 537 are enacted and this bill is enacted last.
(3)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(1)Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Existing law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
This bill would revise the authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect. Specifically, the bill would extend indefinitely that authority in the circumstances under which the legislative body either (1) meets for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (2) has previously made that determination. The bill would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency to not later than 45 days after the first teleconferenced meeting, and every 45 days thereafter, in order to continue to meet under the abbreviated teleconferencing procedures.
The bill would additionally make nonsubstantive changes to those provisions and correct erroneous cross-references.
(2)This bill would incorporate additional changes to Section 54953 of the Government Code proposed by SB 537 to be operative only if this bill and SB 537 are enacted and this bill is enacted last.
(2)(3)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(1)Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health, as specified. effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Existing law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
This bill would extend the above-described revise the authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing provisions procedures when a declared state of emergency is in effect, or in other situations related to public health, as specified, indefinitely. effect. Specifically, the bill would extend indefinitely that authority in the circumstances under which the legislative body either (1) meets for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (2) has previously made that determination. The bill would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency and social distancing to not later than 45 days after the first teleconferenced meeting, and every 45 days thereafter, in order to continue to meet under the abbreviated teleconferencing procedures.
The bill would additionally make nonsubstantive changes to those provisions and correct erroneous cross references . cross-references.
(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(1)Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health, as specified. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Existing law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
This bill would extend the above-described abbreviated teleconferencing provisions when a declared state of emergency is in effect, or in other situations related to public health, as specified, indefinitely. The bill would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency and social distancing to not later than 45 days after the first teleconferenced meeting, and every 45 days thereafter, in order to continue to meet under the abbreviated teleconferencing procedures.
The bill would additionally make nonsubstantive changes to those provisions and correct erroneous cross references .
(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 1.5.Section 54953 of the Government Code, as amended by Section 1 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(E)An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 54953 of the Government Code, as amended by Section 2 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(i)For the purposes of this section, the following definitions shall apply:
(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(2)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(j)This section shall become operative January 1, 2026.
SEC. 3.Section 54953 of the Government Code, as added by Section 3 of Chapter 285 of the Statutes of 2022, is repealed.SEC. 4.Section 1.5 of this bill incorporates amendments to Section 54953 of the Government Code proposed by this bill and Senate Bill 537. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Senate Bill 537, in which case Section 54953 of the Government Code, as amended by Senate Bill 537, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.
SEC. 5.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings.
(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 1.5.Section 54953 of the Government Code, as amended by Section 1 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(E)An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 54953 of the Government Code, as amended by Section 2 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(i)For the purposes of this section, the following definitions shall apply:
(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(2)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(j)This section shall become operative January 1, 2026.
SEC. 3.Section 54953 of the Government Code, as added by Section 3 of Chapter 285 of the Statutes of 2022, is repealed.SEC. 4.Section 1.5 of this bill incorporates amendments to Section 54953 of the Government Code proposed by this bill and Senate Bill 537. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Senate Bill 537, in which case Section 54953 of the Government Code, as amended by Senate Bill 537, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.
SEC. 5.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings.
(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 1.5.Section 54953 of the Government Code, as amended by Section 1 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.(B)(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 45 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) (A) or (B) of paragraph (1), and every 30 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)Any of the following circumstances exist:(i)(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)State or local officials continue to impose or recommend measures to promote social distancing.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(E)An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2024, 2026, and as of that date is repealed.
SEC. 2.Section 54953 of the Government Code, as amended by Section 2 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(i)For the purposes of this section, the following definitions shall apply:
(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(2)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(j)This section shall become operative January 1, 2026.
SEC. 3.Section 54953 of the Government Code, as added by Section 3 of Chapter 285 of the Statutes of 2022, is repealed.SEC. 4.Section 1.5 of this bill incorporates amendments to Section 54953 of the Government Code proposed by this bill and Senate Bill 537. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Senate Bill 537, in which case Section 54953 of the Government Code, as amended by Senate Bill 537, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.
SEC. 4.SEC. 5.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings.
(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.(B)(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)Any of the following circumstances exist:(i)(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)State or local officials continue to impose or recommend measures to promote social distancing.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 54953 of the Government Code, as amended by Section 2 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any either of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.(B)(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)Any of the following circumstances exist:(i)(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)State or local officials continue to impose or recommend measures to promote social distancing.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(i)For the purposes of this section, the following definitions shall apply:
(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(2)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(j)This section shall become operative January 1, 2026.
SEC. 3.Section 54953 of the Government Code, as added by Section 3 of Chapter 285 of the Statutes of 2022, is repealed.SEC. 4.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings.
(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 45 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)Any of the following circumstances exist:
(i)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)State or local officials continue to impose or recommend measures to promote social distancing.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)(1)The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(i)A two-way audiovisual platform.
(ii)A two-way telephonic service and a live webcasting of the meeting.
(B)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:
(A)One of the following circumstances applies:
(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.
(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B)The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.
(C)The member shall participate through both audio and visual technology.
(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
(g)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(i)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(j)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.
(2)Just cause means any of the following:
(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.
(B)A contagious illness that prevents a member from attending in person.
(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D)Travel while on official business of the legislative body or another state or local agency.
(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(6)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.
(8)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k)This section shall remain in effect only until January 1, 2024, 2026, and as of that date is repealed.
SEC. 2.Section 54953 of the Government Code, as amended by Section 2 of Chapter 285 of the Statutes of 2022, is amended to read:54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A)All votes taken during a teleconferenced meeting shall be by rollcall.
(B)The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(C)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.
(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). subdivisions (d) and (e).
(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following:
(A)The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(i)A two-way audiovisual platform.(ii)A two-way telephonic service and a live webcasting of the meeting.if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(B)(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(C)The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.(D)(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
(F)(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(2)A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met:(A)One of the following circumstances applies:(i)The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.(ii)The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:(I)A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely.(II)The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.(B)The member shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with any such individuals.(C)The member shall participate through both audio and visual technology.(3)The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.
(3)If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)Any of the following circumstances exist:
(i)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)State or local officials continue to impose or recommend measures to promote social distancing.
(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2)Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
(i)For the purposes of this section, the following definitions shall apply:
(1)Emergency circumstances means a physical or family medical emergency that prevents a member from attending in person.(2)Just cause means any of the following:(A)A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2.(B)A contagious illness that prevents a member from attending in person.(C)A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (f).(D)Travel while on official business of the legislative body or another state or local agency.(3)Remote location means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (e), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.(4)Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(5)(2)Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(6)Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function.(7)Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.(8)Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.(j)This section shall become operative January 1, 2024, shall remain in effect only until January 1, 2026, and as of that date is repealed.(j)This section shall become operative January 1, 2026.
SEC. 3.Section 54953 of the Government Code, as added by Section 3 of Chapter 285 of the Statutes of 2022, is repealed.54953.(a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b)(1)Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2)Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.(3)If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.(4)For the purposes of this section, teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.(c)(1)No legislative body shall take action by secret ballot, whether preliminary or final.(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3)Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.(e)This section shall become operative January 1, 2026.SEC. 4.The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State - Chapter 534, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 15, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3190.). |
| Sep 7, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77. |
| Sep 7, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2461.). |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read third time and amended. Ordered to second reading. |
| Jun 29, 2023 | Read second time. Ordered to third reading. |
| Jun 28, 2023 | From committee: Do pass. (Ayes 11. Noes 0.) (June 27). |
| Jun 19, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 7, 2023 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 7). Re-referred to Com. on JUD. |
| May 24, 2023 | Referred to Coms. on GOV. & F. and JUD. |
| May 16, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 15, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1547.) |
| May 1, 2023 | Read second time. Ordered to third reading. |
| Apr 27, 2023 | From committee: Do pass. (Ayes 8. Noes 0.) (April 26). |
| Apr 27, 2023 | Coauthors revised. |
| Feb 17, 2023 | Referred to Com. on L. GOV. |
| Feb 9, 2023 | From printer. May be heard in committee March 11. |
| Feb 8, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2023 | AB 557 Hart Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 7, 2023 | Assembly 3rd Reading AB557 Hart et al. By Ashby | Senate Floor |
Passed |
|
| Jun 27, 2023 | Do pass | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 7, 2023 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 15, 2023 | AB 557 Hart Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 26, 2023 | Do pass. | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Mosquito Abatement District | ** Support | |
| Alameda County Resource Conservation District | ** Support | |
| American Council of Engineering Companies | * Support | Jun 7, 2023 |
| Anderson Valley Community Services District / Fire Department | ** Support | |
| Antelope Valley Mosquito and Vector Control District | ** Support | |
| Arbuckle Parks and Recreation District | ** Support | |
| Arcade Creek Recreation And Park District | ** Support | |
| Artesia Cemetery District | ** Support | |
| Association of California Healthcare Districts | ** Support | |
| Association Of California School Administrators | * Support | Jun 27, 2023 |
| Association Of California Water Agencies | * Support | Jun 7, 2023 |
| Association of Recreation & Park Districts | ** Support | |
| Bear Valley Water District | ** Support | |
| BeaumontCherry Valley Water District | ** Support | |
| Board of Supervisors Santa Cruz County | * Support | Apr 26, 2023 |
| Bodega Bay Public Utility District | ** Support | |
| Burbank Sanitary District | ** Support | |
| California Association of Public Authorities | * Support | Jun 7, 2023 |
| California Association Of Public Authorities For Ihss | ** Support | |
| California Association Of Recreation & Park Districts | ** Support | |
| California Disability Rights | * Support | Jun 27, 2023 |
| California Downtown Association | ** Support | |
| california in-home supportive services consumer alliance | ** Support | |
| California Municipal Utilities Association | ** Support | |
| California School Board Association | ** Support | |
| California Special Districts Association | ** Support | |
| California State Association Of Counties | ** Support | |
| California Transit Association | ** Support | Jun 27, 2023 |
| California Travel Association | ** Support | |
| CalTrans | * Support | Jun 7, 2023 |
| Calwa Recreation and Park District | ** Support | |
| Cameron Estates Community Services District | ** Support | |
| Carpinteria Valley Water District | ** Support | |
| Central Contra Costa Sanitary District | ** Support | |
| Chico Area Recreation and Park District | ** Support | |
| Chino City Of | * Support | Apr 26, 2023 |
| Chino Valley Fire District | ** Support | |
| City Clerks Association of California | ** Support | |
| City of Belmont | ** Support | |
| city of carlsbad | ** Support | |
| City of Downey | ** Support | |
| City Of Goleta | * Support | Jun 27, 2023 |
| City of Lafayette, CA | * Support | Apr 26, 2023 |
| City of Moorpark | ** Support | |
| City of Mountain View | ** Support | |
| City of Norwalk | ** Support | |
| City of Rancho Cucamonga | ** Support | |
| City of Redwood City | ** Support | |
| City Of San Diego | * Support | Apr 26, 2023 |
| City of Santa Monica | ** Support | Jun 7, 2023 |
| City of Santa Rosa | ** Support | |
| City of Thousand Oaks | ** Support | |
| City Of Visalia | ** Support | |
| City of West Hollywood | ** Support | |
| City of Woodland | ** Support | |
| Coachella Valley Public Cemetery District | ** Support | |
| Coachella Valley Water District | ** Support | |
| Coastside County Water District | ** Support | |
| Common Cause California | ** Against | |
| Contra Costa Mosquito and Vector Control District | ** Support | |
| Copper Cove Rocky Road Community Service District | ** Support | |
| Cortina Community Services District | ** Support | |
| Cosumnes Community Services District | ** Support | |
| County Association of Governments of San Mateo County | * Support | Jun 27, 2023 |
| County of Monterey | ** Support | |
| County Of San Diego | ** Support | |
| County of Santa Barbara Board of Supervisors | * Support | Jun 7, 2023 |
| County of Santa Cruz | ** Support | |
| County of Sonoma | ** Support | |
| Davis Cemetery District | ** Support | |
| Delta Diablo | ** Support | |
| Desert Recreation District | ** Support | |
| Donner Summit Public Utility District | ** Support | |
| East Bay Community Energy | ** Support | |
| East Kern Health Care District | ** Support | |
| Eden Health District | ** Support | |
| Fall River Resource Conservation District | ** Support | |
| Feather River Resource Conservation District | ** Support | |
| Fresno Mosquito And Vector Control District | ** Support | |
| Fulton-El Camino Recreation And Park District | ** Support | |
| Gold Mountain Community Services District | ** Support | |
| Golden Valley Municipal Water District | ** Support | |
| Goleta West Sanitary District | ** Support | |
| Grossmont Healthcare District | ** Support | |
| Groveland Community Services District | ** Support | |
| Health Officers Association Of California | ** Support | |
| Helix Water District | ** Support | |
| Hi-Desert Water District | ** Support | |
| Hidden Valley Lake Community Services District | ** Support | |
| Hilmar County Water District | ** Support | |
| Indian Wells Valley Water District | ** Support | |
| Inverness Public Utility District | ** Support | |
| Ironhouse Sanitary District | ** Support | |
| Irvine Ranch Water District | ** Support | |
| Karr Advocacy Strategies | ** Support | |
| Kern County Cemetery District No. 1 | ** Support | |
| Keyes Community Services District | ** Support | |
| Ladera Recreation District | ** Support | |
| Lake Oroville Area Public Utility District | ** Support | |
| League Of California Cities | ** Support | |
| Local Government Commission | * Support | Apr 26, 2023 |
| Los Angeles County Office Of Education | ** Support | |
| Los Angeles County Sanitation Districts | ** Support | |
| Los Angeles Unified School District | ** Support | |
| Marin City Community Services District | ** Support | |
| Marin County Council of Mayors and Council Members | ** Support | |
| McKinleyville Community Services District | ** Support | |
| Mckinney Water District | ** Support | |
| Mendocino County Russian River Flood Control & Water Conservation | ** Support | |
| Mi Wuk Sugar Pine Fire Protection District | ** Support | |
| Midpeninsula Regional Open Space District | ** Support | |
| Mojave Desert Resource Conservation District | ** Support | |
| Monte Rio Recreation and Park District | ** Support | |
| Monte Vista Water District | ** Support | |
| Montecito Fire Protection District | ** Support | |
| Monterey Salinas Transit | * Support | Jun 27, 2023 |
| Mosquito & Vector Management District of Santa Barbara County | ** Support | |
| Mt. View Sanitary District | ** Support | |
| Muir Beach Community Services District | ** Support | |
| Murphys Sanitary District | ** Support | |
| Napa Valley Transportation Authority | ** Support | |
| Nevada Sierra Connecting Point Public Authority | ** Support | |
| Nielsen Merksamer | * Support | Jun 27, 2023 |
| North County Fire Protection District | ** Support | |
| North Sonoma Coast Fire Protection District | ** Support | |
| Novato Sanitary District | ** Support | |
| Olympic Valley Public Service District | ** Support | |
| Orange County Cemetery District | ** Support | |
| Orange County Local Agency Formation Commission | ** Support | |
| Orange County Water District | ** Support | |
| Palm Springs Cemetery District | ** Support | |
| Palos Verdes Library District | ** Support | |
| Pauma Valley Community Services District | ** Support | |
| Peninsula Traffic Congestion Relief Alliance | ** Support | |
| Pioneer Community Energy | ** Support | |
| Pit Resource Conservation District | ** Support | |
| Placer County Air Pollution Control District | ** Support | |
| Placer County Water Agency | ** Support | |
| Pleasant Valley Recreation And Park District | ** Support | |
| Ponderosa Community Services District | ** Support | |
| Rancho Simi Recreation and Park District | ** Support | |
| Reclamation District 1000 | ** Support | |
| Richardson Bay Sanitary District | ** Support | |
| Riechel Reports Blog | ** Support | |
| Rolling Hills Community Services District | ** Support | |
| Ross Valley Sanitary District | ** Support | |
| Rowland Water District | ** Support | |
| Running Springs Water District | ** Support | |
| Rural County Representatives of California | ** Support | |
| Sacramento Area Council Of Governments | * Support | Apr 26, 2023 |
| Sacramento Metropolitan Fire District | ** Support | |
| San Diego County Of | ** Support | |
| San Diego County Water Authority | ** Support | |
| San Gorgonio Pass Water Agency | ** Support | |
| San Mateo County | * Support | Jun 7, 2023 |
| San Mateo County Harbor District | ** Support | |
| San Mateo County Transit District | ** Support | |
| San Mateo County Transportation Authority | ** Support | |
| San Mateo; County Of | ** Support | |
| San Ramon Valley Fire Protection District | ** Support | |
| Santa Clara Valley Open Space Authority | ** Support | |
| Santa Clara Valley Water District | ** Support | |
| Santa Cruz Board of Supervisors | * Support | Jun 7, 2023 |
| Santa Margarita Water District | ** Support | |
| Santa Ynez Community Services District | ** Support | |
| Santa Ynez River Water Conservation District | ** Support | |
| Shaw Yoder Antwih Schmelzer & Lange | * Support | Jun 7, 2023 |
| Small School Districts Association | ** Support | |
| SMUD | * Support | Apr 26, 2023 |
| SoCal Creek Water District | * Support | Jun 7, 2023 |
| Sonoma County Water Agency | ** Support | |
| South Coast Air Quality Management District | * Support | Jun 27, 2023 |
| South Coast Water District | ** Support | |
| Southern California Association Of Governments | ** Support | |
| Southern Marin Fire Protection District | ** Support | |
| Southwest Healthcare District | ** Support | |
| Stallion Springs Community Services District | ** Support | |
| Stege Sanitary District | ** Support | |
| Stockton East Water District | ** Support | |
| Stockton Port District | ** Support | |
| Stop Waste | * Support | Jun 7, 2023 |
| Strawberry Fire Protection District | ** Support | |
| Tahoe City Public Utility District | ** Support | |
| Tamalpais Community Services District | ** Support | |
| Templeton Community Services District | ** Support | |
| The Urban Counties of California | * Support | Jun 27, 2023 |
| Three Valleys Municipal Water District | ** Support | |
| Town Of Discovery Bay Community Services District | ** Support | |
| Town of Hillsborough | ** Support | |
| Transportation Agency For Monterey County | ** Support | |
| Trinity County Resource Conservation District | ** Support | |
| Truckee Sanitary District | ** Support | |
| Tulare Mosquito Abatement District | ** Support | |
| Tuolumne County Board of Supervisors | * Support | Apr 26, 2023 |
| Tuolumne Fire District | ** Support | |
| Twain Harte Community Services District | ** Support | |
| Valley Center Fire Protection District | ** Support | |
| Vandenberg Village Community Services District | ** Support | |
| Vista Irrigation District | ** Support | |
| Walnut Valley Water District | ** Support | |
| Water Replenishment District Of Southern California | ** Support | |
| West Kern Water District | ** Support | |
| west valley mosquito and vector control district | ** Support | |
| Yolo County In-Home Supportive Services Advisory Committee | * Support | Apr 26, 2023 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 557
Author:(Hart)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Eliminates the sunset date on provisions of law allowing local agencies to use teleconferencing without complying with specified Ralph. M Brown Act (Brown Act) requirements during a proclaimed state of emergency.
Senate Amendments
- Remove references to the authority for a legislative body to hold a meeting via teleconference when state or local officials have imposed or recommended measures to promote social distancing, as specified.
- Contain language to avoid chaptering issues with SB 537 (Becker) of the current legislative session.
COMMENTS
AB 361 (Robert Rivas), Chapter 165, Statutes of 2021 allowed exemptions to the Brown Act's teleconferencing requirements during a proclaimed state of emergency.
Specifically, AB 361 authorized a local agency's legislative body to use teleconferencing for a public meeting without having to post agendas at each teleconference location, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and require at least a quorum of the legislative body to participate from within the local agency's jurisdiction. This flexibility was limited to the following circumstances:
- A legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
- A legislative body holds a meeting during a proclaimed state of emergency for purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
- A legislative body holds a meeting during a proclaimed state of emergency and has determined by majority vote pursuant to b), above, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
AB 361 required a legislative body that chooses to use its provisions to meet the following requirements:
- Notice and Agenda. A legislative body must give notice of the meeting and post agendas as otherwise required by the Brown Act.
- Public Access. A legislative body must allow members of the public to access the meeting, and the agenda must provide an opportunity for members of the public to address the legislative body directly. The legislative body must give notice of the means by which members of the public may access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via call-in option or an internet-based service option. The legislative body need not provide a physical location from which the public may attend or comment.
- Meeting Disruptions. In the event of a disruption that prevents the agency from broadcasting the meeting to the public using the call-in or internet-based service options, or in the event of a disruption within the local agency's control that prevents the public from offering public comments using the call-in or internet-based service options, the legislative body must take no further action until public access is restored. Actions taken on agenda items during a disruption may be challenged as provided in the Brown Act.
- Public Comment. The legislative body may not require public comments to be submitted in advance, and it must provide an opportunity for the public to address the legislative body and offer comment in real time. The legislative body may use an online third-party system for individuals to provide public comment that requires registration with the system before providing comment. If a legislative body provides a timed public comment period, it may not close the comment period or the time to register until the timed period has elapsed. If the legislative body does not provide a time-limited comment period, it must allow a reasonable time for the public to comment on each agenda item and to register as necessary.
If a state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the legislative body must make specified findings every 30 days in order to continue using the exemptions provided by AB 361. As an urgency measure, AB 361 went into effect on September 16, 2021. It remains in effect until January 1, 2024.
According to the Author
While the COVID-19 state of emergency is nearing its end, it is still essential that our local agencies continue to have the flexibility to meet remotely during emergencies that would make meeting in person dangerous or nearly impossible. AB 557 is a simple but important tool for local governments to continue to be accessible to the public during a governor-declared state of emergency and continue to provide essential services to residents impacted.
Arguments in Support
A coalition of supporters, including the California Special Districts Association and the League of California Cities, sponsors of the measure, write, "The changes made to California Government Code section 54953 by Assembly Bill 361 (R. Rivas, 2021) were of vital importance to local agencies looking to meet during the COVID-19 pandemic in order to continue to conduct the people's business. These changes were necessary in order to permit local agencies to meet during a time that it would have otherwise been impossible to meet in-person safely. Important safeguards were included to ensure transparency and accountability, including the fact that the emergency provisions were only applicable in instances where the California Governor had declared a state of emergency.
"While California seeks to transition to a post-COVID era, the threat of additional emergencies remains, as has been made abundantly clear by recent flooding and wildfires. Absent any legislative intervention, the processes established by AB 361 to provide remote meeting flexibility to local agencies in emergency circumstances will expire at the end of this year. To remain best equipped to address future emergencies and allow local agencies to effectively react and respond, AB 557 would eliminate the sunset on the emergency remote meeting procedures added to California Government Code section 54953. Additionally, AB 557 would adjust the timeframe for the resolutions passed to renew an agency's temporary transition to emergency remote meetings to 45 days, up from the previous number of 30 days. This legislation will preserve an effective tool for local agencies facing emergencies that would otherwise prevent them from conducting the people's business when faced with an emergency."
Arguments in Opposition
California Common Cause writes, "The current drafting of AB 557 presents a dangerous potential for local governments to abuse their local discretion to utilize this tool. Local jurisdictions are granted broad discretion when determining whether or not to impose or recommend social distancing, which, separate from a declared state of emergency, appears to trigger exemption from in-person meetings under the bill. After holding a first meeting remotely due to a state of emergency subject to certain specifications, Cal. Gov. Sec. 54953(e)(3) states "If a state of emergency remains active, OR state or local officials have imposed or recommended measures to promote social distancing..." then the legislative body shall be allowed to continue to hold remote-only meetings if they make one of multiple findings every 45 days, including the existence of, or recommendation for, social distancing measures. We fear that this provision does not require the state of emergency to still be in effect as long as the local government is promoting social distancing, providing the potential for manipulation of these recommendations in order to influence public participation at meetings. If this is not the intent of the legislation, we ask that this be amended to provide clarity.
"AB 557 also lacks additional transparency and accountability safeguards for fully remote meetings that were carefully negotiated by open government stakeholders into AB 2449 (Rubio, Chaptered 2022) just last year. AB 2449 allows members of a local legislative body to participate remotely for "just cause," but still: 1) requires a quorum of members to participate from a publicly accessible physical location inside the jurisdiction; 2) requires members participating remotely to disclose certain individuals who may be in the room with them and thus potentially communicating with or even influencing them; and 3) requires members participating remotely to participate with both audio and visual technology, so the public can clearly see reactions and the engagement of officials with the discussion.
"AB 557 lacks all of these protections for accountability, and additionally does not provide any accommodation for public participation by those who may not have access to call-in or internet-based options, such as by providing one physical location the public may view the meeting and participate from. While remote options can help to increase public participation by increasing convenience, not all Californians have access to technology to participate this way or wish to do so. Many of our transparency and accountability safeguards were lost during the COVID-19 pandemic in exchange for quick action to keep people safe and continue government business. However, we must be more thoughtful and protective of the public interest when looking to create schemes for remote meetings in the future. AB 557 will permanently alter the Brown Act in ways that carry the potential to enable abuse of discretion to utilize fully remote meetings, and without important transparency and accountability safeguards."
FISCAL COMMENTS
None
VOTES:
ASM LOCAL GOVERNMENT: 8-0-0
YES: Aguiar-Curry, Dixon, Boerner, Pacheco, Ramos, Robert Rivas, Waldron, Wilson
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Friedman, Waldron
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: September 1, 2023
CONSULTANT: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0002025
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 557 |
THIRD READING
Bill No: AB 557
Author: Hart (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 8-0, 6/7/23
AYES: Caballero, Seyarto, Blakespear, Dahle, Durazo, Glazer, Skinner, Wiener
SENATE JUDICIARY COMMITTEE: 11-0, 6/27/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
ASSEMBLY FLOOR: 78-0, 5/15/23 - See last page for vote
SUBJECT: Open meetings: local agencies: teleconferences
SOURCE: California School Board Association
California Special Districts Association
California State Association of Counties
League of California Cities
DIGEST:
This bill eliminates the sunset date for allowing local agencies to use teleconferencing without complying with specified teleconferencing requirements during a proclaimed state of emergency.
Senate Floor Amendments of 9/1/23 address chaptering conflicts with SB 537 (Becker).
ANALYSIS:
Existing law:
- Guarantees, pursuant to Article I, Section 3 of the California Constitution, that “the people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.” This includes a right to access information concerning the meetings and writings of public officials.
- Requires, pursuant to the Constitution, local agencies to comply with certain state laws that outline the basic requirements for public access to meetings and public records. If a subsequent bill modifies these laws, it must include findings demonstrating how it furthers the public’s access to local agencies and their officials.
- Provides, under the Ralph M. Brown Act, guidelines for how local agencies must hold public meetings:
- Defines a “meeting” as “any congregation of a majority of the members of a legislative body at the same time and location, including teleconference locations, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.”
- Requires local agencies to notice meetings in advance, including the posting of an agenda, and requires these meetings to be open and accessible to the public.
- Requires members of the public to have an opportunity to comment on agenda items, and generally prohibits deliberation or action on items not listed on the agenda.
- If a member of the public, including the respective district attorney, believes a local agency violated the Brown Act, it must first send an order to the local agency to correct the violation. If the local agency disagrees with the complaint and does not correct it, the submitter can pursue the complaint through the courts. If the court agrees with the complaint, outcomes range from invalidating certain actions of the local agency to a misdemeanor.
- Authorizes the legislative body of a local agency to use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law, provided that the teleconferenced meeting complies with all of the following conditions:
- Teleconferencing, as authorized, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting must be by rollcall.
- If the legislative body elects to use teleconferencing, it must post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or in the public appearing before the legislative body of the local agency.
- Each teleconferencing location must be identified in the notice and agenda of the meeting or proceeding, and each teleconference location must be accessible to the public.
- During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercised jurisdiction, except as otherwise specified.
- The agenda must provide an opportunity for members of the public to address the legislative body directly, as the Brown Act requires for in-person meetings, at each teleconference location.
- For purposes of these requirements, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
- Authorizes a local agency to use teleconferencing for a public meeting without complying with the Brown Act’s teleconferencing quorum, meeting notice, and agenda requirements, in any of the following circumstances:
- The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing;
- The legislative body holds a meeting during a proclaimed state of emergency for purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees; and
- The legislative body holds a meeting during a proclaimed state of emergency and has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
- Provides that a legislative body holding a teleconferenced meeting pursuant to the Brown Act exception provided in 5) is subject to the following requirements:
- The legislative body must give notice of the meeting and post agendas as otherwise required by the Brown Act.
- The legislative body must allow members of the public to access the meeting, and the agenda must provide an opportunity for members of the public to address the legislative body directly pursuant to Brown Act requirements as specified. The agenda must identify and include an opportunity for all persons to attend via call-in option or an internet-based service option. The legislative body need not provide a physical location from which the public may attend or comment.
- The legislative body must conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body.
- In the event of a disruption that prevents the public agency from broadcasting the meeting to members of the public using the call-in or internet-based service options, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in or internet-based service options, the legislative body must take no further action on items appearing on the meeting agenda until public access to the meeting is restored. Actions taken on agenda items during a disruption preventing the broadcast of the meeting may be challenged as provided in the Brown Act.
- The legislative body may not require public comments to be submitted in advance of the meeting, and it must provide an opportunity for the public to address the legislative body and offer comment in real time.
- The legislative body may use an online third-party system for individuals to provide public comment that requires an individual to register with the system prior to providing comment.
- If a legislative body provides a timed public comment period, it may not close the comment period or the time to register to provide comment until the timed period has elapsed. If the legislative body does not provide a time-limited comment period, it must allow a reasonable time for the public to comment on each agenda item and to register as necessary.
- Provides that if the state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the legislative body must, in order to continue meeting subject to this exemption to the Brown Act, no later than 30 days after it commences using the exemption, and every 30 days thereafter, make specified findings by majority vote.
- Provides that the provisions relating to the Brown Act in 5) through 7) above will remain in effect only until January 1, 2024.
- Allows members of legislative bodies to participate remotely for “just cause” and “emergency circumstances” without noticing their teleconference location or making that location public, provided the local agency meets the requirements described in 6), as well as the following:
- One of the following circumstances applies:
- The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. These provisions cannot be used by any member of the legislative body for more than two meetings per calendar year.
- The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request.
- When a member uses this flexibility, they must participate through both audio and visual technology, and publicly disclose whether any other individuals 18 years of age or older are present at the teleconference location and the member’s relationship with any such individuals.
- Additionally, a member of a legislative body cannot participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
- One of the following circumstances applies:
- Provides that “just cause” includes childcare or caregiving needs, contagious illnesses, need related to physical or mental disabilities not otherwise accommodated, and travel while on official business of a public body. “Emergency circumstances” are a physical or family medical emergency.
- Provides that the provisions relating to the Brown Act in 9) through 10) above will remain in effect only until January 1, 2026.
This bill:
- Eliminates the January 1, 2024, sunset date on the Brown Act’s provisions providing teleconferencing flexibility during a proclaimed state of emergency.
- Changes the frequency with which a legislative body must make specified findings in order to continue to teleconference as specified above, from every 30 days to every 45 days.
- Continues to allow legislative bodies to teleconference meetings during proclaimed states of emergency as specified above, but no longer allows local agencies to continue to hold meetings if a state of emergency ends, but state or local officials continue to impose or recommend measures to promote social distancing.
Background
To control the spread of COVID-19, California, and other states, issued mandatory “stay-at-home” orders. Public agencies also had to adjust to new ways of conducting business because of the public safety risk associated with meeting in person. In March 2020, the Governor issued Executive Order N-29-20, which provided local agencies with more flexibility to use teleconferencing without making those teleconference locations accessible to the public. On June 11, the Governor issued Executive Order N-08-21 notifying local agencies and the public that previous executive orders concerning the conduct of public meetings would apply through September 30, 2021. Despite the executive order, both local and state governing bodies remained concerned about their ongoing ability to teleconference without having to disclose the location of teleconferencing members or make that location accessible to the public. The Legislature later enacted AB 361 (Robert Rivas, Chapter 165, Statutes of 2021) which allowed, until January 1, 2024, local agencies to use teleconferencing without complying with specified Brown Act restrictions in certain state-declared emergencies.
Comments
- Purpose of the bill. According to the author, “While the COVID-19 state of emergency is nearing its end, it is still essential that our local agencies continue to have the flexibility to meet remotely during emergencies that would make meeting in person dangerous or nearly impossible. AB 557 is a simple but important tool for local governments to continue to be accessible to the public during a governor-declared state of emergency and continue to provide essential services to residents impacted.”
- Eliminate or extend? AB 361, which went into effect on January 1, 2022, included a January 1, 2024, sunset to allow legislative bodies to use its teleconferencing flexibility for two years while the COVID-19 pandemic continued to evolve. AB 557 eliminates the sunset date, so legislative bodies can use this flexibility during state-declared emergencies on a permanent basis. Now that many pandemic stay-at-home orders and social distancing requirements have been relaxed, what is the need to allow AB 361’s teleconferencing provisions on an ongoing basis? According to local agencies, there are other emergencies where meeting in-person may be impractical or impossible, including fires, earthquakes, or other public health emergencies. For example, the San Lorenzo Valley Water District used AB 361 during a wildfire, and the Soquel Creek Water District used AB 361 during recent floods. Since AB 361’s enactment, the Legislature enacted AB 2449 (Blanca Rubio, Chapter 285, Statutes of 2022) which provided even more teleconferencing flexibility during non-emergency circumstances until January 1, 2026. Comprehensive data regarding its use has not been collected, and AB 361 remains relatively untested outside of the COVID-19 emergency. Should the Legislature make AB 361’s provisions permanent?
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 9/1/23)
California School Board Association (co-source)
California Special Districts Association (co-source)
California State Association of Counties (co-source)
League of California Cities (co-source)
Alameda County Mosquito Abatement District
Alameda County Resource Conservation District
Antelope Valley Mosquito and Vector Control District
Arbuckle Parks and Recreation District
Arcade Creek Recreation and Park District
Artesia Cemetery District
Bear Valley Water District
Beaumont-Cherry Valley Water District
Bodega Bay Public Utility District
Burbank Sanitary District
Association of Recreation & Park Districts
California Association of Public Authorities for IHSS
California Association of Recreation & Park Districts
California Downtown Association
California Municipal Utilities Association
California Travel Association
California In-Home Supportive Services Consumer Alliance
CALWA Recreation and Park District
Cameron Estates Community Services District
Carpinteria Valley Water District
Central Contra Costa Sanitary District
Chico Area Recreation and Park District
Chino Valley Fire District
City Clerks Association of California
City of Belmont
City of Carlsbad
City of Downey
City of Moorpark
City of Mountain View
City of Norwalk
City of Rancho Cucamonga
City of Redwood City
City of Santa Rosa
City of Thousand Oaks
City of Visalia
City of West Hollywood
Coachella Valley Public Cemetery District
Coastside County Water District
Contra Costa Mosquito and Vector Control District
Copper Cove Rocky Road Community Service District
Cortina Community Services District
Cosumnes Community Services District
County of Monterey
County of San Diego
County of Santa Cruz
County of Sonoma
Davis Cemetery District
Delta Diablo
Desert Recreation District
Donner Summit Public Utility District
East Kern Health Care District
Eden Health District
Fall River Resource Conservation District
Feather River Resource Conservation District
Fresno Mosquito and Vector Control District
Fulton-El Camino Recreation and Park District
Gold Mountain Community Services District
Golden Valley Municipal Water District
Goleta West Sanitary District
Groveland Community Services District
Health Officers Association of California
Hi-Desert Water District
Hidden Valley Lake Community Services District
Indian Wells Valley Water District
Inverness Public Utility District
Ironhouse Sanitary District
Karr Advocacy Strategies
Kern County Cemetery District No. 1
Keyes Community Services District
Ladera Recreation District
Lake Oroville Area Public Utility District
Los Angeles County Office of Education
Los Angeles County Sanitation Districts
Los Angeles Unified School District
Marin City Community Services District
Marin County Council of Mayors and Council Members
McKinleyville Community Services District
McKinney Water District
Mendocino County Russian River Flood Control & Water Conservation
Mi Wuk Sugar Pine Fire Protection District
Midpeninsula Regional Open Space District
Mojave Desert Resource Conservation District
Monte Rio Recreation and Park District
Monte Vista Water District
Montecito Fire Protection District
Mosquito & Vector Management District of Santa Barbara County
Mt. View Sanitary District
Muir Beach Community Services District
Murphys Sanitary District
Napa Valley Transportation Authority
Nevada Sierra Connecting Point Public Authority
North Sonoma Coast Fire Protection District
Novato Sanitary District
Olympic Valley Public Service District
Orange County Cemetery District
Orange County Local Agency Formation Commission
Orange County Water District
Palm Springs Cemetery District
Palos Verdes Library District
Pauma Valley Community Services District
Pioneer Community Energy
Pit Resource Conservation District
Placer County Air Pollution Control District
Placer County Water Agency
Ponderosa Community Services District
Rancho Simi Recreation and Park District
Reclamation District 1000
Richardson Bay Sanitary District
Rolling Hills Community Services District
Ross Valley Sanitary District
Rowland Water District
Running Springs Water District
Rural County Representatives of California
San Gorgonio PASS Water Agency
San Mateo County Harbor District
San Mateo County Transit District
San Mateo County Transportation Authority
San Ramon Valley Fire Protection District
Santa Clara Valley Open Space Authority
Santa Clara Valley Water District
Santa Margarita Water District
Santa Ynez Community Services District
Santa Ynez River Water Conservation District
South Coast Water District
Southern California Association of Governments (SCAG)
Southern Marin Fire Protection District
Southwest Healthcare District
Stallion Springs Community Services District
Stockton Port District
Strawberry Fire Protection District
Tamalpais Community Services District
Templeton Community Services District
Three Valleys Municipal Water District
Town of Discovery Bay Community Services District
Town of Hillsborough
Transportation Agency for Monterey County
Trinity County Resource Conservation District
Tuolumne Fire District
Twain Harte Community Services District
Valley Center Fire Protection District
Vandenberg Village Community Services District
Walnut Valley Water District
Water Replenishment District of Southern California
West Kern Water District
West Valley Mosquito and Vector Control District
1 individual
OPPOSITION: (Verified 9/1/23)
None received
ASSEMBLY FLOOR: 78-0, 5/15/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Friedman, Waldron
Prepared by: Jonathan Peterson / GOV. & F. / (916) 651-4119
9/2/23 16:46:05
**** END ****
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 557 (Author:Hart)
Version: June 19, 2023
Hearing Date: June 27, 2023
Fiscal: No
Urgency: No
Consultant: AM
SUBJECT
Open meetings: local agencies: teleconferences
DIGEST
This bill removes the sunset date on the provisions that authorize a legislative body to meet via teleconference during a state of emergency, thereby extending them indefinitely. The bill also extends the period of time a legislative body has to make required findings by majority vote to continue meeting via teleconference during a declared state of emergency from 30 days to 45 days after the first teleconferenced meeting, and every 45 days thereafter.
EXECUTIVE SUMMARY
The Ralph M. Brown Act (the Brown Act) protects public access to meetings of the legislative bodies of local agencies and prescribes specific requirements local agencies must follow if they want to hold a meeting via teleconferencing. During the COVID-19 crisis, the need for social distancing made the usual practices for public meetings—in particular, having people group together in indoor spaces—impossible to continue. Governor Gavin Newsom, as part of a slew of emergency orders issued in response to the pandemic, suspended many of the Brown Act’s requirements for teleconferenced meetings. AB 361 (Robert Rivas, Ch. 165, Stats. 2021) authorized a local agency to use teleconferencing for a public meeting without complying with the Brown Act’s teleconferencing quorum, meeting notice, and agenda requirements in any of the following circumstances until January 1, 2024. This bill seeks to remove the sunset date on the provisions of AB 361, which would indefinitely authorize local agencies to meet via teleconference without complying with existing Brown Act requirements during a declared state of emergency.
The bill is sponsored by the California School Board Association, the California Special Districts Association, the California State Association of Counties, and the League of California Cities and supported by numerous local governments and agencies. The bill is opposed by Common Cause California.
PROPOSED CHANGES TO THE LAW
Existing law:
- Affirms that the people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. (Cal. Const., art. I, § 3(b)(1).)
- Requires a statute that limits the public’s right of access to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (Cal. const. art. I, § 3(b)(1).)
- Establishes the Brown Act, which secures public access to the meetings of public commissions, boards, councils, and agencies in the state. (Gov. Code, tit. 5, div. 2, pt. 1, ch. 9, §§ 54950 et seq.) The Brown Act defines the following relevant terms:
- A “local agency” is a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or any other local public agency. (Gov. Code, § 54951.)
- A “legislative body” is the governing board of a local agency or any other local body created by state or federal statute; a commission, committee, board, or other body of a local agency, as specified; a board, commission, or other multimember body that governs a private corporation, limited liability company, or other entity that is either created by an elected legislative body to exercise delegated authority or receives funds from a local agency and includes a member of the legislative body of the local agency; or the lessee of any hospital leased pursuant to Health and Safety Code section 21131, where the lessee exercises any material authority delegated by the legislative body. (Gov. Code, § 54952.)
- Requires all meetings of the legislative body of a local agency to be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in the Brown Act. (Gov. Code, § 54953.)
- Authorizes the legislative body of a local agency to use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law, provided that the teleconferenced meeting complies with all of the following conditions and all otherwise applicable laws:
- Teleconferencing, as authorized, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (Gov. Code, § 54953(b)(2).)
- If the legislative body elects to use teleconferencing, it must post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or in the public appearing before the legislative body of the local agency. (Gov. Code, § 54953(b)(3).)
- Each teleconferencing location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. (Gov. Code, § 54953(b)(3).)
- During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercised jurisdiction, except as provided in 6). (Gov. Code, § 54953(b)(3).)
- The agenda shall provide an opportunity for members of the public to address the legislative body directly, as the Brown Act requires for in-person meetings, at each teleconference location. (Gov. Code, § 54953(b)(3).)
- For purposes of these requirements, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (Gov. Code, § 54953(b)(4).)
- Provides an exception to the teleconferencing quorum requirements in 4) as follows:
- If a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
- This exception may not be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. (Gov. Code, § 54953(d).)
- Authorizes a local agency to use teleconferencing for a public meeting without complying with the Brown Act’s teleconferencing quorum, meeting notice, and agenda requirements described in 4), in any of the following circumstances:
- the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing;
- the legislative body holds a meeting during a proclaimed state of emergency for purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees; and
- the legislative body holds a meeting during a proclaimed state of emergency and has determined by majority vote pursuant to b) above that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
- Provides that a legislative body holding a teleconferenced meeting pursuant to the Brown Act exception provided in 6) is subject to the requirements in a) through g).
- The legislative body must give notice of the meeting and post agendas as otherwise required by the Brown Act.
- The legislative body must allow members of the public to access the meeting, and the agenda must provide an opportunity for members of the public to address the legislative body directly pursuant to Brown Act requirements. In each instance where notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body must also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. The legislative body need not provide a physical location from which the public may attend or comment.
- The legislative body must conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body.
- In the event of a disruption that prevents the public agency from broadcasting the meeting to members of the public using the call-in or internet-based service options, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in or internet-based service options, the legislative body must take no further action on items appearing on the meeting agenda until public access to the meeting is restored. Actions taken on agenda items during a disruption preventing the broadcast of the meeting may be challenged as provided in the Brown Act.
- The legislative body may not require public comments to be submitted in advance of the meeting, and it must provide an opportunity for the public to address the legislative body and offer comment in real time.
- The legislative body may use an online third-party system for individuals to provide public comment that requires an individual to register with the system prior to providing comment.
- If a legislative body provides a timed public comment period, it may not close the comment period or the time to register to provide comment under f) until the timed period has elapsed. If the legislative body does not provide a time-limited comment period, it must allow a reasonable time for the public to comment on each agenda item and to register as necessary under f).
- Defines “state of emergency” as a state of emergency proclaimed pursuant to Government Code section 8625.
- If the state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the legislative body must, in order to continue meeting subject to this exemption to the Brown Act, no later than 30 days after it commences using the exemption, and every 30 days thereafter, make the following findings by majority vote:
- the legislative body has reconsidered the circumstances of the state of emergency; and
- either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person; or (ii) state or local officials continue to impose or recommend measures to promote social distancing.
- Provides that the provisions relating to the Brown Act in 6) through 9) above will remain in effect only until January 1, 2024, and as of that date be repealed.
This bill:
- Removes the sunset date on the above provisions.
- Removes the authority for a legislative body to hold a meeting via teleconference under the circumstance when a legislative body holds a meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing.
- Extends the period of time a legislative body has to make the required findings described in 9), above, by majority vote to continue meeting via teleconference during a declared state of emergency to 45 days after the first teleconferenced meeting, and every 45 days thereafter.
COMMENTS
- Stated need for the bill
The author writes:
While the COVID-19 state of emergency is nearing its end, it is still essential that our local agencies continue to have the flexibility to meet remotely during emergencies that would make meeting in person dangerous or nearly impossible. AB 557 is a simple but important tool for local governments to continue to be accessible to the public during a governor-declared state of emergency and continue to provide essential services to residents impacted.
- Background
- Right to access public meetings and COVID-19 pandemic
The California Constitution enshrines the rights of the people to instruct their representatives and to access information concerning the conduct of government, and requires the meetings of public bodies to be accessible for public scrutiny.[1] The Brown Act provides guidelines and requirements for how state and local bodies must guarantee open and public access to their meetings.[2] The legislative intent of the Brown Act was expressly declared in its original statute, and has remained unchanged despite numerous amendments:
The Legislature finds and declares that the public commissions, boards and councils and other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.[3]
The Brown Act generally requires that meetings of the legislative body of a local agency be open and accessible to the public, and requires local agencies to provide notice of the meeting, its agenda, and its location in advance of a meeting to ensure that the people have adequate notice and opportunity to attend.
In March 2020, due to the COVID-19 pandemic, the Governor issued executive orders suspending portions of the Brown Act requiring in-person meetings, thereby allowing members of a local legislative body to attend meetings remotely without having to publicly post their location information or allow members of the public to attend meetings from those locations.[4] Throughout the pandemic, many state and local bodies relied on teleconference or internet streaming services to conduct meetings on a regular basis, avoiding the COVID-19 transmission risks posed by large public gatherings. This Committee noted in its analysis of AB 361 as amended September 3, 2021 (Robert Rivas, Ch. 165, Stats. 2021), that:
Based on information received by committee staff, the move to entirely teleconferenced meetings has both expanded and contracted public access to meetings: the increased availability of teleconferencing allows participation by persons who cannot travel to a physical location or cannot attend a meeting for other reasons (e.g., persons who are immunocompromised); but can decrease participation by persons who are less tech-savvy, lack access to technology, or are otherwise unable to utilize the remote access options. There are also concerns that the value of public meetings is lessened when government officials do not have to interact with the public on a face-to-face basis.
- AB 361 (Robert Rivas, Ch. 165, Stats. 2021)
AB 361 authorized a local agency to use teleconferencing for a public meeting without complying with the Brown Act’s teleconferencing quorum, meeting notice, and agenda requirements in any of the following circumstances until January 1, 2024:
- The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
- The legislative body holds a meeting during a proclaimed state of emergency for purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
- The legislative body holds a meeting during a proclaimed state of emergency and has determined by majority vote as described above that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (Gov. Code § 54953 (e)(1).)
AB 361 provided that a legislative body holding a teleconferenced meeting pursuant to this exception is subject to the various requirements, including :
- The legislative body must allow members of the public to access the meeting, and the agenda must provide an opportunity for members of the public to address the legislative body directly pursuant to Brown Act requirements. In each instance where notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body must also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via call-in option or an internet-based service option. The legislative body need not provide a physical location from which the public may attend or comment.
- The legislative body must conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body.
- In the event of a disruption that prevents the public agency from broadcasting the meeting to members of the public using the call-in or internet-based service options, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in or internet-based service options, the legislative body must take no further action on items appearing on the meeting agenda until public access to the meeting is restored. Actions taken on agenda items during a disruption preventing the broadcast of the meeting may be challenged as provided in the Brown Act.
- The legislative body may not require public comments to be submitted in advance of the meeting, and it must provide an opportunity for the public to address the legislative body and offer comment in real time.
- The legislative body may use an online third-party system for individuals to provide public comment that requires an individual to register with the system prior to providing comment.
- If a legislative body provides a timed public comment period, it may not close the comment period or the time to register to provide comment until the timed period has elapsed. If the legislative body does not provide a time-limited comment period, it must allow a reasonable time for the public to comment on each agenda item and to register as necessary. (Gov. Code § 54953 (e)(2).)
AB 361 also provided that if the state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the legislative body must, in order to continue meeting subject to this exemption to the Brown Act, no later than 30 days after it commences using the exemption, and every 30 days thereafter, make the following findings by majority vote:
- the legislative body has reconsidered the circumstances of the state of emergency; and
- either (1) the state of emergency continues to directly impact the ability of the members to meet safely in person; or (2) state or local officials continue to impose or recommend measures to promote social distancing. (Gov. Code § 54953 (e)(3).)
- This bill deletes the sunset date on the state of emergency teleconference provisions and extends the number of days that the legislative body has to make specified findings to continue meeting under these provisions to 45 days
Sponsors and supporters of the bill argue that the flexibility provided by AB 361 during emergencies is still needed even though the COVID state of emergency has ended. They point to the recent floods and wildfires as examples of additional threats that the state continues to experience. Absent legislative action, the AB 361 emergency teleconference provisions will expire at the end of the year. This bill seeks to address this concern by removing the sunset date on the provisions that authorize a legislative body to meet via teleconference during a state of emergency, thereby extending them indefinitely. The bill also extends the period of time a legislative body has to make the required findings by majority vote to continue meeting via teleconference during a declared state of emergency to 45 days after the first teleconferenced meeting, and every 45 days thereafter.
In order to address concerns raised by the opposition to the bill, the author amended the bill to remove the authority to for a legislative body to continue using teleconference meetings if a legislative body holds a meeting during a proclaimed state of emergency or state or local officials have imposed or recommended measures to promote social distancing. Opposition was concerned that “this provision does not require the state of emergency to still be in effect as long as the local government is promoting social distancing, providing the potential for manipulation of these recommendations in order to influence public participation at meetings.”
- Opposition concerns
Common Cause writes in opposition with two major concerns. The most recent amendments seem to address their first concern. The second issue they raise is that “AB 557 also lacks additional transparency and accountability safeguards for fully remote meetings that were carefully negotiated by open government stakeholders into AB 2449 [(Blanca Rubio, Ch. 285, Stats. 2022)] just last year. AB 2449 allows members of a local legislative body to participate remotely for “just cause,” but still: 1) requires a quorum of members to participate from a publicly accessible physical location inside the jurisdiction; 2) requires members participating remotely to disclose certain individuals who may be in the room with them and thus potentially communicating with or even influencing them; and 3) requires members participating remotely to participate with both audio and visual technology, so the public can clearly see reactions and the engagement of officials with the discussion.”
AB 2449 (Blanca Rubio, Ch. 285, Stats. 2022) authorized members of legislative bodies more teleconferencing flexibility in non-emergency circumstances. It allowed members of legislative bodies to participate remotely for “just cause” and “emergency circumstances” without noticing their teleconference location or making that location public. Under AB 2449, just cause includes:
- Childcare or caregiving need that requires them to participate remotely;
- A contagious illness that prevents a member from attending in person;
- A need related to a physical or mental disability not otherwise accommodated;
- Travel while on official business of the legislative body or another state or local agency; and
- When a physical or family medical emergency circumstance exists that prevents a member from attending in person.
To use the teleconference flexibility authorized under AB 2449, at least a quorum of the legislative body must participate in person at one physical location, which must be identified on the agenda, open to the public, and within the boundaries of the local agency’s jurisdiction. Additionally, both audio and visual technology must be used for the teleconferenced meeting. AB 2449 included additional requirements on local agencies that were modeled after many of the provisions included in AB 361.
- Statements in support
A coalition of organizations representing various local entities, including the sponsors of the bill, write in support stating:
While California seeks to transition to a post-COVID era, the threat of additional emergencies remains, as has been made abundantly clear by recent flooding and wildfires. Absent any legislative intervention, the processes established by AB 361 to provide remote meeting flexibility to local agencies in emergency circumstances will expire at the end of this year. To remain best equipped to address future emergencies and allow local agencies to effectively react and respond, AB 557 would eliminate the sunset on the emergency remote meeting procedures added to California Government Code section 54953. Additionally, AB 557 would adjust the timeframe for the resolutions passed to renew an agency’s temporary transition to emergency remote meetings to 45 days, up from the previous number of 30 days.
This legislation will preserve an effective tool for local agencies facing emergencies that would otherwise prevent them from conducting the people’s business when faced with an emergency.
Amendments to the bill following its passage out of the Senate Governance and Finance Committee strike references to social distancing, eliminating any chance at interpretating [sic] the emergency remote meeting procedures as providing for a continuation of remote meetings absent an underlying state of emergency declaration. Devoid of any mention of social distancing, the bill strikes references to the practice utilized to mitigate the effects of the COVID-19 pandemic; these and similar safety conditions are appropriately encapsulated under the general pretext for transitioning to emergency remote meeting procedures (i.e., that the state of emergency directly impacts the ability of members to meet safely in person). In this way, the bill continues to improve the efficacy of the underlying emergency remote meeting procedures while also making technical changes to accommodate received feedback.
- Statements in opposition
Common Cause California writes in opposition stating:
One of the Brown Act’s key protections for public access and participation is the guarantee that members of the public and the press can be physically present with officials as they make decisions. Face to face interaction is a core tenant of democratic institutions. Officials are forced to interact with their constituents, including efforts by the community to collectively organize to make their voices heard. Members of the press can observe the interactions between officials, and between the officials and others in the room, to gain a deeper understanding of situations and accurately inform Californians. […]
AB 557 lacks all of these protections [AB 2449 provisions] for accountability, and additionally does not provide any accommodation for public participation by those who may not have access to call-in or internet-based options, such as by providing one physical location the public may view the meeting and participate from. While remote options can help to increase public participation by increasing convenience, not all Californians have access to technology to participate this way or wish to do so.
SUPPORT
California School Board Association (sponsor)
California Special Districts Association (sponsor)
California State Association of Counties (sponsor)
League of California Cities (sponsor)
Alameda County Mosquito Abatement District
Alameda County Resource Conservation District
Antelope Valley Mosquito and Vector Control District
Arbuckle Parks and Recreation District
Arcade Creek Recreation and Park District
Artesia Cemetery District
Bear Valley Water District
Beaumont-Cherry Valley Water District
Bodega Bay Public Utility District
Burbank Sanitary District
Association of Recreation & Park Districts
California Association of Public Authorities for IHSS
California Association of Recreation & Park Districts
California Downtown Association
California Municipal Utilities Association
California Travel Association
California In-Home Supportive Services Consumer Alliance
CALWA Recreation and Park District
Cameron Estates Community Services District
Carpinteria Valley Water District
Central Contra Costa Sanitary District
Chico Area Recreation and Park District
Chino Valley Fire District
City Clerks Association of California
City of Belmont
City of Carlsbad
City of Downey
City of Moorpark
City of Mountain View
City of Norwalk
City of Rancho Cucamonga
City of Redwood City
City of Santa Rosa
City of Thousand Oaks
City of West Hollywood
Coachella Valley Public Cemetery District
Coastside County Water District
Contra Costa Mosquito and Vector Control District
Copper Cove Rocky Road Community Service District
Cortina Community Services District
Cosumnes Community Services District
County of Monterey
County of San Diego
County of Santa Cruz
Davis Cemetery District
Delta Diablo
Desert Recreation District
Donner Summit Public Utility District
East Kern Health Care District
Eden Health District
Fall River Resource Conservation District
Feather River Resource Conservation District
Fresno Mosquito and Vector Control District
Fulton-El Camino Recreation and Park District
Gold Mountain Community Services District
Golden Valley Municipal Water District
Goleta West Sanitary District
Groveland Community Services District
Health Officers Association of California
Hi-Desert Water District
Hidden Valley Lake Community Services District
Indian Wells Valley Water District
Inverness Public Utility District
Ironhouse Sanitary District
Karr Advocacy Strategies
Kern County Cemetery District No. 1
Keyes Community Services District
Ladera Recreation District
Lake Oroville Area Public Utility District
Los Angeles County Office of Education
Los Angeles County Sanitation Districts
Los Angeles Unified School District
Marin City Community Services District
Marin County Council of Mayors and Council Members
McKinleyville Community Services District
McKinney Water District
Mendocino County Russian River Flood Control & Water Conservation
Mi Wuk Sugar Pine Fire Protection District
Midpeninsula Regional Open Space District
Mojave Desert Resource Conservation District
Monte Rio Recreation and Park District
Monte Vista Water District
Montecito Fire Protection District
Mosquito & Vector Management District of Santa Barbara County
Mt. View Sanitary District
Muir Beach Community Services District
Murphys Sanitary District
Napa Valley Transportation Authority
Nevada Sierra Connecting Point Public Authority
North Sonoma Coast Fire Protection District
Novato Sanitary District
Olympic Valley Public Service District
Orange County Cemetery District
Orange County Local Agency Formation Commission
Orange County Water District
Palm Springs Cemetery District
Palos Verdes Library District
Pauma Valley Community Services District
Pioneer Community Energy
Pit Resource Conservation District
Placer County Air Pollution Control District
Placer County Water Agency
Ponderosa Community Services District
Rancho Simi Recreation and Park District
Reclamation District 1000
Richardson Bay Sanitary District
Rolling Hills Community Services District
Ross Valley Sanitary District
Rowland Water District
Running Springs Water District
Rural County Representatives of California
San Gorgonio PASS Water Agency
San Mateo County Harbor District
San Mateo County Transit District
San Mateo County Transportation Authority
San Ramon Valley Fire Protection District
Santa Clara Valley Open Space Authority
Santa Clara Valley Water District
Santa Margarita Water District
Santa Ynez Community Services District
Santa Ynez River Water Conservation District
South Coast Water District
Southern California Association of Governments (SCAG)
Southern Marin Fire Protection District
Southwest Healthcare District
Stallion Springs Community Services District
Stockton Port District
Strawberry Fire Protection District
Tamalpais Community Services District
Templeton Community Services District
Three Valleys Municipal Water District
Town of Discovery Bay Community Services District
Trinity County Resource Conservation District
Tuolumne Fire District
Twain Harte Community Services District
Valley Center Fire Protection District
Vandenberg Village Community Services District
Walnut Valley Water District
Water Replenishment District of Southern California
West Kern Water District
West Valley Mosquito and Vector Control District
1 individual
OPPOSITION
Common Cause California
RELATED LEGISLATION
Pending Legislation:
SB 411 (Portantino, 2023) allows a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people to use alternate teleconferencing provisions related to notice, agenda, and public participation, as provided. SB 411 is pending in the Assembly Committee on Local Government.
SB 537 (Becker, 2023) authorizes an eligible legislative body, which is a board, commission, or advisory body of a multijurisdictional, cross county, local agency with appointed members that is subject to the Brown Act, to teleconference their meetings without having to make publicly accessible each teleconference location under certain conditions and limitations. SB 537 is pending referral in the Assembly.
AB 817 (Pacheco, 2023) allows appointed bodies of subsidiary bodies to teleconference meetings without having to notice and make publicly accessible each teleconference location, or have at least a quorum participate from locations within the boundaries of the agency. AB 817 was never set for a hearing in the Assembly Local Government Committee.
AB 1275 (Arambula, 2023) allows the recognized statewide community college student organization and other student-run community college organizations to use teleconferencing without having to notice and make publicly accessible each teleconference location, or have at least a quorum participate from locations within the boundaries of the agency. AB 1275 is currently pending in the Senate Education Committee.
AB 1379 (Papan, 2023) makes numerous changes to the Brown Act’s teleconferencing provisions. AB 1379 was never set for a hearing in the Assembly Local Government Committee.
Prior Legislation:
AB 1944 (Lee, 2022) would have authorized, until January 1, 2030, members of a legislative body of a local agency to use teleconferencing without noticing their teleconference locations and making them publicly accessible under certain conditions. This bill was never set for a hearing in the Senate Governance and Finance Committee.
AB 2449 (Blanca Rubio, Ch. 285, Stats. 2022) see Comment 4), above.
AB 361 (Robert Rivas, Ch. 165; Stats. 2021) see Comment 2), above.
AB 339 (Lee, 2021) would have required, until December 31, 2023, certain city council or county board of supervisors meetings to allow the public to attend and comment via telephone or internet. AB 339 was vetoed by Governor Newsom.
PRIOR VOTES
Senate Governance and Finance Committee (Ayes 8, Noes 0)
Assembly Floor (Ayes 78, Noes 0)
Assembly Local Government Committee (Ayes 8, Noes 0)
**************
Cal. Const., art. I, § 3(a) & (b)(1). ↑
Ed. Code, tit. 3, div. 8, pt. 55, ch. 3, art. 1.5, §§ 89305 et seq.; Gov Code, tit. 2, div. 3, art. 9, §§ 11120 et seq., & tit. 5, div. 2, pt. 1, ch. 9, §§ 54950 et seq. ↑
Id., § 54950. ↑
Governor’s Exec. Order No. N-25-20 (Mar. 12, 2020); Governor’s Exec. Order No. N-29-20 (Mar. 17, 2020). ↑
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Anna M. Caballero, Chair
2023 - 2024 Regular
Bill No: | AB 557 | Hearing Date: | 6/7/23 |
Author: | Hart | Tax Levy: | No |
Version: | 2/8/23 | Fiscal: | No |
Consultant: | Peterson | ||
Open meetings: local agencies: teleconferences
Eliminates the sunset date for allowing local agencies to use teleconferencing without complying with specified teleconferencing requirements during a proclaimed state of emergency.
Background
Public access. Article I, Section Three of the California Constitution guarantees “the people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.” This includes a right to access information concerning the meetings and writings of public officials. To ensure the right to openly scrutinize public agencies is maintained, the Constitution requires local agencies to comply with certain state laws that outline the basic requirements for public access to meetings and public records. If a subsequent bill modifies these laws, it must include findings demonstrating how it furthers the public’s access to local agencies and their officials.
Brown Act. The Ralph M. Brown Act provides guidelines for how local agencies must hold public meetings. Among other provisions, the Act requires meetings of the legislative body of a local agency be open and public. The Legislature originally enacted the Brown Act in 1953 and has since amended it numerous times. The Legislature expressly declared the intent of the Brown Act in its original statute, which remains unchanged today:
The Legislature finds and declares that the public commissions, boards and councils and other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
The Brown Act generally requires local agencies to notice meetings in advance, including the posting of an agenda, and requires these meetings to be open and accessible to the public. The Brown Act defines a “meeting” as “any congregation of a majority of the member of a legislative body at the same time and location, including teleconference locations, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.” The Brown Act only allows local agencies to take actions, meaning a majority vote of the legislative body unless otherwise specified, on items that appear on the posted agenda.
The Brown Act lays out certain requirements for public participation. The local agency cannot require members of the public to register or provide information as a condition of participation. The Brown Act also generally requires every agenda for meetings to provide an opportunity for the public to directly address the legislative body on any item of public interest, before or during its consideration of the item, within its jurisdiction. While the Brown Act requires local agencies to provide opportunities for public comment, it also allows local agencies to adopt reasonable regulations to carry out public participation requirements, such as limiting the amount of time for public testimony on each item and for each speaker. These restrictions must be content-neutral; for example, the local agency cannot restrict public criticism of its actions.
If a member of the public, including the respective district attorney, believes a local agency violated the Brown Act, it must first send an order to the local agency to correct the violation. If the local agency disagrees with the complaint and does not correct it, the submitter can pursue the complaint through the courts. If the court agrees with the complaint, outcomes range from invalidating certain actions of the local agency to a misdemeanor criminal conviction.
Teleconferencing and the Brown Act. The Brown Act first allowed teleconference meetings in 1988. At the time, San Diego County was considering the use of video teleconferencing for meetings and hearings of the board of supervisors due to concerns about the long distances that some of their constituents travelled to participate, and were concerned these distances prohibited some people from attending at all. AB 3191 (Frazee, 1988) responded to these concerns by authorizing the legislative body of a local agency to use teleconferencing. Since that time, a number of bills have made modifications to this original authorization.
The Brown Act allows the legislative body of a local agency to use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding must comply with all requirements of the Brown Act and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. Teleconferencing may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting must be taken by rollcall.
If a legislative body of a local agency elects to use teleconferencing, it must post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. Each teleconference location must be identified in the notice and agenda of the meeting or proceeding, and each teleconference location must be accessible to the public.
During the teleconference, at least a quorum of the members of the legislative body must participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, with specified exceptions. The agenda must provide an opportunity for members of the public at each teleconference location to address the legislative body directly pursuant to the Brown Act’s provisions governing public comment.
Public meetings during the COVID-19 pandemic. In response to the impacts of the COVID-19 pandemic, including mandatory “stay-at-home” orders, public agencies had to find new ways of conducting business because of the public safety risk associated with meeting in person. In March 2020, the Governor issued Executive Order N-29-20, which provided local agencies with more flexibility to use teleconferencing without making those teleconference locations accessible to the public. On June 11, the Governor issued Executive Order N-08-21 notifying local agencies and the public that previous executive orders concerning the conduct of public meetings would apply through September 30, 2021.
Despite the executive order, both local and state governing bodies wanted to ensure they would have the ongoing ability to teleconference without having to disclose the location of teleconferencing members or make that location accessible to the public. The Legislature enacted AB 361 (Robert Rivas, 2021) which allows, until January 1, 2024, local agencies to use teleconferencing without complying with specified Brown Act restrictions in certain state-declared emergencies.
A local agency availing itself of the provisions of AB 361 is subject to various requirements, including:
- In each instance where notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body must also give notice of the means by which members of the public may access the meeting and offer public comment;
- The agenda must identify and include an opportunity for all persons to attend via call-in option or an internet-based service option. The legislative body need not provide a physical location from which the public may attend or comment;
- In the event of a disruption that prevents the public agency from broadcasting the meeting to members of the public using the call-in or internet-based service options, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in or internet-based service options, the legislative body must take no further action on items appearing on the meeting agenda until public access to the meeting is restored. Actions taken on agenda items during a disruption preventing the broadcast of the meeting may be challenged as provided in the Brown Act;
- The legislative body may not require public comments to be submitted in advance of the meeting, and it must provide an opportunity for the public to address the legislative body and offer comment in real time; and
- The legislative body may use an online third-party system for individuals to provide public comment that requires an individual to register with the system prior to providing comment.
If a state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the legislative body must make findings to continue using the exemptions AB 361 provides every 30 days.
AB 2449 (Blanca Rubio, 2022). AB 2449 gave members of legislative bodies more teleconferencing flexibility in non-emergency circumstances. It allowed members of legislative bodies to participate remotely for “just cause” and “emergency circumstances” without noticing their teleconference location or making that location public. Under the measure, just cause includes:
- Childcare or caregiving need that requires them to participate remotely;
- A contagious illness that prevents a member from attending in person;
- A need related to a physical or mental disability not otherwise accommodated; and
- Travel while on official business of the legislative body or another state or local agency.
Emergency circumstances are a physical or family medical emergency that prevents a member from attending in person.
To use this flexibility, at least a quorum of the legislative body must participate in person at one physical location, which must be identified on the agenda, open to the public, and within the boundaries of the local agency’s jurisdiction. The bill also placed additional requirements on local agencies using its provisions modeled after the provisions included in AB 361.
A member of a legislative body can participate in a meeting remotely using these provisions only if one of the following circumstances apply:
- The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. These provisions cannot be used by any member of the legislative body for more than two meetings per calendar year; or
- The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request.
When a member uses this flexibility, they must participate through both audio and visual technology, and publicly disclose whether any other individuals 18 years of age or older are present at the teleconference location and the member’s relationship with any such individuals. Additionally, a member of a legislative body cannot participate in meetings of the legislative body solely by teleconference from a remote location for more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
AB 2449 sunsets on January 1, 2026.
To continue the flexibility to meet remotely during emergencies that would make meeting in person dangerous or nearly impossible, local agencies want to remove AB 361’s January 1, 2024 sunset date.
Proposed Law
Assembly Bill 557 eliminates the January 1, 2024, sunset date on AB 361’s provisions providing teleconferencing flexibility during a proclaimed state of emergency. The measure changes the frequency with which a legislative body must make specified findings in order to continue to teleconference as specified above, from every 30 days to every 45 days.
The measure makes findings and declarations to further its intent, and makes various technical changes.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. According to the author, “While the COVID-19 state of emergency is nearing its end, it is still essential that our local agencies continue to have the flexibility to meet remotely during emergencies that would make meeting in person dangerous or nearly impossible. AB 557 is a simple but important tool for local governments to continue to be accessible to the public during a governor-declared state of emergency and continue to provide essential services to residents impacted.”
2. Eliminate or extend? AB 361, which went into effect on January 1, 2022, included a January 1, 2024, sunset to allow legislative bodies to use its teleconferencing flexibility for two years while the COVID-19 pandemic continued to evolve. AB 557 eliminates the sunset date, so legislative bodies can use this flexibility during state-declared emergencies on a permanent basis. Now that many pandemic stay-at-home orders and social distancing requirements have been relaxed, what is the need to allow AB 361’s teleconferencing provisions on an ongoing basis? According to local agencies, there are other emergencies where meeting in-person may be impractical or impossible, including fires, earthquakes, or other public health emergencies. For example, the San Lorenzo Valley Water District used AB 361 during a wildfire, and the Soquel Creek Water District used AB 361 during recent floods. Since AB 361’s enactment, the Legislature enacted AB 2449, which provided even more teleconferencing flexibility during non-emergency circumstances until January 1, 2026. Comprehensive data regarding its use has not been collected, and AB 361 remains relatively untested outside of the COVID-19 emergency. Should the Legislature make AB 361’s provisions permanent?
3. What’s the big deal? AB 361 required, if a state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the local agency to make findings regarding the continued need for teleconferencing flexibility every 30 days. However, not all legislative bodies meet every month, and even for legislative bodies that do, meetings may fall just outside the 30-day window. Some legislative bodies held special meetings just to make sure they could continue to use AB 361’s provisions. For example, the Orange County Mosquito and Vector Control District holds monthly meetings. In months that had more than 30 days, the District held a special meeting where the only item of business was to pass a resolution authorizing the continued use of AB 361’s provisions. In 2022, the District held eight special meetings for this purpose, in addition to their 12 regular meetings. Since some special districts compensate board members on a per meeting day basis, some districts had to compensate board members for a relatively short meetings to extend their use of AB 361’s provisions. AB 557 attempts to resolve these issues by giving legislative bodies 45 days, instead of 30, to renew their AB 361 findings.
4. Parade isn’t over. The Legislature is considering numerous proposals to provide local agencies with additional teleconferencing flexibility:
- SB 411 (Portantino, 2023), which the Senate Governance and Finance Committee approved at its April 19th, 2023, hearing on a vote of 6-2. SB 411 authorizes a neighborhood council, as specified, to use alternate teleconferencing provisions related to notice, agenda, and public participation, subject to certain requirements and restrictions, if the city council has adopted an authorizing resolution and two-thirds of an eligible legislative body votes to use the alternate teleconferencing provisions. SB 411 is currently pending in the Assembly Local Government Committee.
- SB 537 (Becker, 2023) which the Senate Governance and Finance Committee approved at its April 19th, 2023, hearing on a vote of 6-2. SB 537 authorizes a board, commission, or advisory body of a multijurisdictional, cross county, local agency with appointed members subject to the Brown Act, to teleconference their meetings without having to make publicly accessible each teleconference location under certain conditions and limitations. SB 537 is awaiting referral in the Assembly.
- AB 817 (Pacheco, 2023) allows appointed bodies of subsidiary bodies to teleconference meetings without having to notice and make publicly accessible each teleconference location, or have at least a quorum participate from locations within the boundaries of the agency. The bill is currently pending in the Assembly Local Government Committee.
- AB 1275 (Arambula, 2023) authorizes a recognized statewide community college student organization and other student-run community college organizations, if specific conditions are met, to use teleconferencing for their meetings without having to post agendas at all teleconferencing locations, identify each teleconference location in the notice and agenda, and make each teleconference location accessible to the public. The bill is currently pending in the Senate Education Committee.
- AB 1379 (Papan, 2023) makes numerous changes to the Brown Act’s teleconferencing provisions. The bill is currently pending in the Assembly Local Government Committee.
5. Coming and going. The Senate Rules Committee ordered a double-referral of AB 557: first, to the Committee on Governance and Finance to consider its impact on local governments, and second to the Committee on Judiciary to consider its impacts on the public’s right to access public meetings.
Assembly Actions
Assembly Local Government Committee: 8-0
Assembly Floor: 78-0
Support and Opposition
(6/2/23)
Support: California School Boards Association (Co-Sponsor)
California Special Districts Association (Co-Sponsor)
California State Association of Counties (Co-Sponsor)
League of California Cities (Co-Sponsor)
Alameda County Mosquito Abatement District
Alameda County Resource Conservation District
Antelope Valley Mosquito and Vector Control District
Arbuckle Parks and Recreation District
Arcade Creek Recreation and Park District
Artesia Cemetery District
Association of California Healthcare Districts
Association of California School Administrators
Bear Valley Water District
Beaumont-Cherry Valley Water District
Bodega Bay Public Utility District
Burbank Sanitary District
California Association of Recreation & Park Districts
California Downtown Association
California Municipal Utilities Association
California Travel Association (CALTRAVEL)
Calwa Recreation and Park District
Cameron Estates Community Services District
Carpinteria Valley Water District
Central Contra Costa Sanitary District
Chico Area Recreation and Park District
Chino Valley Fire District
City Clerks Association of California
City of Belmont
City of Carlsbad
City of Mountain View
City of Rancho Cucamonga
City of Redwood City
City of Thousand Oaks
Coachella Valley Public Cemetery District
Coastside County Water District
Contra Costa Mosquito and Vector Control District
Copper Cove Rocky Road Community Service District
Cortina Community Services District
Cosumnes Community Services District
County of Monterey
County of San Diego
County of Santa Cruz
Davis Cemetery District
Delta Diablo
Donner Summit Public Utility District
East Bay Community Energy (EBCE)
East Kern Health Care District
Eden Health District
Fall River Resource Conservation District
Feather River Resource Conservation District
Fresno Mosquito and Vector Control District
Fulton-el Camino Recreation and Park District
Gold Mountain Community Services District
Golden Valley Municipal Water District
Goleta West Sanitary District
Groveland Community Services District
Health Officers Association of California
Hi-desert Water District
Hidden Valley Lake Community Services District
Indian Wells Valley Water District
Inverness Public Utility District
Ironhouse Sanitary District
Irvine Ranch Water District
Karr Advocacy Strategies
Kern County Cemetery District No. 1
Keyes Community Services District
Ladera Recreation District
Lake Oroville Area Public Utility District
Los Angeles County Sanitation Districts
Los Angeles Unified School District
Marin City Community Services District
Marin County Council of Mayors and Council members (MCCMC)
Mckinleyville Community Services District
Mckinney Water District
Mendocino County Russian River Flood Control & Water Conservation
Mi Wuk Sugar Pine Fire Protection District
Midpeninsula Regional Open Space District
Mojave Desert Resource Conservation District
Monte Rio Recreation and Park District
Monte Vista Water District
Montecito Fire Protection District
Mosquito & Vector Management District of Santa Barbara County
Mt. View Sanitary District
Muir Beach Community Services District
Murphys Sanitary District
Nevada Sierra Connecting Point Public Authority
North Sonoma Coast Fire Protection District
Novato Sanitary District
Olympic Valley Public Service District
Orange County Cemetery District
Orange County Water District
Palm Springs Cemetery District
Palos Verdes Library District
Pauma Valley Community Services District
Pioneer Community Energy
Pit Resource Conservation District
Placer County Air Pollution Control District
Placer County Water Agency
Ponderosa Community Services District
Rancho Simi Recreation and Park District
Reclamation District 1000
Richardson Bay Sanitary District
Rolling Hills Community Services District
Ross Valley Sanitary District
Rowland Water District
Running Springs Water District
Rural County Representatives of California
San Gorgonio PASS Water Agency
San Mateo County Harbor District
San Mateo County Transit District (SAMTRANS)
San Mateo County Transportation Authority
San Ramon Valley Fire Protection District
Santa Clara Valley Open Space Authority
Santa Clara Valley Water District
Santa Margarita Water District
Santa Ynez Community Services District
Santa Ynez River Water Conservation District
South Coast Water District
Southern Marin Fire Protection District
Southwest Healthcare District
Stallion Springs Community Services District
Stockton Port District
Strawberry Fire Protection District
Tamalpais Community Services District
Templeton Community Services District
Three Valleys Municipal Water District
Town of Discovery Bay Community Services District
Trinity County Resource Conservation District
Tuolumne Fire District
Twain Harte Community Services District
Urban Counties of California (UCC)
Valley Center Fire Protection District
Vandenberg Village Community Services District
Walnut Valley Water District
Water Replenishment District of Southern California
West Kern Water District
West Valley Mosquito and Vector Control District
Opposition: Common Cause – California
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 557
Author:(Hart)
As Introduced Ver:February 8, 2023
Majority vote
SUMMARY
Eliminates the sunset date on provisions of law allowing local agencies to use teleconferencing without complying with specified Ralph. M Brown Act (Brown Act) requirements during a proclaimed state of emergency.
Major Provisions
- Eliminates the January 1, 2024, sunset date on provisions of law authorizing a local agency's legislative body to use teleconferencing for a public meeting without having to post agendas at each teleconference location, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and require at least a quorum of the legislative body to participate from within the local agency's jurisdiction during a proclaimed state of emergency, as specified.
- Changes the frequency with which a legislative body must make specified findings in order to continue to teleconference as specified above, from every 30 days to every 45 days.
COMMENTS
AB 361 (Robert Rivas), Chapter 165, Statutes of 2021 allowed exemptions to the Brown Act's teleconferencing requirements during a proclaimed state of emergency.
Specifically, AB 361 authorized a local agency's legislative body to use teleconferencing for a public meeting without having to post agendas at each teleconference location, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and require at least a quorum of the legislative body to participate from within the local agency's jurisdiction. This flexibility was limited to the following circumstances:
- A legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
- A legislative body holds a meeting during a proclaimed state of emergency for purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
- A legislative body holds a meeting during a proclaimed state of emergency and has determined by majority vote pursuant to b), above, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
AB 361 required a legislative body that chooses to use its provisions to meet the following requirements:
- Notice and Agenda. A legislative body must give notice of the meeting and post agendas as otherwise required by the Brown Act.
- Public Access. A legislative body must allow members of the public to access the meeting, and the agenda must provide an opportunity for members of the public to address the legislative body directly. The legislative body must give notice of the means by which members of the public may access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via call-in option or an internet-based service option. The legislative body need not provide a physical location from which the public may attend or comment.
- Meeting Disruptions. In the event of a disruption that prevents the agency from broadcasting the meeting to the public using the call-in or internet-based service options, or in the event of a disruption within the local agency's control that prevents the public from offering public comments using the call-in or internet-based service options, the legislative body must take no further action until public access is restored. Actions taken on agenda items during a disruption may be challenged as provided in the Brown Act.
- Public Comment. The legislative body may not require public comments to be submitted in advance, and it must provide an opportunity for the public to address the legislative body and offer comment in real time. The legislative body may use an online third-party system for individuals to provide public comment that requires registration with the system before providing comment. If a legislative body provides a timed public comment period, it may not close the comment period or the time to register until the timed period has elapsed. If the legislative body does not provide a time-limited comment period, it must allow a reasonable time for the public to comment on each agenda item and to register as necessary.
If a state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the legislative body must make specified findings every 30 days in order to continue using the exemptions provided by AB 361. As an urgency measure, AB 361 went into effect on September 16, 2021. It remains in effect until January 1, 2024.
According to the Author
While the COVID-19 state of emergency is nearing its end, it is still essential that our local agencies continue to have the flexibility to meet remotely during emergencies that would make meeting in person dangerous or nearly impossible. AB 557 is a simple but important tool for local governments to continue to be accessible to the public during a governor-declared state of emergency and continue to provide essential services to residents impacted.
Arguments in Support
A large coalition of supporters, including the California Special Districts Association and the League of California Cities, sponsors of the measure, write, "The changes made to California Government Code section 54953 by Assembly Bill 361 (R. Rivas, 2021) were of vital importance to local agencies looking to meet during the COVID-19 pandemic in order to continue to conduct the people's business. These changes were necessary in order to permit local agencies to meet during a time that it would have otherwise been impossible to meet in-person safely. Important safeguards were included to ensure transparency and accountability, including the fact that the emergency provisions were only applicable in instances where the California Governor had declared a state of emergency.
"While California seeks to transition to a post-COVID era, the threat of additional emergencies remains, as has been made abundantly clear by recent flooding and wildfires. Absent any legislative intervention, the processes established by AB 361 to provide remote meeting flexibility to local agencies in emergency circumstances will expire at the end of this year. To remain best equipped to address future emergencies and allow local agencies to effectively react and respond, AB 557 would eliminate the sunset on the emergency remote meeting procedures added to California Government Code section 54953. Additionally, AB 557 would adjust the timeframe for the resolutions passed to renew an agency's temporary transition to emergency remote meetings to 45 days, up from the previous number of 30 days. This legislation will preserve an effective tool for local agencies facing emergencies that would otherwise prevent them from conducting the people's business when faced with an emergency."
Arguments in Opposition
None on file.
FISCAL COMMENTS
None
VOTES
ASM LOCAL GOVERNMENT: 8-0-0
YES: Aguiar-Curry, Dixon, Boerner, Pacheco, Ramos, Robert Rivas, Waldron, Wilson
UPDATED
VERSION: February 8, 2023
CONSULTANT: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0000278
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
ABPCA Bill Id:AB 557 (
Author:Hart) – As Introduced Ver:February 8, 2023
SUBJECT: Open meetings: local agencies: teleconferences.
SUMMARY: Eliminates the sunset date on provisions of law allowing local agencies to use teleconferencing without complying with specified Ralph. M Brown Act (Brown Act) requirements during a proclaimed state of emergency. Specifically, this bill:
- Eliminates the January 1, 2024, sunset date on provisions of law authorizing a local agency’s legislative body to use teleconferencing for a public meeting without having to post agendas at each teleconference location, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and require at least a quorum of the legislative body to participate from within the local agency’s jurisdiction during a proclaimed state of emergency, as specified.
- Changes the frequency with which a legislative body must make specified findings in order to continue to teleconference as specified above, from every 30 days to every 45 days.
- Finds and declares that this bill furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature finds that this bill is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings.
EXISTING LAW:
- Provides, pursuant to Article I, Section 3 of the California Constitution, the following:
- The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.
- The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.
- In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in b), above, each local agency is required to comply with the California Public Records Act, the Brown Act, and with any subsequent statutory enactment amending either act, enacting a successor act, or amending any successor act that contains findings demonstrating that the statutory enactment furthers the purposes of these constitutional provisions.
- Provides, pursuant to the Brown Act, requirements for how local agencies must conduct their meetings, including the following provisions:
- Defines a “meeting” as “any congregation of a majority of the members of a legislative body at the same time and location, including teleconference locations, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.”
- Requires local agencies to notice meetings in advance, including the posting of an agenda, and requires these meetings to be open and accessible to the public.
- Requires members of the public to have an opportunity to comment on agenda items, and generally prohibits deliberation or action on items not listed on the agenda.
- Defines “legislative body” to mean:
- The governing body of a local agency or any other local body created by state or federal statute.
- A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. Advisory committees composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies. Standing committees of a legislative body, irrespective of their composition, that have a continuing subject matter jurisdiction or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies.
- A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
- Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
- Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency. [Government Code (GOV) § 54952]
- Authorizes the legislative body of a local agency to use teleconferencing subject to the following requirements:
- Teleconferencing may be used for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of the Brown Act and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. [GOV 54953(b)(1)]
- Teleconferencing may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body, subject to the following requirements:
- All votes taken during a teleconferenced meeting must be by rollcall.
- The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
- The legislative body shall give notice of the meeting and post agendas as otherwise required by this bill.
- The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly, as specified. [GOV 54953(b)(2)]
- Requires, if the legislative body of a local agency elects to use teleconferencing, all of the following:
- The legislative body shall post agendas at all teleconference locations.
- Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding.
- Each teleconference location shall be accessible to the public.
- During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, with specified exceptions. [GOV § 54953(b)(3)]
- Defines “teleconference” to mean a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. [GOV § 54953(j)(6)]
- Authorizes, until January 1, 2024, pursuant to provisions of law enacted via AB 361 (Rivas), Chapter 165, Statutes of 2021, a local agency to use teleconferencing without complying with the requirements of GOV § 54953(b)(3) during a proclaimed state of emergency, as specified. [GOV § 54953(e)]
FISCAL EFFECT: None
COMMENTS:
- Background. The Brown Act was enacted in 1953 and has been amended numerous times since then. The legislative intent of the Brown Act was expressly declared in its original statute, which remains unchanged:
“The Legislature finds and declares that the public commissions, boards and councils and other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”
The Brown Act generally requires meetings to be noticed in advance, including the posting of an agenda, and generally requires meetings to be open and accessible to the public. The Brown Act also generally requires members of the public to have an opportunity to comment on agenda items, and generally prohibits deliberation or action on items not listed on the agenda.
The Brown Act defines “local agency” to mean a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency.
The Brown Act defines “legislative body” to mean:
- The governing body of a local agency or any other local body created by state or federal statute.
- A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. Advisory committees composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies. Standing committees of a legislative body, irrespective of their composition, that have a continuing subject matter jurisdiction or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies.
- A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
- Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
- Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
The Brown Act defines a “meeting” as “any congregation of a majority of the member of a legislative body at the same time and location, including teleconference locations, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.”
The Brown Act specifies that a member of the public shall not be required, as a condition of attending a meeting, to register a name, provide other information, complete a questionnaire, or otherwise fulfill any condition precedent to attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated during the meeting, it must state clearly that signing, registering, or completing the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document.
The Brown Act allows a district attorney or any interested person to seek a judicial determination that an action taken by a local agency’s legislative body violates specified provisions of the Brown Act – including the provisions governing open meeting requirements, teleconferencing, and agendas – and is therefore null and void.
- Agendas. The Brown Act requires local agencies to post, at least 72 hours before a regular meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. The agenda must specify the time and location of the regular meeting and must be posted in a location that is freely accessible to members of the public and on the local agency website, if the local agency has one. No action or discussion may be undertaken on any item not appearing on the posted agenda, with specified exceptions.
If requested, the agenda must be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (ADA), and the federal rules and regulations adopted to implement the ADA. The agenda must include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
- Comment Periods. The Brown Act generally requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body. The legislative body of a local agency may adopt reasonable regulations to ensure that this intent is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
- Teleconferencing and the Brown Act. The Brown Act first allowed meetings to be conducted via video teleconference in 1988. At the time, San Diego County was considering the use of video teleconferencing for meetings and hearings of the board of supervisors due to concerns about the long distances that some of their constituents were having to travel to participate in board meetings. They were especially concerned that these distances were so great that they prohibited some people from attending meetings at all. AB 3191 (Frazee), Chapter 399, Statutes of 1988, responded to these concerns by authorizing the legislative body of a local agency to use video teleconferencing. Since that time, a number of bills have made modifications to this original authorization.
The Brown Act generally allows the legislative body of a local agency to use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding must comply with all requirements of the Brown Act and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. Teleconferencing may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body.
If the legislative body of a local agency elects to use teleconferencing, the legislative body must comply with a number of requirements. It must conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. The legislative body must give notice of the meeting and post agendas as otherwise required by the Brown Act, and must allow members of the public to access the meeting. The agenda for the meeting must provide an opportunity for members of the public to address the legislative body directly pursuant to the Brown Act’s provisions governing public comment. All votes taken during a teleconferenced meeting must be taken by roll call.
“Teleconference” is defined as a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Teleconferencing has never been required. It has always been permissive.
- The Four Teleconferencing Rules of GOV § 54953(b)(3). The Brown Act contains four additional specific requirements for teleconferenced meetings in GOV § 54953(b)(3). Specifically, this paragraph requires all of the following:
- The legislative body shall post agendas at all teleconference locations.
- Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding.
- Each teleconference location shall be accessible to the public.
- During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, with specified exceptions.
- Executive Order N-29-20. In March of 2020, the Governor issued Executive Order N-29-20, which stated that, “Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley-Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived.”
“All of the foregoing provisions concerning the conduct of public meetings shall apply only during the period in which state or local public health officials have imposed or recommended social distancing measures.”
- AB 361 of 2021. Despite the Governor’s executive order, both local and state governing bodies were concerned about their ongoing ability to teleconference without having to disclose the locations of teleconferencing members or make those locations accessible to the public. In response, the Legislature passed and the Governor signed AB 361 (Robert Rivas) Chapter 165, Statutes of 2021. In addition to provisions affecting state governing bodies, AB 361 allowed exemptions to the Brown Act’s teleconferencing requirements during a proclaimed state of emergency.
Specifically, AB 361 authorized a local agency’s legislative body to use teleconferencing for a public meeting without having to post agendas at each teleconference location, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and require at least a quorum of the legislative body to participate from within the local agency’s jurisdiction [the requirements of GOV § 54953(b)(3)]. This flexibility was limited to the following circumstances:
- A legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
- A legislative body holds a meeting during a proclaimed state of emergency for purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
- A legislative body holds a meeting during a proclaimed state of emergency and has determined by majority vote pursuant to b), above, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
AB 361 required a legislative body that chooses to use its provisions to meet the following requirements:
- Notice and Agenda. A legislative body must give notice of the meeting and post agendas as otherwise required by the Brown Act.
- Public Access. A legislative body must allow members of the public to access the meeting, and the agenda must provide an opportunity for members of the public to address the legislative body directly. The legislative body must give notice of the means by which members of the public may access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via call-in option or an internet-based service option. The legislative body need not provide a physical location from which the public may attend or comment.
- Meeting Disruptions. In the event of a disruption that prevents the agency from broadcasting the meeting to the public using the call-in or internet-based service options, or in the event of a disruption within the local agency’s control that prevents the public from offering public comments using the call-in or internet-based service options, the legislative body must take no further action until public access is restored. Actions taken on agenda items during a disruption may be challenged as provided in the Brown Act.
- Public Comment. The legislative body may not require public comments to be submitted in advance, and it must provide an opportunity for the public to address the legislative body and offer comment in real time. The legislative body may use an online third-party system for individuals to provide public comment that requires registration with the system before providing comment. If a legislative body provides a timed public comment period, it may not close the comment period or the time to register until the timed period has elapsed. If the legislative body does not provide a time-limited comment period, it must allow a reasonable time for the public to comment on each agenda item and to register as necessary.
If a state of emergency remains active, or state or local officials have imposed measures to promote social distancing, the legislative body must make specified findings every 30 days in order to continue using the exemptions provided by AB 361. As an urgency measure, AB 361 went into effect on September 16, 2021. It remains in effect until January 1, 2024.
- Bill Summary and Author’s Statement. This bill eliminates the January 1, 2024, sunset date on the provisions of AB 361 and changes the frequency with which a legislative body must make findings in order to continue to use its provisions, from every 30 days to every 45 days.
According to the author, “While the COVID-19 state of emergency is nearing its end, it is still essential that our local agencies continue to have the flexibility to meet remotely during emergencies that would make meeting in person dangerous or nearly impossible. AB 557 is a simple but important tool for local governments to continue to be accessible to the public during a governor-declared state of emergency and continue to provide essential services to residents impacted.”
This bill is sponsored by the California Special Districts Association and the League of California Cities.
- Related Legislation. AB 817 (Pacheco) Allows a subsidiary body of a local agency to use teleconferencing for its meetings without posting agendas at each teleconference location, identifying each teleconference location in the notice and agenda, making each teleconference location accessible to the public, and requiring at least a quorum of the subsidiary body to participate from within the local agency’s jurisdiction, subject to certain conditions. AB 817 bill is pending in this Committee.
AB 1275 (Arambula) authorizes the recognized statewide community college student organization and other student-run community college organizations to use teleconferencing for their meetings without having to post agendas at all teleconferencing locations, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and require a quorum of the student organization’s members participate from a singular physical location. AB 1275 is pending in this Committee.
AB 1379 (Papan) eliminates the Brown Act’s teleconferencing requirements to post agendas at all teleconferencing locations, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and require a quorum of the legislative body to participate from locations within the local agency’s jurisdiction, allows legislative bodies to participate remotely from any location for all but two meetings per year, and makes several changes to the provisions of AB 2449. AB 1379 is pending in this Committee.
SB 411 (Portantino) allows appointed bodies of a local agency to teleconference meetings without having to notice and make publicly accessible each teleconference location, or have at least a quorum participate from locations within the boundaries of the agency. SB 411 is pending in the Senate Judiciary Committee.
SB 537 (Becker) allows appointed bodies of a multijurisdictional local agency to teleconference meetings without having to notice and make publicly accessible each teleconference location, or have at least a quorum participate from locations within the boundaries of the agency. SB 537 is pending in the Senate Judiciary Committee.
- Previous Legislation. AB 1944 (Lee) would have allowed, until January 1, 2030, members of a legislative body of a local agency to use teleconferencing without identifying each teleconference location in the notice and agenda of the meeting, and without making each teleconference location accessible to the public, under specified conditions. AB 1944 was held in the Senate Governance and Finance Committee.
AB 2449 (Blanca Rubio), Chapter 285, Statutes of 2022, allows, until January 1, 2026, members of a legislative body of a local agency to use teleconferencing without identifying each teleconference location in the notice and agenda of the meeting, and without making each teleconference location accessible to the public, under specified conditions.
SB 1100 (Cortese), Chapter 171, Statutes of 2022, allows the presiding member of a local legislative body to remove an individual for disrupting a local agency’s meeting, defines “disrupting” for this purpose, and outlines the procedure that must be followed before an individual may be removed.
AB 339 (Lee) of 2021 would have required, until December 31, 2023, city councils and boards of supervisors in jurisdictions over 250,000 residents provide both in-person and teleconference options for the public to attend their meetings. This bill was vetoed with the following message:
“While I appreciate the author's intent to increase transparency and public participation in certain local government meetings, this bill would set a precedent of tying public access requirements to the population of jurisdictions. This patchwork approach may lead to public confusion. Further, AB 339 limits flexibility and increases costs for the affected local jurisdictions trying to manage their meetings.
“Additionally, this bill requires in-person participation during a declared state of emergency unless there is a law prohibiting in-person meetings in those situations. This could put the health and safety of the public and employees at risk depending on the nature of the declared emergency.
“I recently signed urgency legislation that provides the authority and procedures for local entities to meet remotely during a declared state of emergency. I remain open to revisions to the Brown Act to modernize and increase public access, while protecting public health and safety. Unfortunately, the approach in this bill may have unintended consequences.”
AB 361 (Robert Rivas) Chapter 165, Statutes of 2021, allows, until January 1, 2024, local agencies to use teleconferencing without complying with specified Ralph. M Brown Act restrictions in certain state emergencies, and provides similar authorizations, until January 31, 2022, for state agencies subject to the Bagley-Keene Open Meetings Act and legislative bodies subject to the Gloria Romero Open Meetings Act of 2000.
AB 703 (Rubio) of 2021 would have allowed teleconferencing with only a quorum of the members of a local legislative body participating from a singular location that is clearly identified on an agenda, open to the public, and situated within the boundaries of the local agency. AB 703 was held in this Committee.
- Arguments in Support. A large coalition of supporters, including the California Special Districts Association and the League of California Cities, sponsors of the measure, write, “The changes made to California Government Code section 54953 by Assembly Bill 361 (R. Rivas, 2021) were of vital importance to local agencies looking to meet during the COVID-19 pandemic in order to continue to conduct the people’s business. These changes were necessary in order to permit local agencies to meet during a time that it would have otherwise been impossible to meet in-person safely. Important safeguards were included to ensure transparency and accountability, including the fact that the emergency provisions were only applicable in instances where the California Governor had declared a state of emergency.
“While California seeks to transition to a post-COVID era, the threat of additional emergencies remains, as has been made abundantly clear by recent flooding and wildfires. Absent any legislative intervention, the processes established by AB 361 to provide remote meeting flexibility to local agencies in emergency circumstances will expire at the end of this year. To remain best equipped to address future emergencies and allow local agencies to effectively react and respond, AB 557 would eliminate the sunset on the emergency remote meeting procedures added to California Government Code section 54953. Additionally, AB 557 would adjust the timeframe for the resolutions passed to renew an agency’s temporary transition to emergency remote meetings to 45 days, up from the previous number of 30 days. This legislation will preserve an effective tool for local agencies facing emergencies that would otherwise prevent them from conducting the people’s business when faced with an emergency.”
- Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
California Special Districts Association [CO-SPONSOR]
League of California Cities [CO-SPONSOR]
Alameda County Mosquito Abatement District
Alameda County Resource Conservation District
Anderson Valley Community Services District / Fire Department
Antelope Valley Mosquito and Vector Control District
Arbuckle Parks and Recreation District
Arcade Creek Recreation and Park District
Artesia Cemetery District
Association of California Healthcare Districts
Association of California School Administrators
Bodega Bay Public Utility District
Burbank Sanitary District
California Association of Public Authorities for Ihss
California Association of Recreation & Park Districts
California Downtown Association
California In-home Supportive Services Consumer Alliance
California Municipal Utilities Association
California School Boards Association
California State Association of Counties
California Travel Association (CALTRAVEL)
Calwa Recreation and Park District
Cameron Estates Community Services District
Carpinteria Valley Water District
Central Contra Costa Sanitary District
Chico Area Recreation and Park District
Chino Valley Fire District
City and County Association of Governments of San Mateo County
City Clerks Association of California
City of Belmont
City of Carlsbad
City of Mountain View
City of Woodland
Civicwell (formally the Local Government Commission)
Coachella Valley Public Cemetery District
Coachella Valley Water District
Coastside County Water District
Contra Costa Mosquito and Vector Control District
Copper Cove Rocky Road Community Service District
Cortina Community Services District
Cosumnes Community Services District
County of Monterey
County of Santa Cruz Board of Supervisors
Davis Cemetery District
Delta Diablo
Donner Summit Public Utility District
East Kern Health Care District
Eden Health District
Fall River Resource Conservation District
Feather River Resource Conservation District
Fresno Mosquito and Vector Control District
Fulton-el Camino Recreation and Park District
Gold Mountain Community Services District
Golden Valley Municipal Water District
Goleta West Sanitary District
Goleta; City of
Grossmont Healthcare District
Groveland Community Services District
Health Officers Association of California
Helix Water District
Hidden Valley Lake Community Services District
Hilmar County Water District
Indian Wells Valley Water District
Inverness Public Utility District
Ironhouse Sanitary District
Irvine Ranch Water District
Karr Advocacy Strategies
Kern County Cemetery District No. 1
Keyes Community Services District
Ladera Recreation District
Lake Oroville Area Public Utility District
Los Angeles County Sanitation Districts
Los Angeles Unified School District
Mckinleyville Community Services District
Mckinney Water District
Mendocino County Russian River Flood Control & Water Conservation
Mi Wuk Sugar Pine Fire Protection District
Midpeninsula Regional Open Space District
Mojave Desert Resource Conservation District
Monte Rio Recreation and Park District
Monte Vista Water District
Montecito Fire Protection District
Mosquito & Vector Management District of Santa Barbara County
Mt. View Sanitary District
Muir Beach Community Services District
Murphys Sanitary District
Nevada Sierra Connecting Point Public Authority
North County Fire Protection District
North Sonoma Coast Fire Protection District
Novato Sanitary District
Olympic Valley Public Service District
Orange County Cemetery District
Orange County Water District
Palm Springs Cemetery District
Palos Verdes Library District
Pauma Valley Community Services District
Peninsula Traffic Congestion Relief Alliance (COMMUTE.ORG)
Pit Resource Conservation District
Placer County Air Pollution Control District
Pleasant Valley Recreation and Park District
Ponderosa Community Services District
Rancho Simi Recreation and Park District
Reclamation District 1000
Richardson Bay Sanitary District
Riechel Reports Blog
Rolling Hills Community Services District
Rowland Water District
Running Springs Water District
Rural County Representatives of California
Sacramento Area Council of Governments
Sacramento Metropolitan Fire District
Sacramento Municipal Utility District
San Diego County Water Authority
San Diego; County of
San Gorgonio PASS Water Agency
San Mateo County Habor District
San Mateo; County of
Santa Barbara; County of
Santa Clara Valley Open Space Authority
Santa Clara Valley Water District
Santa Cruz County Board of Supervisors
Santa Margarita Water District
Santa Ynez Community Services District
Santa Ynez River Water Conservation District
Small School Districts Association
Sonoma County Water Agency
South Coast Water District
Southern Marin Fire Protection District
Stallion Springs Community Services District
Stege Sanitary District
Stockton East Water District
Stockton Port District
Strawberry Fire Protection District
Tahoe City Public Utility District
Templeton Community Services District
Three Valleys Municipal Water District
Trinity County Resource Conservation District
Truckee Sanitary District
Tulare Mosquito Abatement District
Tuolumne Fire District
Twain Harte Community Services District
Urban Counties of California (UCC)
Valley Center Fire Protection District
Vandenberg Village Community Services District
Vista Irrigation District
Walnut Valley Water District
Water Replenishment District of Southern California
West Kern Water District
West Valley Mosquito and Vector Control District
Opposition
None on file
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958
Discussed in Hearing
52SEC
Assembly Floor
1MIN
Senate Floor
8MIN
Senate Standing Committee on Judiciary
27MIN
Senate Standing Committee on Governance and Finance
1MIN
Assembly Floor
13MIN
Assembly Standing Committee on Local Government
Bill Author
