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2026 California Open Government Law Updates

California Choice Energy Authority (CalChoice) Board of Directors
November 13, 2025

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2026 California Open Government Law Updates
Meeting
November 13, 2025
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California Choice Energy Authority (CalChoice) Board of Directors
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Text extracted from the CCA's file for reading and search. Open the original on californiachoiceenergyauthority.com. That file is the official record.

2026 California Open
Government Law Updates
Key Provisions of SB 707, AB 370, AB 343, and AB 1286
Presented by: Allison E. Burns
To: CalChoice Board of Directors
Date: November 13, 2025
Overview
• In 2025, Governor Newsom signed several bills—SB 707, AB 370, AB 343, and AB 1286—revising provisions of:
• The Brown Act (open meetings)
• The California Public Records Act (CPRA)
• The Political Reform Act (ethics disclosure)
• Most provisions become effective January 1, 2026.

The Brown Act
Updates under SB 707:
• Revised teleconferencing and remote participation rules. • Permanent authorization for limited social media engagement by officials.
• Mandatory distribution of the Brown Act text to board members. • Broader public recording rights during meetings.
• Expanded authority to remove disruptive participants, including remote attendees
Remote Participation as ADA Accommodation
New Provision (Gov. Code § 54953(c))
Members may participate remotely as a reasonable accommodation for disability under the ADA.

Conditions:
• Participation must include audio and video, unless disability precludes video.
• Member must disclose if another adult is present and describe their relationship.
• Remote attendance counts toward quorum and must be recorded in the minutes.

Post-COVID Teleconferencing Framework
Simplified Rules (Gov. Code § 54953.8.3)
• The former “emergency circumstances” and “just cause” exceptions are merged into one “just cause” category. • “Just cause” includes caregiving duties, illness, emergencies, or military service.

Procedural Requirements:
• Remotely participating member must notify the Board at the earliest opportunity of need to participate remotely and a general description of the circumstances requiring remote attendance • A quorum of the Board must participate in person from a singular physical location identified on the agenda. • Teleconference meeting rules apply:
• Roll-call voting
• Protect public access and participation rights – including real time public comments • Two-way audio and visual participation
• Meeting must be suspended during disruptions to remote participation • Remotely participating members must state whether individuals over 18 are present and their relationship to the member • The meeting minutes must identify the members who participated and the basis for “just cause” remote participation, as applicable.
• May be used twice per year.

Social Media and the Brown Act
Permanent Rule (Gov. Code § 54952.2(b)(3)(A))
• Members of a legislative body may use social media to:
• Share or solicit information from members of the public, or • Respond to public inquiries.
• However, discussion or debate among members on the same social media post remains prohibited.

Public Access and Conduct in Meetings
• Agencies must provide all legislative body members a hard copy of the Brown Act (now mandatory).
• Members of the public may now record meetings using any device (language of statute no longer limited to film cameras). • Presiding officers may remove disruptive participants, whether attending in person or remotely, to maintain orderly proceedings.

Multijurisdictional Legislative Bodies
Applicability: Entities composed of representatives from multiple local agencies (e.g., joint powers authorities like CalChoice).

New Teleconferencing Option (Gov. Code § 54953.8.7):
• Permitted if:
• A quorum participates from public, in-jurisdiction locations. • Remote participants use audio and video.
• Remote sites are 20+ miles away from the meeting location. • For CalChoice, use is limited to 2 times per member per year. • Members who are compensated to attend must attend from a location open to the public.

Provisions for “Eligible Legislative Bodies”
Effective July 1, 2026 (applies to large cities, counties, and special districts only – CalChoice is not an “eligible legislative body”) • Must provide two-way telephonic or audiovisual access for public participation. • Must adopt policies on technical disruptions before July 1, 2026. • Required to accommodate interpretation services for limited-English speakers.
• Must maintain a public meeting webpage with:
• Meeting procedures, calendar, and agendas.
• Information on how to provide in-person and remote public comment. • Translations where ≥20% of the population speaks a given language and lacks high English proficiency.

The California Public Records Act (CPRA)
Amendments under AB 370 and AB 343
• Agencies requesting a 14-day extension due to a state of emergency must demonstrate the emergency actively and directly impedes their ability to respond.
• Adds a new basis for extension: cybersecurity incidents preventing electronic access to records.
• Reinforces the expectation of timely, transparent access to public information despite external challenges
The Political Reform Act
Amendments under AB 1286
• Requires public officials to disclose any arrangement for prospective employment on Form 700.
• Defined as an accepted offer of future employment, even if the official has not yet begun work.

Effective Dates
Law Effective Date Focus Area
SB 707 – Brown Jan 1, 2026 Brown Act – Open Meetings & Remote Participation AB 370 & AB 343 Jan 1, 2026 California Public Records Act (CPRA) AB 1286 Jan 1, 2026 Political Reform Act – Disclosure Requirements SB 707 July 1, 2026 Brown Act - Remote Access and Language Translation for Eligible Legislative Bodies

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