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