Part I
Changes to
Brown Act (SB 707)
Foster City
February 24, 2026
Overview
• Senate Bill (SB) 707 was signed into
law on October 3, 2025
• Portions take effect on
January 1, 2026 and July 1, 2026
• Sunsets on January 1, 2030
• Aimed at improving public access to
meetings
Overview
SB 707 Makes significant revisions to Brown Act in three important ways:
1) It requires “eligible legislative bodies” to allow members of the public to participate remotely;
2) It changes the way officials can participate in a meeting remotely from an undisclosed location; and
3) It creates a new category for “eligible subsidiary bodies,” to allow exclusively advisory bodies to all meet remotely.
Requirements for “Eligible Legislative Bodies”
(City Council)
Must allow remote participation via two-way telephonic or two-way audio-visual platform.
“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
service.
“Two-way telephonic service” means a telephone
service that does not require internet access and
allows participants to dial a telephone number to
listen and verbally participate.
Requirements for “Eligible Legislative Bodies”
(City Council)
If two-way audio-visual platform is provided, real time-captioning must be activated if function is included.
Must reasonably assist members of the public who wish to translate a public meeting or receive interpretation by another member of the public. Must adopt policy regarding telephonic/internet disruptions that includes:
Procedures for recessing/reconvening if telephone/internet service is disrupted; and
Specifies efforts that the body shall make to attempt to restore the service; and Specifies that if there is a disruption in telephone/internet service, the body will make a good faith attempt to restore the service and will reconvene when service is restored or after one hour, whichever is earlier.
Requirements for “Eligible Legislative Bodies”
(City Council)
Must translate agenda into all “applicable languages”, which means languages spoken by 20% or more of the population of the City that speaks English less than “very well” (For Foster City, staff has determined that the agenda will need to be translated into Chinese; Must provide a webpage “dedicated to public meetings” Must make reasonable efforts to invite groups “that do not traditionally participate in public meetings” to attend meetings.
Optional Alternative Teleconferencing
(For All Legislative Bodies)
Members of legislative bodies may attend a limited
number of meetings annually for “just cause”
circumstances from an undisclosed remote
location.
Teleconferencing official must use both audio and
video
If using the “just cause” circumstances, a quorum
of the body must be in a single physical location
Requires specific provision of law authorizing
remote participation be noted in minutes of
meeting
Optional Alternative Teleconferencing
(For All Legislative Bodies)
Deletes “emergency circumstances”
“Just cause” circumstances includes
caregiving/childcare for designated family members;
contagious illness;
physical or mental condition requiring teleconferencing; travel on official government business, including city business; care for immunocompromised family members;
physical or family medical emergency;
military service obligations requiring services 50 or more miles outside city.
Teleconferencing for “Eligible Subsidiary Bodies”
Members of “eligible subsidiary bodies” may all attend a meeting remotely, if authorized by the legislative body.
“Eligible subsidiary bodies” must be:
Advisory
Cannot take final action on legislation, regulations, contracts, licenses, permits, entitlements, grants, or fund allocations; and
Cannot have primary subject matter jurisdiction over elections, budgets, police oversight, privacy, restricting access to library materials, taxes, or related spending proposals.
Teleconferencing for “Eligible Subsidiary Bodies”
Teleconferencing official must use both
audio and video
One physical meeting location must be
open to the public, with at least one staff
member present.
Legislative body must make findings to
approve and must reauthorize every six
months.
Other Changes to the Brown Act
SB 707 makes a number of other general revisions to the Brown Act including:
Confirms that an official with a disability may participate remotely as a reasonable accommodation;
Extends emergency teleconferencing option to local emergencies; Extends the prohibition on officials communicating on a social media platform;
Other Changes to the Brown Act
Prohibits disruptions for teleconferenced meetings;
Extends requirement for oral report of compensation to department heads; and
Requires distribution of copies of the Brown Act and list of meeting locations to all officials.
Next Steps to Meet “Eligible Legislative Body”
Deadline of July 1st
Evaluating staffing and technology needs to upgrades and staffing needs to comply with public participation requirements for Council meetings; Developing plan for outreach to encourage public participation in meetings; Evaluating what, if any upgrades are necessary to the City’s meeting webpages;
Developing disruption policy for connectivity issues; and Training for Council and staff on any new procedures/requirements.
QUESTIONS?