BBKLAW.COM © 2025 Best Best & Krieger LLP February 4, 2026 Brown Act Updates
Paso Robles City Council
Agenda
1. Passage and Purpose of SB 707
2. Legislative Bodies Covered Under SB 707
3. Updates for Eligible Legislative Bodies
4. General Teleconferencing Updates
5. Miscellaneous Updates
6. Q&A
2 SB 707 (Durazo)
• Parts effective January 1, 2026; other portions effective July 1, 2026
• Purpose: Modernize Brown Act to reflect technological changes and promote greater public participation in
meetings
• Updates include:
New requirements for specific legislative bodies
Expanded/updated teleconferencing options
Other miscellaneous changes
3 ELIGIBLE LEGISLATIVE BODIES
• Most senior body (e.g., council, board) of a…
City over 30k
County over 30k
City in a County over 600k
Special district with a website and
covering all of a county over 600k, and 200+
employees
1k+ employees
$400 million annual revenue and 200+
employees
ALL OTHER LEGISLATIVE BODIES
• Any other body not fitting the “eligible”
description, including…
Boards, Councils, and other principal
leadership
Standing lower decision-making bodies (e.g.,
Planning Commission, Historic Commission,
committees); and
Advisory bodies, etc.
• Good news: Most significant changes under SB
707 will not apply to these bodies
Two Types of Legislative Bodies
4 Requirements for Eligible Legislative Bodies
• Required: Provide access and comment opportunity via
“two-way telephonic service” OR “two-way audiovisual
platform” [Effective July 1, 2026]
Some meetings are excluded (real property/facility tours, emergency meetings)
5 Requirements for Eligible Legislative Bodies
• Required: Adopt policy on disruption of service,
including good faith attempts to restore service for at least an hour [Effective July 1, 2026]
If cannot remedy within 1 hour, MAY reconvene in open session, but MUST adopt a finding, by roll call vote, that:
(1) good faith efforts were taken to restore the service; and (2) the public interest in continuing the meeting
outweighs the public interest in remote public access
6 Requirements for Eligible Legislative Bodies
• Required: Engage with underrepresented communities [Effective July 1, 2026]
Electronic system for accepting and fulfilling requests for meeting agendas and meeting documents; link on homepage
Websites on meeting process must include: (1) a general explanation of the public meeting process; (2) an explanation of the procedures for a member of the public to provide in-person, remote, or written public comment; (3) a calendar of public meeting dates including time and location of each meeting; and (4) the current posted agenda(s) of the body; link on homepage Provide physical space near posted agendas where public can post agenda translations
Make efforts to invite groups that do not usually participate; can use media organizations serving such communities, civic and community groups, etc. for this purpose
7 Requirements for Eligible Legislative Bodies
• Required: Accommodate translation/interpretation
requests (e.g. space, extra time, NOT actual service)
[Effective July 1, 2026]
• Required: Translate and post agenda, including remote attendance info, into any language spoken by >20% of
jurisdiction that also speaks English less than very well [Effective July 1, 2026]
Use most recent American Community Survey,
published by U.S. Census Bureau
8 Teleconferencing Updates – January 1, 2026
“Classic” teleconferencing rules – no changes
Teleconferencing as reasonable accommodation – NEW
Compliance with ADA requirements
Member must participate through both audio and video, unless physical condition necessitates otherwise for video
Before any action is taken, member must disclose whether anyone 18 or older is in the room with them and their relationship
Treated like in-person participation, including for quorum purposes 9 Alternative Teleconferencing Updates –
January 1, 2026
Alternative teleconferencing rules – overall rules for various types of teleconferencing (e.g., allow remote public participation via two-way system, pause during disruptions, announcement by teleconferencing member(s), note participation in minutes, etc.)
Proclaimed state or local emergencies – Minor changes
Just cause – Minor changes (military service)
Eligible subsidiary bodies - NEW
Eligible multijurisdictional bodies - NEW
10 Alternative Teleconferencing Options
• Proclaimed state or local emergencies
Originally adopted during COVID-19 due to social distancing, but can be used for other emergencies (fires, etc.) If necessary, can allow for fully remote public meetings New: Adds local emergencies, “a condition of extreme peril to persons or property proclaimed by the governing body of the local agency” under the California Emergency Services Act, or a local health emergency declared under Health & Safety Code § 101080 within boundaries
• Just cause
Continuation of AB 2449 teleconferencing, adopted in 2022 Continues same rules: Quorum from one location, announcement of reason for teleconferencing at start, camera on Childcare or caregiving to certain family members, travel for official business of state/local agency, immunocompromised family member, medical emergency, military service (new), physical or mental condition not accommodated under other provisions
Use limits: 2x/year if meetings monthly or less; 5x/year if meetings 2x per month; etc. 11 Alternative Teleconferencing Options
Eligible Subsidiary Bodies – NEW
(1) Not main governing body; (2) exclusively an “advisory capacity”; (3) not authorized to take final action on legislation, regulations, contracts, licenses, permits, etc.; and (4) no primary jurisdiction over elections, budgets, police, privacy, library materials, taxes, spending proposals Allows members of subsidiary body to meet fully remotely BUT… MUST still have a physical location where public can attend Legislative body that established subsidiary MUST adopt findings and repeat every 6 months Subsidiary MUST also approve use by majority vote
Not applicable for elected officials serving in official capacity Contains requirements allowing subsidiary body to present recommendations to body that created it
12 Alternative Teleconferencing Options
Eligible Multijurisdictional Bodies – NEW
A legislative body with appointed members that includes representatives from more than one local agency, or a legislative body of a joint powers agency MUST adopt resolution that authorizes the members to use this type of teleconferencing at a regular meeting in open session
May use if: (a) the agenda identifies which member(s) are participating remotely; (b) the member must use both audio and visual technology (camera on) during the meeting; and (c) the member is more than 20 miles each way from any physical meeting location that is open to the public At least a quorum must participate from one or more physical locations that are open to the public and within agency boundaries
Use limits apply; no meeting stipend or per diem compensation for member joining remotely 13 Miscellaneous Updates – January 1, 2026
Social media restrictions – removal of sunsets
Providing copies of Brown Act
Electronic copies may be sufficient; recommend providing option for print version Before final action, summarize salary or benefit changes for department heads and similar positions Duplicative of existing law, but now explicit in Brown Act itself No special meetings on legislative body’s salary or benefits Builds on existing provision for local agency executives Removal of disruptive virtual attendees
Other minor updates/clarifications
14 BBKLAW.COM © 2025 Best Best & Krieger LLP
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Questions
Nicholaus Norvell
(619) 525-1380 | [email protected]
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