Sweeping Brown Act changes advance to Gov. Gavin Newsom’s desk

Cal Cities will publish an in-depth explainer on SB 707 soon

By Johnnie Piña, legislative advocate (governance)

Cal Cities is urging Gov. Gavin Newsom to veto proposed changes to the Ralph M. Brown Act. The bill passed last week and would dramatically overhaul local government meeting requirements.

While Cal Cities supports modernizing the Brown Act - and the author did incorporate language from Cal Cities' sponsored legislation - the measure would create a host of operational, fiscal, and legal challenges for cities. SB 707 (Durazo) also raises major, unresolved technical and implementation questions while providing little in the way of flexibility or resources.

Among other things, SB 707 would create new remote public comment, translation, and outreach requirements. It would also create new exemptions from certain teleconferencing requirements and extend sunsetting Brown Act laws.

The bill would apply many of these mandates unevenly due to its overlapping definitions of legislative bodies. For example, roughly 100 smaller cities would be exempt from the new rules. However, 100 cities of the same size would need to comply simply because they are in larger counties.

Taken together, these mandates would create significant new costs - from expensive audiovisual equipment and translation services to staff training, staff time, website redesigns, and facility modifications. Cities are already facing fiscal strain due to state budget pressures, flat revenues, and new unfunded mandates. Unlike other mandates, Brown Act obligations are not eligible for state reimbursement, meaning cities must absorb the full cost of compliance.

Adding to the imbalance, the state itself is exempt from the very rules it seeks to impose. The Legislature, state boards, and commissions are not bound by the same translation, hybrid access, or posting requirements that cities would face.

The measure would also amend the Brown Act to impact all legislative bodies. These changes center around teleconferencing, compensation agenda items, and what the presiding member of a legislative body may do during a Zoom bombing, among many other changes.

Cal Cities is currently preparing an in-depth explainer on the bill's many proposed requirements, which will be distributed soon. For more information, including how to oppose the measure, contact your regional public affairs manager or use Cal Cities' veto request sample letter.

The Governor has until Oct. 13 to sign or veto the measure.