A group of people sit at a conference table with laptops, participating in a video call with colleagues on a large screen, ensuring compliance with the Brown Act for transparent and open public meetings.

Changes to the Brown Act: SB 707 Becomes Law

AB 2449 Sunsets
Out with the old: AB 2449’s narrow teleconferencing allowances for “just cause” or “emergency circumstances” will sunset on January 1, 2026.

 

SB 707 Becomes Law
In with the new: On October 3, 2025, the Governor signed SB 707 into law. The statute extends modified teleconference options for boards through January 1, 2030, and streamlines how they work. It folds the prior “emergency circumstances” pathway into an expanded “just cause” category and tightens several requirements to cut down on confusion. Starting January 1, 2026, a board member may attend remotely for “just cause” when circumstances such as caregiving needs, a contagious illness, a physical or mental condition not otherwise accommodated, official travel for school business, an immunocompromised family member, a physical or family medical emergency, or certain military service obligations prevent in-person attendance. When a board member uses just cause, the minutes must note the specific statutory basis for the remote appearance, and, unless the remote appearance is granted as a disability accommodation, the board member must participate by both audio and video. However, even when using the revised just cause teleconferencing option, a quorum of the board must still meet in person together at a single noticed location within the agency’s jurisdiction.

 

Limits on How Often “Just Cause” Can Be Used
SB 707 imposes annual limits on how often an individual board member may utilize the “just cause” remote attendance option, tying the cap to the board’s meeting frequency. A board member may not attend meetings remotely for just cause more than:

  • Two (2) meetings per calendar year – if the board meets once a month or less.
  • Five (5) meetings per year – if the board meets twice a month.
  • Seven (7) meetings per year – if the board meets three or more times a month.

 

Separate Emergency Teleconference Track Preserved
SB 707 also preserves a separate teleconferencing track for emergencies and even expands it. During a proclaimed state or local emergency (such as a statewide emergency or a local emergency declared by local authorities), a legislative body may choose to meet entirely remotely without following the usual Brown Act teleconference rules. This emergency provision, similar to the expired AB 361 (2021) rules, allows agencies to convene via teleconference with no in-person meeting location. To use this option, the body must make an initial finding by majority vote that meeting in person would present imminent risks to the health or safety of attendees due to the emergency, and then reconfirm that finding every 45 days.

 

Other Notable Changes
SB 707 clarifies that board chairs (or their designee) may warn and remove truly disruptive remote participants, not just those who are appearing in person. It also confirms that when a board member participates remotely as a reasonable accommodation for a disability, their attendance is counted as if they were physically present for purposes of quorum. The law also expressly permits that board member to attend via audio only if their disability prevents the use of a camera. SB 707 also mandates a new step for board onboarding, requiring boards to provide a copy of the Brown Act to any new board members. Existing members are not explicitly required to receive a copy, but many boards may choose to do so to ensure everyone is up to speed on the new provisions. You can satisfy this requirement by providing YM&C’s Compilation of the Ralph M. Brown Act to each new board member.

 

Download Legal Alert

document icon

For specific questions regarding this legal alert, please contact:

A smiling man in a suit and red tie stands confidently against a dark patterned background, embodying the essence of compliance amidst California Conflict of Interest Laws.
Jerry Simmons
Partner
Phone Email
Woman with long wavy hair wearing a dark blazer and white shirt, smiling in front of a patterned blue background.
Kaela Haydu
Partner
Phone Email