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Brown Act and Water Shutoff Emergency Executive Orders Set to Expire September 30

By Vanessa Gonzales posted 06-15-2021 11:33 AM

  

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Last week, Governor Gavin Newsom released his plan, Beyond the Blueprint, to fully reopen California on June 15, as well as Executive Order N-08-21, which establishes a timeline to lift the COVID-19 pandemic Executive Orders. Under Governor Newsom’s plan his Executive Orders related to the Brown Act and the water shutoff moratorium will expire September 30, 2021.

 



Brown Act Executive Order Expiring September 30
 

Governor Newsom’s Executive Order N-29-20  temporarily amended the Brown Act to allow public agencies to hold remote meetings without in-person public participation since last March. Under the Governor's reopening plan, the Brown Act provisions within Executive Order N-29-20 will be lifted on September 30. Any local agency meetings taking place after that time must ensure physical public access to all meeting locations.

 

Lifting the Executive Order doesn’t mean that public agencies will be precluded from allowing the public to participate in meetings by telephone or through online systems like Zoom. During the COVID-19 pandemic many public agencies have experienced both an increased comfort level with the virtual meeting systems as well as seen an increase in public participation in their meetings, many local agencies are likely to continue to offer some form of virtual attendance option in addition to the in-person option.

 

The Brown Act Executive Order provided valuable flexibility for special districts and other local agencies to continue conducting the public’s business in the midst of an emergency. Lessons learned from this experience led CSDA to sponsor AB 361 (Robert Rivas), which will establish this important flexibility in statue in anticipation of future declared emergencies. AB 361 passed the State Assembly 62-4, with widespread bi-partisan support, and will next be heard in the State Senate Governance and Finance Committee. CSDA encourages special districts to submit a letter of support or complete our Automated Form Letter at csda.net/take-action/brown-act.

 

Water Shutoff Moratorium Executive Order Expiring September 30 

Governor Newsom’s Executive Order N-42-20, known as the water shutoff moratorium, prevented public agencies from discontinuing water service during the COVID-19 pandemic. Under the Governor’s reopening plan, the shutoff moratorium provisions within Executive Order N-42-20 will also be lifted on September 30. Local agencies will still be required to adhere to all existing state laws and regulations related to utility shutoffs.

 

Until September 30, both the Brown Act Executive Order and water shutoff Executive Order will remain in place and have the full force and effect of law. Click here to view the Governor's full press release and access links to the details of his reopening plan. CSDA will continue to provide updates regarding reopening and the executive orders as they become available.


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