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Amid confusion around the Governor’s recent actions to sunset specified paragraphs in Executive Order N-25-20 and N-35-20, it is worth clarifying that the March 31, 2022 date specified in the February 2022 rollback of certain executive actions has no effect on special districts’ ability to rely on the provisions of Assembly Bill 361 (R. Rivas, 2021) to continue to meet remotely under the modified Brown Act requirements established by that bill. This is because AB 361 does not rely on any previous executive orders, but instead remains operative and available to special districts by virtue of the fact that the March 4, 2020 state of emergency proclamation remains active.

Special districts were already obligated to transition to the remote meeting rules established by AB 361 after September 30, 2021, following the Governor’s issuance of Executive Order N-15-21. If a special district did not wish to use the modified procedures established by AB 361 after September 30 2021, it could still instead opt to use the traditional teleconference rules that were in place within the Brown Act prior to the COVID-19 pandemic. Otherwise, a special district could hold its meetings in-person where that option was not otherwise precluded by other health regulations or local guidance. Regardless, the February 2022 rollback of the Governor’s previous Executive Orders had no effect on special districts and their obligations under the Brown Act.

Unless and until the Governor rescinds the March 4, 2020 state of emergency proclamation, special districts remain able to rely on AB 361 and its remote meeting provisions. AB 361 will sunset by its own provisions on January 1, 2024. Without subsequent action by the State Legislature, this authority to conduct remote meetings under modified open meeting procedures during emergencies will terminate on that date and local agencies will need to abide by all traditional Brown Act teleconference provisions in order to meet remotely.

For more information, CSDA has provided its members with an AB 361 Implementation Guide that should assist special districts with understanding the provisions of AB 361 and their responsibilities when meeting pursuant to those provisions. Readers should consult those materials for additional insight related to this matter.