Bill Text: CA AB1852 | 2023-2024 | Regular Session | Chaptered
Bill Title: Joint powers agencies: Clean Power Alliance of Southern California: meetings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-06-26 - Chaptered by Secretary of State - Chapter 24, Statutes of 2024. [AB1852 Detail]
Download: California-2023-AB1852-Chaptered.html
Assembly Bill
No. 1852
CHAPTER 24
An act to amend Section 54956.96 of the Government Code, relating to local government.
[
Approved by
Governor
June 26, 2024.
Filed with
Secretary of State
June 26, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1852, Pacheco.
Joint powers agencies: Clean Power Alliance of Southern California: meetings.
Existing law, the Ralph M. Brown Act, requires that meetings of the legislative body of a local agency, including a joint powers agency, be open and public, with specified exceptions authorizing closed sessions for specified purposes. Existing law authorizes a joint powers agency to, among other things, authorize, as specified, a designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member to attend closed sessions of the joint powers agency. Existing law makes certain information presented to the joint powers agency in closed session confidential, and authorizes a member of the legislative body of a local agency member to disclose certain information obtained in a closed session to legal counsel of that member local agency for specified purposes or to other members of the legislative body of that local
agency in a closed session, as specified.
Existing law further authorizes the Clean Power Alliance of Southern California, or its successor entity, to authorize a designated alternate member of its legislative body who is not a member of the legislative body of a local agency member to attend its closed sessions and to make similar disclosures described above, as specified. If the Clean Power Alliance of Southern California, or its successor entity, exercises this authority, existing law requires it to establish certain policies to prevent conflicts of interest and to address breaches of confidentiality. Existing law repeals these provisions relating to the Clean Power Alliance of Southern California on January 1, 2025.
This bill would extend that repeal date to January 1, 2030.
This bill would make legislative findings and declarations as to the necessity of a
special statute for the Clean Power Alliance of Southern California.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 54956.96 of the Government Code, as amended by Section 1 of Chapter 248 of the Statutes of 2019, is amended to read:54956.96.
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:(1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member.
(B) Other members of the legislative body of the local agency present in a closed session of that local agency member.
(2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers agency.
(b) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of
Southern California, or its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that authorizes both of the following:
(A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the Clean Power Alliance of Southern California, or its successor entity, in lieu of a local agency member’s regularly appointed member, to attend closed sessions of the Clean Power Alliance of Southern California, or its successor entity.
(B) All information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local
agency member, and that is presented to the Clean Power Alliance of Southern California, or its successor entity, in closed session, shall be confidential. However, the designated alternate member may disclose information obtained in a closed session that has direct financial or liability implications for the local agency member for which the designated alternate member attended the closed session, to the following individuals:
(i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member.
(ii) Members of the legislative body of the local agency present in a closed session of that local agency member.
(2) If the Clean Power Alliance of Southern California, or its successor entity, adopts a policy or
bylaw or includes in its joint powers agreement a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern California, or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California, or its successor entity.
(c) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a) or (b), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or
paragraph (1) of subdivision (b).
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 2.
Section 54956.96 of the Government Code, as added by Section 2 of Chapter 248 of the Statutes of 2019, is amended to read:54956.96.
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:(1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member.
(B) Other members of the legislative body of the local agency present in a closed session of that local agency member.
(2) A designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers agency.
(b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers
agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a).
(c) This section shall become operative on January 1, 2030.
