Bill Text: CA AB792 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Utility user tax: exemption: distributed generation systems.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-04 - Chaptered by Secretary of State - Chapter 534, Statutes of 2013. [AB792 Detail]

Download: California-2013-AB792-Amended.html

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BILL NUMBER: AB 792	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2013

   An act to amend Sections 54954.2 and 54956 of the Government Code,
relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 792, as amended, Mullin. Local government: open meetings.
   The Ralph M. Brown Act enables the legislative body of a local
agency to call both regular and special meetings. The act requires
the legislative body of a local agency to post, at least 72 hours
before the meeting, an agenda containing a brief general description
of each item of business to be transacted or discussed at a regular
meeting, in a location that is freely accessible to members of the
public, and to provide a notice containing similar information with
respect to a special meeting at least 24 hours prior to the special
meeting. The act requires that the agenda or notice be freely
accessible to members of the public, and be posted on the local
agency's Internet Web site, if the local agency has one.
   This bill, if the local agency is unable to post the agenda or
notice on its Internet Web site because of  software or
hardware   software, hardware, or network services 
impairment beyond the local agency's reasonable control, would
require the local agency to post the agenda or notice immediately
upon resolution of the technological problems. The bill would provide
that the delay in posting, or the failure to post, the agenda or
notice would not preclude a local agency from conducting the meeting
or taking action on items of business, provided that the agency has
complied with all other relevant requirements.
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 54954.2 of the Government Code is amended to
read:
   54954.2.  (a) (1) At least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, shall post an
agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including
items to be discussed in closed session. A brief general description
of an item generally need not exceed 20 words. The agenda shall
specify the time and location of the regular meeting and shall be
posted in a location that is freely accessible to members of the
public and on the local agency's Internet Web site, if the local
agency has one. If requested, the agenda shall be made available in
appropriate alternative formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
adopted in implementation thereof. The agenda shall include
information regarding how, to whom, and when a request for
disability-related modification or accommodation, including auxiliary
aids or services, may be made by a person with a disability who
requires a modification or accommodation in order to participate in
the public meeting.
   (2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda, except that members of a legislative
body or its staff may briefly respond to statements made or questions
posed by persons exercising their public testimony rights under
Section 54954.3. In addition, on their own initiative or in response
to questions posed by the public, a member of a legislative body or
its staff may ask a question for clarification, make a brief
announcement, or make a brief report on his or her own activities.
Furthermore, a member of a legislative body, or the body itself,
subject to rules or procedures of the legislative body, may provide a
reference to staff or other resources for factual information,
request staff to report back to the body at a subsequent meeting
concerning any matter, or take action to direct staff to place a
matter of business on a future agenda.
   (b) Notwithstanding subdivision (a), the legislative body may take
action on items of business not appearing on the posted agenda under
any of the conditions stated below. Prior to discussing any item
pursuant to this subdivision, the legislative body shall publicly
identify the item.
   (1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
   (2) Upon a determination by a two-thirds vote of the members of
the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and
that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision
(a).
   (3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior
meeting the item was continued to the meeting at which action is
being taken.
   (c) This section is necessary to implement and reasonably within
the scope of paragraph (1) of subdivision (b) of Section 3 of Article
I of the California Constitution.
   (d) For purposes of subdivision (a), the requirement that the
agenda be posted on the local agency's Internet Web site, if the
local agency has one, shall only apply to a legislative body that
meets either of the following standards:
   (1) A legislative body as that term is defined by subdivision (a)
of Section 54952.
   (2) A legislative body as that term is defined by subdivision (b)
of Section 54952, if the members of the legislative body are
compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as
that term is defined by subdivision (a) of Section 54952.
   (e) (1) For purposes of the Internet posting requirements in
subdivision (a), if the local agency is unable to post the agenda on
the local agency's Internet Web site because of software or hardware
impairment beyond the local agency's reasonable control, the local
agency shall post the agenda immediately upon resolution of the
technological problems. These circumstances shall not preclude the
legislative body of the local agency from conducting the meeting or
taking action on items of business, provided that the local agency
has complied with all other requirements of subdivision (a). The
legislative body, or its designee, shall announce at the beginning of
the meeting the reason for the failure to post, or the delay in
posting, the agenda  on the local agency's Internet Web site
 .
   (2) For purposes of this subdivision, "software or hardware
impairment beyond the local agency's reasonable control" means that
the local agency is unable to utilize the computer software,
hardware, or network services to post the agenda or agendas to the
local agency's Internet Web site due to inoperability of the 
software or hardware   software, hardware, or network
services  caused by a malicious act, introduction of a malicious
program, including, but not limited to, a computer virus, an
electrical outage affecting the local agency's computer network, or
unanticipated system or equipment inoperability or failure.
  SEC. 2.  Section 54956 of the Government Code is amended to read:
   54956.  (a) A special meeting may be called at any time by the
presiding officer of the legislative body of a local agency, or by a
majority of the members of the legislative body, by delivering
written notice to each member of the legislative body and to each
local newspaper of general circulation and radio or television
station requesting notice in writing and posting a notice on the
local agency's Internet Web site, if the local agency has one. The
notice shall be delivered personally or by any other means and shall
be received at least 24 hours before the time of the meeting as
specified in the notice. The call and notice shall specify the time
and place of the special meeting and the business to be transacted or
discussed. No other business shall be considered at these meetings
by the legislative body. The written notice may be dispensed with as
to any member who at or prior to the time the meeting convenes files
with the clerk or secretary of the legislative body a written waiver
of notice. The waiver may be given by telegram. The written notice
may also be dispensed with as to any member who is actually present
at the meeting at the time it convenes.
   The call and notice shall be posted at least 24 hours prior to the
special meeting in a location that is freely accessible to members
of the public.
   (b) Notwithstanding any other law, a legislative body shall not
call a special meeting regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits, of a local agency
executive, as defined in subdivision (d) of Section 3511.1. However,
this subdivision does not apply to a local agency calling a special
meeting to discuss the local agency's budget.
   (c) For purposes of subdivision (a), the requirement that the
notice be posted on the local agency's Internet Web site, if the
local agency has one, shall only apply to a legislative body that
meets either of the following standards:
   (1) A legislative body as that term is defined by subdivision (a)
of Section 54952.
   (2) A legislative body as that term is defined by subdivision (b)
of Section 54952, if the members of the legislative body are
compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as
that term is defined by subdivision (a) of Section 54952.
   (d) (1) For purposes of the Internet posting requirements in
subdivision (a), if the local agency is unable to post the notice on
the local agency's Internet Web site because of software or hardware
impairment beyond the local agency's reasonable control, the local
agency shall post the notice immediately upon resolution of the
technological problems. These circumstances shall not preclude a
legislative body of the local agency from conducting the meeting or
taking action on items of business, provided that the local agency
has complied with all other requirements of subdivision (a). The
legislative body, or its designee, shall announce at the beginning of
the meeting the reason for the failure to post, or the delay in
posting, the notice  on the local agency's Internet Web site
.
   (2) For purposes of this subdivision, "software or hardware
impairment beyond the local agency's reasonable control" means that
the local agency is unable to utilize the computer software,
hardware, or network services to post the notice or notices to the
local agency's Internet Web site due to inoperability of the 
software or hardware   software, hardware, or network
services  caused by a malicious act, introduction of a malicious
program, including, but not limited to, a computer virus, an
electrical outage affecting the local agency's computer network, or
unanticipated system or equipment inoperability or failure.
  SEC. 3.  The Legislature finds and declares that Sections 1 and 2
of this act, which amend Sections 54954.2 and 54956 of the Government
Code, impose a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
   If unavoidable technical malfunctions or malicious acts prevent
local agencies from carrying out the people's business, efficient
governance is impeded. Therefore, the health and safety of the people
of California are enhanced by giving governing bodies the authority
to conduct meetings without complying with Internet posting
requirements when that compliance is unavoidable due to circumstances
beyond the local agency's control.