OPMA/natural disasters

AN ACT Relating to gatherings of a majority of members of a 1
governing body and action taken by a governing body during a state or 2
federally declared emergency in response to a natural disaster; and 3
amending RCW 42.30.070 and 42.30.230. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 42.30.070 and 2022 c 115 s 8 are each amended to 6
read as follows: 7
(1) The governing body of a public agency shall provide the time 8
for holding regular meetings by ordinance, resolution, bylaws, or by 9
whatever other rule is required for the conduct of business by that 10
body. Unless otherwise provided for in the act under which the public 11
agency was formed, meetings of the governing body need not be held 12
within the boundaries of the territory over which the public agency 13
exercises jurisdiction. If at any time any regular meeting falls on a 14
holiday, such regular meeting shall be held on the next business day.15
(2) If, by reason of fire, flood, earthquake, or other emergency, 16
there is a need for expedited action by a governing body to meet the 17
emergency, the presiding officer of the governing body may provide 18
for a meeting site other than the regular meeting site, for a remote 19
meeting without a physical location, or for a meeting at which the 20
physical attendance by some or all members of the public is limited 21
S-3744.1
SENATE BILL 6000
State of Washington 69th Legislature 2026 Regular Session
By Senator Wagoner
Prefiled 01/05/26.
p. 1 SB 6000
due to a declared emergency, and the notice requirements of this 1
chapter shall be suspended during such emergency. 2
(3) During a state or federally declared emergency in response to 3
a natural disaster, it shall not be a violation of the requirements 4
of this chapter for a majority of the members of a governing body to 5
attend briefings held by county, state, or federal agencies 6
responding to the natural disaster; to conduct visual inspections of 7
damage from the natural disaster by boat, plane, or other vehicle; or 8
to hold or attend press conferences related to the natural disaster: 9
PROVIDED, That they take no final action as defined in this chapter.10
(4) It shall not be a violation of the requirements of this 11
chapter for a majority of the members of a governing body to travel 12
together or gather for purposes other than a regular meeting or a 13
special meeting as these terms are used in this chapter: PROVIDED, 14
That they take no action as defined in this chapter.15
Sec. 2. RCW 42.30.230 and 2022 c 115 s 5 are each amended to 16
read as follows: 17
(1) If, after the declaration of an emergency by a local or state 18
government or agency, or by the federal government, a public agency 19
determines that it cannot hold a meeting of the governing body with 20
members or public attendance in person with reasonable safety because 21
of the emergency, the public agency may: 22
(a) Hold a remote meeting of the governing body without a 23
physical location; or 24
(b) Hold a meeting of the governing body at which the physical 25
attendance by some or all members of the public is limited due to a 26
declared emergency. 27
(2) During a remote meeting, members of the governing body may 28
appear or attend by phone or by other electronic means that allows 29
real-time verbal communication without being in the same physical 30
location. For a remote meeting or a meeting at which the physical 31
attendance by some or all members of the public is limited due to a 32
declared emergency, the public agency must provide an option for the 33
public to listen to the proceedings telephonically or by using a 34
readily available alternative in real-time that does not require any 35
additional cost for participation. Free readily available options 36
include, but are not limited to, broadcast by the public agency on a 37
locally available cable television station that is available 38
throughout the jurisdiction or other electronic, internet, or other 39
p. 2 SB 6000
means of remote access that does not require any additional cost for 1
access to the program. The public agency may also allow the other 2
electronic means of remote access. 3
(3) No action may be taken at a remote meeting or a meeting at 4
which the physical attendance by some or all members of the public is 5
limited due to a declared emergency if the public agency has not 6
provided an option for the public to listen to proceedings pursuant 7
to subsection (2) of this section, except for an executive session as 8
authorized in this chapter or as authorized in subsection (7) of this 9
section. 10
(4) Notice of a remote meeting without a physical location or a 11
meeting at which the physical attendance by some or all members of 12
the public is limited due to a declared emergency must be provided in 13
accordance with this chapter and must include instructions on how the 14
public may listen live to proceedings and on how the public may 15
access any other electronic means of remote access offered by the 16
public agency. 17
(5) A remote meeting or a meeting at which the physical 18
attendance by some or all members of the public is limited due to a 19
declared emergency that is held under the provisions of this section 20
shall be considered open and public in compliance with the 21
requirements of this chapter. Nothing in this section alters the 22
ability of public agencies to take action in response to an emergency 23
as provided for in RCW 42.30.070, or to have members of a governing 24
body participate in a meeting remotely with no declared emergency.25
(6) Notwithstanding any other provision in this section, any 26
governing body of a public agency which held some of its regular 27
meetings remotely prior to March 1, 2020, may continue to hold some 28
of its regular meetings remotely with no declared emergency so long 29
as the public agency provides an option for the public to listen to 30
the proceedings pursuant to subsection (2) of this section.31
(7) During a state or federally declared emergency in response to 32
a natural disaster, a governing body of a local government located 33
within the area of the declared emergency may take action on items 34
directly related to the declared emergency at a remote meeting or a 35
meeting at which the physical attendance by some or all members of 36
the public is limited due to a declared emergency including, but not 37
limited to:38
(a) Authorizing emergency measures;39
(b) Approving emergency ordinances;40
p. 3 SB 6000
(c) Approving spending or contracts to manage disaster response 1
or recovery; or2
(d) Approving agreements with state or federal agencies to manage 3
disaster response or recovery.4
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p. 4 SB 6000