Page 75 - 2026 Lozano Smith Brown Act Handbook

(3) The eligible legislative body shall make available a physical location that is freely accessible
to the public in reasonable proximity to the physical location in which the agenda and
translations are posted as described in paragraph (1), and shall allow members of the public to
post additional translations of the agenda in that location.

(4) The eligible legislative body is not responsible for the content or accuracy of any translation
provided pursuant to this subdivision. No action shall be commenced or maintained against an
eligible legislative body arising from the content, accuracy, posting, or removal of any
translation provided by the eligible legislative body or posted by any person pursuant to this
subdivision.

(5) For the purposes of this section, the agenda does not include the entire agenda packet.

(d) This section shall not be construed to affect or supersede any other applicable civil rights,
nondiscrimination, or public access laws.

(e) For purposes of this section, all of the following definitions apply:

(1)(A) “Applicable languages” means languages, according to data from the most recent
American Community Survey, spoken jointly by 20 percent or more of the applicable
population, provided that 20 percent or more of the population that speaks that language in that
city or county speaks English less than “very well.”

(B) For the purposes of subparagraph (A), the applicable population shall be determined as
follows:

(i) For an eligible legislative body that is a city council or county board of supervisors, the
applicable population shall be the population of the city or county.

(ii) For an eligible legislative body of a special district, the applicable population shall be either
of the following, at the discretion of the board of directors of the special district:

(I) The population of the county with the greatest population within the boundaries of the special
district.

(II) The population of the service area of the special district, if the special district has the data to
determine what languages spoken by the population within its service area meet the requirements
of paragraph (A).

(C) If more than three languages meet the criteria set forth in subparagraph (A), “applicable
languages” shall mean the three languages described in subparagraph (A) that are spoken by the
largest percentage of the population.

(D) An eligible legislative body may elect to determine the applicable languages based upon a
source other than the most recent American Community Survey if it makes a finding, based upon
substantial evidence, that the other source provides equally or more reliable data for the territory
over which the eligible legislative body exercises jurisdiction.

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