Bill that adds additional requirements to public comment periods acquires new amendments

HB 1105 requires public agencies, including cities, that solicit public comment for statutorily specified periods of time to provide notice of the first and last date and time in which the public comment will be accepted. Agencies that fail to do so would be subject to a civil penalty of $500 for the first violation of the act and $1000 for any subsequent violation.

Three amendments were added last week that would require agencies to also specify the first date when written public comment may be submitted, that agencies also specify the time by which written public comment may be submitted, clarified that the agency’s liability for violations of the act take effect regardless of whether a public meeting occurs, and clarified that no member of the agency is personally liable for any violations of the act.

AWC worked with the bill sponsor to address some unclear language in the first version of the bill and ensure that the requirement only applied in situations where there is a statutorily identified time period for public comment. In those cases, the city would need to publish the final date it is accepting comments.

AWC is looking for feedback from cities on the impact of these new amendments. Please reach out to Candice Bock or Katherine Walton.