Water

SB 965 (Wright) – Pending
As Introduced January 11, 2012

Senate Bill 965, by Senator Rod Wright, clarifies that there is no prohibition on ex parte communications between members of the State Water Resources Control Board or the California regional water quality boards, and the regulated community in connection with specified permit proceedings, including those involving the issuance or modification of general storm water permits. Existing law authorizes the State Water Boards to conduct adjudicative hearings, but the law does not specifically outline when a Board should conduct a hearing or rulemaking in a judicial or court-like setting. In recent years, the Board has changed its position with respect to this issue, and now classifies most hearings and proceedings as adjudicative rather than legislative, thereby triggering strict prohibitions against ex parte communications between the Board and members of its regulated community all the while the draft permit is pending adoption or modification. This bill clarifies that there is no prohibition on ex parte communications between members of the State Water Resources Control Board or the California regional water quality boards. SB 965 has not yet been set for Committee. 

SB 964 (Wright) – Pending
As Introduced January 11, 2012

Senate Bill 964, by Senator Rod Wright, would limit the circumstances under which the State Water Resources Control Board is exempt from specific requirements in the Administrative Procedure Act (APA) that govern the actions taken by state agencies when they adopt rules, regulations and standards. The bill requires the Board to adopt regulations using the procedural safeguards set forth in the APA whenever it issues, denies, or revokes waste discharge requirements, general permits and waivers that apply on a statewide, region-wide, or industry-wide basis. This bill, like SB 965, is one of several stormwater bills under discussion. CSAC is in the process of evaluating all of them and will be taking positions in the near future. This bill has not yet been set for Committee. 

AB 1558 (Eng) – Support
As Introduced January 26, 2012

AB 1558, by Assembly Member Mike Eng, would extend the sunset indefinitely on a provision of law that exempts a public agency that operates flood control and water conservation facilities and its employees from liability for injuries caused by the condition or use of unlined flood control channels or adjacent groundwater recharge spreading grounds. The bill also states that nothing in that provision exonerates a public agency or public employee subject to that provision from liability for injury proximately caused by a dangerous condition of public property under specified circumstances. Without an extension, the provision would sunset on January 1, 2013. CSAC supported the bill that established the limit on liability and continues to support the extension of this provision in law. This bill has not yet been set for Committee.

USFS Releases Final Planning Rule Programmatic Environmental Impact Statement 

USDA Secretary Tom Vilsack announced the release of the final Programmatic Environmental Impact Statement (PEIS) this week for land management planning on National Forest System lands, which is the prelude to the final National Forest System Land Management Planning Rule. The PEIS indicates the USFS “preferred alternative” for the final Planning Rule language, as well as including several other possible alternatives for the final rule. The content of the preferred alternative is very similar to the draft rule language issued in February 2011. The PEIS will now be reviewed by the USDA Under Secretary, who will issue a final rule and record of decision in approximately 30 days. The PEIS, along with a video message from USFS Chief Tom Tidwell, can be viewed on the USFS website.