Water

SB 965 (Wright) – Support
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. CSAC supports this bill because it would remove the prohibitions on communication between Board Members and the regulated community that are preventing constructive dialogue. This bill has been referred to the Senate Environmental Quality Committee

SB 964 (Wright) – Support
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). Existing law authorizes the Water Boards to adopt regulations, but grants the Water Boards various exemptions to the procedural rules and requirements of the APA, the law governing the adoption of regulations by state agencies. The Water Board’s exemption was afforded to them decades ago because the issuance of permits to individuals and business entities was not intended to be viewed as a formal regulatory action. However, the Water Board does issue general permits that apply on a statewide, region-wide, or industry-wide basis, permits that would otherwise be regarded as “regulations” because of their general application to a significant number of persons or entities. 

SB 964 would close this loop hole and limit the circumstances under which the Water Boards are exempt from the APA. Specifically, this bill would require the Water Boards to be subject to the same rules and regulations as other state agencies when developing regulations when it issues, denies, or revokes waste discharge requirements, general permits and waivers that apply on a statewide, region-wide or industry-wide basis. CSAC supports this bill because it will result in a greater opportunity for the Board to interact with agencies and practitioners that have first-hand knowledge of the systems and science, resulting in better outcomes for water quality in California. This bill has been referred to the Senate Environmental Quality Committee.