Bill Text: CA AB1978 | 2009-2010 | Regular Session | Amended
Bill Title: California regional water quality control boards: ex
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-13 - In committee: Set, first hearing. Failed passage. [AB1978 Detail]
Download: California-2009-AB1978-Amended.html
BILL NUMBER: AB 1978 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Harkey
FEBRUARY 17, 2010
An act to amend Section 8578 of the Water Code, relating
to flood protection. An act to add Section 13209 to
the Water Code, relating to regional water quality control boards.
LEGISLATIVE COUNSEL'S DIGEST
AB 1978, as amended, Harkey. Central Valley Flood
Protection Board: California regional water quality
control boards: ex parte communications.
Under the Porter-Cologne Water Quality Control Act, the 9
California regional water quality control boards are among the
principal state agencies that carry out responsibilities relating to
water quality. The act prescribes requirements relative to meetings
of the regional boards and prohibits a member of a regional board
from participating in a proceeding before a regional board or State
Water Resources Control Board, or specified actions of the regional
board, under certain circumstances.
The Administrative Procedure Act provides for the conduct of
administrative adjudication proceedings of state agencies. The act
generally prohibits, during a pending proceeding, communication
regarding any issue in the proceeding to the presiding officer from
an employee or representative of an agency that is a party or from an
interested person outside the agency, without notice and opportunity
for all parties to participate, except as specified.
This bill would exempt from the provisions of the Administrative
Procedure Act pertaining to prohibited communications, specified ex
parte communications relating to proceedings of the regional boards.
The bill would establish requirements for the disclosure of an ex
parte communication, as defined, relating to a matter before a
regional board.
Existing law establishes the Sacramento and San Joaquin Drainage
District under the administration of the Central Valley Flood
Protection Board for the purposes of carrying out specified flood
management activities within the boundaries of the district. Existing
law requires the board, in any evidentiary hearing, to consider
various matters, including the effects of a proposed action on the
State Plan of Flood Control, as defined. Existing law prohibits a
board member or any person or organization with an interest in board
decisions, or any person representing a person or organization with
an interest in board decisions who intends to influence the decision
of a board member on a matter before the board, from conducting an ex
parte communication, as defined.
This bill would make technical, nonsubstantive changes to this
prohibition.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13 209 is added to
the Water Code , to read:
13209. (a) (1) For purposes of this section, "ex parte
communication" means an oral or written communication made outside of
a noticed regional board meeting concerning a matter regarding any
of the following:
(A) The prescription of waste discharge requirements.
(B) An order requiring cleanup or abatement of waste.
(C) The issuance of a cease and desist order.
(D) An order imposing administrative liabilities or penalties.
(E) Any other quasi-judicial matter requiring regional board
action, after the matter has been placed on the regional board's
agenda and notice of the meeting has been provided pursuant to
Section 11125 of the Government Code.
(2) For purposes of this section, "ex parte communication" does
not include a communication concerning a purely procedural matter
that does not involve any expression or opinion about the merits of a
matter before the regional board.
(b) (1) A member of a regional board shall not participate in an
ex parte communication with a person or organization with an interest
in regional board decisions, or any person representing a person or
organization with an interest in regional board decisions, unless the
member fully discloses and makes public the ex parte communication
by placing it in the official record of the regional board's
proceeding.
(2) If an ex parte communication occurs, the member shall notify
the interested party that a full disclosure of the ex parte
communication shall be entered into the official record of the
regional board's proceeding.
(3) A communication ceases to be an ex parte communication when it
is fully disclosed and placed in the official record of the regional
board's proceeding.
(c) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the regional board to which this section applies.
SECTION 1. Section 8578 of the Water Code is
amended to read:
8578. (a) For the purposes of this section, "ex parte
communication" means an oral or written communication outside of a
noticed board meeting concerning matters, other than purely
procedural matters, regarding any of the following:
(1) An application that has been submitted to the board and has
been determined to be complete by the executive officer.
(2) An enforcement action.
(3) Any other quasi-judicial matter requiring board action, after
the matter has been placed on the board's agenda and notice of the
meeting has been provided pursuant to Section 11125 of the Government
Code.
(b) (1) A board member appointed pursuant to subdivision (b) of
Section 8551 shall not participate in an ex parte communication with
a person or organization with an interest in board decisions, nor a
person representing a person or organization with an interest in
board decisions, excluding a staff member of the board acting in his
or her official capacity, who intends to influence the decision of a
board member on a matter before the board.
(2) If an ex parte communication occurs, the board member shall
notify the interested party that a full disclosure of the ex parte
communication shall be entered in the board's record.
(3) Communications cease to be ex parte communications when the
board member or the person who engaged in the communication with the
board member fully discloses the communication and requests in
writing that it be placed in the official record of the board's
proceeding.
(c) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the board to which this section applies.
