Bill Text: CA AB1978 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California regional water quality control boards: ex

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-04-13 - In committee: Set, first hearing. Failed passage. [AB1978 Detail]

Download: California-2009-AB1978-Introduced.html

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BILL NUMBER: AB 1978	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Harkey

                        FEBRUARY 17, 2010

   An act to amend Section 8578 of the Water Code, relating to flood
protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1978, as introduced, Harkey.  Central Valley Flood Protection
Board: ex parte communications.
   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.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8578 of the Water Code is amended to read:
   8578.  (a) For the purposes of this section, "ex parte
communication" means  any   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
 any   a  person or organization with an
interest in board decisions, nor  any   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  board's  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.