Bill Text: CA SB1306 | 2011-2012 | Regular Session | Amended
Bill Title: State Water Resources Control Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-06-19 - Set, first hearing. Failed passage in committee. Reconsideration granted. [SB1306 Detail]
Download: California-2011-SB1306-Amended.html
BILL NUMBER: SB 1306 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 22, 2012
AMENDED IN SENATE MAY 2, 2012
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Blakeslee
FEBRUARY 23, 2012
An act to amend Section 57004 of the Health and Safety Code,
relating to water quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 1306, as amended, Blakeslee. State Water Resources Control
Board.
Under existing law, the Porter-Cologne Water Quality Control Act,
the State Water Resources Control Board (state board) and the 9
California regional water quality control boards are the principal
state agencies with responsibility for the coordination and control
of water quality in the state. The act requires the state board to
formulate and adopt state policies for water quality control, and
requires the regional boards to adopt regional water quality control
plans in compliance with the state policies.
Existing law requires the California Environmental Protection
Agency, or a board, department, or office within the agency, to enter
into an agreement with the National Academy of Sciences, the
University of California, the California State University, or any
similar scientific institution of higher learning, or any combination
of those entities, or with a scientist or group of scientists of
comparable stature and qualifications that are recommended by the
President of the University of California, to conduct an external
scientific peer review of the scientific basis for any proposed rule,
as defined, to include a policy adopted by the state board that has
the effect of a regulation and that is adopted in order to implement
or make effective a statute, and prescribes procedures for conducting
that scientific peer review, as specified.
This bill would specifically include add
the adoption of general permit application requirements for
stormwater discharges by the state board and would add a conditional
waiver of waste discharge requirements from irrigated lands adopted
by a regional water quality control board to the definition of rule
for the purposes of the above provisions, and would require
the above these provisions to apply only when
fees are available to cover the state board's or a regional board's
costs of complying with these provisions. This bill would also deem
the state board or a regional board to have complied with the above
provisions if a scientific peer review has been done on the
scientific basis or scientific portion of an adopted rule.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 57004 of the Health and Safety Code is amended
to read:
57004. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Rule" means any of the following:
(A) A regulation, as defined in Section 11342.600 of the
Government Code.
(B) A policy adopted by the State Water Resources Control Board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) that has the
effect of a regulation and that is adopted in order to implement or
make effective a statute, including, but not limited to, the
statute.
(C) The adoption of general
permit application requirements for stormwater discharges by the
State Water Resources Control Board to implement Section 402
(p) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342
(p)).
(C)
(D) A conditional waiver of waste discharge
requirements from irrigated lands, pursuant to Section 13269 of the
Water Code, adopted by a regional water quality control board.
(2) "Scientific basis" and "scientific portions" mean those
foundations of a rule that are premised upon, or derived from,
empirical data or other scientific findings, conclusions, or
assumptions establishing a regulatory level, standard, or other
requirement for the protection of public health or the environment.
(b) The agency, or a board, department, or office within the
agency, shall enter into an agreement with the National Academy of
Sciences, the University of California, the California State
University, or any similar scientific institution of higher learning,
any combination of those entities, or with a scientist or group of
scientists of comparable stature and qualifications that is
recommended by the President of the University of California, to
conduct an external scientific peer review of the scientific basis
for any rule proposed for adoption by any board, department, or
office within the agency. The scientific basis or scientific portion
of a rule adopted pursuant to Chapter 6.6 (commencing with Section
25249.5) of Division 20 or Chapter 3.5 (commencing with Section
39650) of Division 26 shall be deemed to have complied with this
section if it complies with the peer review processes established
pursuant to these statutes. The State Water Resources Control Board
or a regional water quality control board shall be deemed to have
complied with this section if a scientific peer review has been done
on the scientific basis or scientific portion of an adopted rule.
(c) No person may serve as an external scientific peer reviewer
for the scientific portion of a rule if that person participated in
the development of the scientific basis or scientific portion of the
rule.
(d) No board, department, or office within the agency shall take
any action to adopt the final version of a rule unless all of the
following conditions are met:
(1) The board, department, or office submits the scientific
portions of the proposed rule, along with a statement of the
scientific findings, conclusions, and assumptions on which the
scientific portions of the proposed rule are based and the supporting
scientific data, studies, and other appropriate materials, to the
external scientific peer review entity for its evaluation.
(2) The external scientific peer review entity, within the
timeframe agreed upon by the board, department, or office and the
external scientific peer review entity, prepares a written report
that contains an evaluation of the scientific basis of the proposed
rule. If the external scientific peer review entity finds that the
board, department, or office has failed to demonstrate that the
scientific portion of the proposed rule is based upon sound
scientific knowledge, methods, and practices, the report shall state
that finding, and the reasons explaining the finding, within the
agreed-upon timeframe. The board, department, or office may accept
the finding of the external scientific peer review entity, in whole,
or in part, and may revise the scientific portions of the proposed
rule accordingly. If the board, department, or office disagrees with
any aspect of the finding of the external scientific peer review
entity, it shall explain, and include as part of the rulemaking
record, its basis for arriving at such a determination in the
adoption of the final rule, including the reasons why it has
determined that the scientific portions of the proposed rule are
based on sound scientific knowledge, methods, and practices.
(e) The requirements of this section do not apply to any emergency
regulation adopted pursuant to subdivision (b) of Section 11346.1 of
the Government Code.
(f) Nothing in this section shall be interpreted to, in any way,
limit the authority of a board, department, or office within the
agency to adopt a rule pursuant to the requirements of the statute
that authorizes or requires the adoption of the rule.
(g) This section shall apply to a rule defined in subparagraphs
(B) and (C) and (D) of paragraph (1) of
subdivision (a) only when fees are available to cover the State
Water Resources Control Board's or a regional water quality control
board's costs of complying with this section.
