BILL NUMBER: SB 1628	CHAPTERED  09/06/02

	CHAPTER  396
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 5, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  MAY 30, 2002
	AMENDED IN SENATE  MAY 23, 2002
	AMENDED IN SENATE  MAY 8, 2002

INTRODUCED BY   Senator Sher

                        FEBRUARY 21, 2002

   An act to amend Section 40432 of the Public Resources Code, and to
amend Section 186 of the Water Code, relating to resources, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1628, Sher.  Resources:  litigation.
   (1) Existing law requires the Attorney General to represent the
California Integrated Waste Management Board and the state in
litigation concerning affairs of the board, unless the Attorney
General chooses to represent another state agency that is a party to
the action.  In that case, the legal counsel of the board is required
to represent the board.
   This bill, instead, would authorize the board to (a) request the
Attorney General to represent the board in addition to the other
state agency, (b) contract for the services of private counsel, or
(c) authorize the legal counsel of the board to represent the board.
The bill would authorize the Attorney General to represent both the
board and the other state agency upon receiving the written consent
of both the board and the other state agency to that representation.

   (2) Existing law requires the Attorney General to represent the
State Water Resources Control Board and the state in litigation
concerning affairs of the board, unless another state agency that is
represented by the Attorney General is a party to the action.  In
that case, the legal counsel of the board is required to represent
the board.
   This bill, instead, would authorize the board to (a) request the
Attorney General to represent the board, a regional water quality
control board, or both, in addition to the other state agency, (b)
contract for the services of private counsel for those purposes, or
(c) authorize the legal counsel of the board to represent the board,
or the regional board, or both.  The bill would authorize the
Attorney General to represent the board, regional board, or both, and
the other state agency upon receiving the written consent of both
the board and the other state agency to that representation.
   (3) The bill would declare that it is to take effect immediately
as an urgency statute.


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


  SECTION 1.  Section 40432 of the Public Resources Code is amended
to read:
   40432.  The Attorney General shall represent the board and the
state in litigation concerning affairs of the board, unless the
Attorney General represents another state agency that is a party to
the action.  In that case, the Attorney General may represent the
board with the written consent of the board and the other state
agency, the board may contract for the services of private counsel,
subject to Section 11040 of the Government Code, or the legal counsel
of the board may represent the board.  Sections 11041, 11042, and
11043 of the Government Code are not applicable to the board.
  SEC. 2.  Section 186 of the Water Code is amended to read:
   186.  (a) The board shall have any powers, and may employ any
legal counsel and other personnel and assistance, that may be
necessary or convenient for the exercise of its duties authorized by
law.
   (b) For the purpose of administration, the board shall organize
itself, with the approval of the Governor, in the manner it deems
necessary properly to segregate and conduct the work of the board.
The work of the board shall be divided into at least two divisions,
known as the Division of Water Rights and the Division of Water
Quality.  The board shall appoint a chief of each division, who shall
supervise the work thereof and act as technical adviser to the board
on functions under his or her jurisdiction.
   (c) The Attorney General shall represent the board, or any
affected regional water quality control board, or both the board and
the regional board, and the state in litigation concerning affairs of
the board, or a regional board, or both, unless the Attorney General
represents another state agency that is a party to the action.   In
that case, the Attorney General may represent the board, the regional
board, or both, with the written consent of the board and the other
state agency, the board may contract for the services of private
counsel to represent the board, the regional board, or both, subject
to Section 11040 of the Government Code, or the legal counsel of the
board may represent the board, the regional board, or both.  Sections
11041, 11042, and 11043 of the Government Code are not applicable to
the board.  The legal counsel of the board shall advise and furnish
legal services, except representation in litigation, to the regional
boards upon their request.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to protect the public health, safety, and welfare by
reducing certain state litigation costs, at the earliest possible
time, it is necessary that this act take effect immediately.