BILL NUMBER: SB 965	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 29, 2012
	AMENDED IN ASSEMBLY  AUGUST 24, 2012
	AMENDED IN ASSEMBLY  JUNE 21, 2012
	AMENDED IN SENATE  MAY 2, 2012
	AMENDED IN SENATE  MARCH 28, 2012
	AMENDED IN SENATE  MARCH 8, 2012

INTRODUCED BY   Senator Wright
   (Principal coauthor: Assembly Member Alejo)
    (   Coauthor:   Senator
  Blakeslee   ) 

                        JANUARY 11, 2012

   An act  to amend Section 11125.7 of the Government Code and
 to amend Section 13228.14 of, to add  Sections
  Section  13167.6  and 13169.5 
to, and to add Chapter 4.1 (commencing with Section 13287) to
Division 7 of, the Water Code, relating to  water 
 state and local government  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 965, as amended, Wright.  State Water Resources Control
Board and California regional water quality control boards.
  State and local government. 
   (1) Under existing law, the State Water Resources Control Board
(state board) and the California regional water quality control
boards (regional boards) implement the Federal Water Pollution
Control Act and the Porter-Cologne Water Quality Control Act by
prescribing waste discharge requirements for discharges to the waters
of the state, as specified.  Existing law authorizes the state
board and the regional boards to hold hearings necessary for carrying
out their duties, as specified.  
   This bill would require the state board and each regional board to
establish an environmental justice coordinator with prescribed
duties.  
   (2) Existing law authorizes the state board and regional boards to
hold hearings necessary for carrying out their duties, as specified.
 
   This bill would also require the state board or a regional board,
if the amount of time for each individual speaker to comment or
testify at any hearing of the state board or regional board is
limited as specified, to provide at least twice the allotted time to
a member of the public who utilizes a translator, with a prescribed
exception.  
   (3)  Existing 
    Existing  law, the Administrative Procedure Act,
establishes the conduct of administrative adjudicative proceedings,
which are defined as evidentiary hearings for determination of facts
pursuant to which a state agency formulates and issues a decision.
Existing law defines a decision as an agency action of specific
application that determines a legal right, duty, privilege, immunity,
or other legal interest of a particular person. While an
adjudication is pending, the act prohibits, as an ex parte
communication, any communication, direct or indirect, regarding any
issue in the proceeding, to the presiding officer, as defined, 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 in the communication. The act
provides that if the above prohibition is violated, the presiding
officer shall promptly disclose the content of the communication on
record and give all parties an opportunity to address the
communication, as specified. The act also provides that a violation
of that prohibition may be grounds for disqualification of the
officer who engaged in the ex parte communication.
   This bill would provide that the ex parte communications
provisions of the Administrative Procedure Act do not apply to
specified proceedings of the state board or a regional board. The
bill would define an ex parte communication for these purposes as an
oral or written communication with one or more board members
regarding those specified state board or regional board proceedings.
This bill would specify the instances in which an ex parte
communication involving those specified proceedings is permissible.
   The bill would authorize a board to prohibit ex parte
communications for a period beginning not more than 14 days before
the day of a board meeting at which the decision in the proceeding is
scheduled for board action.
   The bill would require all ex parte communications to be reported,
as specified, by the interested person, regardless of whether the
communication was initiated by the interested person.
   The bill would authorize the state board or a regional board, in
the event that an interested person fails to provide any required
notice in the manner required by the bill, to use the remedies
available under the administrative adjudication provisions of the
Administrative Procedure Act. 
   (2) Existing law, the Bagley-Keene Open Meeting Act, generally
requires that all meetings of a state body be open and public. The
act requires that notice of public meetings and those held in closed
session of a state body be given to any person who requests that
notice in writing and that the agenda for those meetings be made
available upon request without delay.  
   This bill would require the state board or a regional board to
make each meeting agenda notice that the state board or a regional
board provides available in both English and Spanish and would permit
the state board or a regional board to make the agenda notice
available in any other language.  
   Under existing law, the act requires that the agenda for meetings
provide an opportunity for members of the public to directly address
the body on any item of interest to the public that is within the
subject matter jurisdiction of the body. The act permits the adoption
of reasonable regulations limiting the total amount of time
allocated for public testimony on particular issues and for each
individual speaker.  
   This bill would require a state body subject to the act that
limits time for public testimony to provide at least twice the
allotted time to a member of the public who utilizes a translator to
ensure that non-English speakers receive the same opportunity to
directly address the body, with a specified exception. 
   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 11125.7 of the   
 Government Code   is amended to read: 
   11125.7.  (a) Except as otherwise provided in this section, the
state body shall provide an opportunity for members of the public to
directly address the state body on each agenda item before or during
the state body's discussion or consideration of the item. This
section is not applicable if the agenda item has already been
considered by a committee composed exclusively of members of the
state body at a public meeting where interested members of the public
were afforded the opportunity to address the committee on the item,
before or during the committee's consideration of the item, unless
the item has been substantially changed since the committee heard the
item, as determined by the state body. Every notice for a special
meeting at which action is proposed to be taken on an item shall
provide an opportunity for members of the public to directly address
the state body concerning that item prior to action on the item. In
addition, the notice requirement of Section 11125 shall not preclude
the acceptance of testimony at meetings, other than emergency
meetings, from members of the public if no action is taken by the
state body at the same meeting on matters brought before the body by
members of the public.
   (b) The state body may adopt reasonable regulations to ensure that
the intent of subdivision (a) is carried out, including, but not
limited to, regulations limiting the total amount of time allocated
for public comment on particular issues and for each individual
speaker. 
   (c) (1) Notwithstanding subdivision (b), when a state body limits
time for public comment the state body shall provide at least twice
the allotted time to a member of the public who utilizes a translator
to ensure that non-English speakers receive the same opportunity to
directly address the state body.  
   (2) Paragraph (1) shall not apply if the state body utilizes
simultaneous translation equipment in a manner that allows the state
body to hear the translated public testimony simultaneously. 

   (c) 
    (d)  The state body shall not prohibit public criticism
of the policies, programs, or services of the state body, or of the
acts or omissions of the state body. Nothing in this subdivision
shall confer any privilege or protection for expression beyond that
otherwise provided by law. 
   (d) 
    (e)  This section is not applicable to closed sessions
held pursuant to Section 11126. 
   (e) 
    (f)  This section is not applicable to decisions
regarding proceedings held pursuant to Chapter 5 (commencing with
Section 11500), relating to administrative adjudication, or to the
conduct of those proceedings. 
   (f) 
    (g)  This section is not applicable to hearings
conducted by the California Victim Compensation and Government Claims
Board pursuant to Sections 13963 and 13963.1. 
   (g) 
    (h)  This section is not applicable to agenda items that
involve decisions of the Public Utilities Commission regarding
adjudicatory hearings held pursuant to Chapter 9 (commencing with
Section 1701) of Part 1 of Division 1 of the Public Utilities Code.
For all other agenda items, the commission shall provide members of
the public, other than those who have already participated in the
proceedings underlying the agenda item, an opportunity to directly
address the commission before or during the commission's
consideration of the item.
   SECTION 1.   SEC. 2.   Section 13167.6
is added to the Water Code, to read:
   13167.6.   (a) At any hearing of the state board, if the
state board limits the amount of time for each individual speaker to
comment or testify pursuant to Section 11125.7 or 54954.3 of the
Government Code, the state board shall provide at least twice the
allotted time to a member of the public who utilizes a translator, in
order to ensure that non-English speakers receive the same
opportunity to directly address the state board.  
   (b)  
    Subdivision (a) shall not apply if the state board utilizes
simultaneous translation equipment in a manner that allows the state
body to hear the translated public testimony simultaneously.
 
   For each meeting agenda notice that the state board provides
pursuant to subdivision (b) of Section 11125 of the Government Code,
the state board shall make the agenda notice available in both
English and Spanish and may make the agenda notice available in any
other language.  
  SEC. 2.    Section 13169.5 is added to the Water
Code, to read:
   13169.5.  The state board and each regional board shall establish
an environmental justice coordinator duties tasks include, but are
not limited to, all of the following:
   (a) Conducting research on best practices for developing and
implementing the state board's environmental justice program.
   (b) Conducting training and developing informational material on
environmental justice for all appointees, management, and staff of
the state board or regional board.
   (c) Reviewing and incorporating into the environmental justice
program relevant legislation.
   (d) Providing assistance and guidance on environmental justice
events and activities to the executive director relative to the
California Environmental Protection Agency's Environmental Justice
Advisory Committee.
   (e) Incorporating the state board's bilingual program to ensure
full participation by all Californians. 
  SEC. 3.  Section 13228.14 of the Water Code is amended to read:
   13228.14.  (a) Any hearing or investigation by a regional board
relating to investigating the quality of waters of the state,
prescribing waste discharge requirements, issuing cease and desist
orders, requiring the cleanup or abatement of waste, or imposing
administrative civil liabilities or penalties may be conducted by a
panel of three or more members of the regional board, but any final
action in the matter shall be taken by the regional board. Due notice
of any hearing shall be given to all affected persons. After a
hearing, the panel shall report its proposed decision and order to
the regional board and shall supply a copy to all parties who
appeared at the hearing and requested a copy.
   (b) No party who appears before the panel is precluded from
appearing before the regional board at any subsequent hearing
relating to the matter. Members of the panel are not disqualified
from sitting as members of the regional board in deciding the matter.

   (c) The regional board, after making an independent review of the
record and taking additional evidence as may be necessary, may adopt,
with or without revision, or reject, the proposed decision and order
of the panel. 
   (d) (1) At any hearing of a regional board, if the regional board
limits the amount of time for each individual speaker to comment or
testify pursuant to Section 11125.7 or 54954.3 of the Government
Code, the regional board shall provide at least twice the allotted
time to a member of the public who utilizes a translator, in order to
ensure that non-English speakers receive the same opportunity to
directly address the state board.  
   (2) Paragraph (1) shall not apply if a regional board utilizes
simultaneous translation equipment in a manner that allows the
regional body to hear the translated public testimony simultaneously.
 
   (d) For each meeting agenda notice that a regional board provides
pursuant to subdivision (b) of Section 11125 of the Government Code,
a regional board shall make the agenda notice available in both
English and Spanish and may make the agenda notice available in any
other language. 
  SEC. 4.  Chapter 4.1 (commencing with Section 13287) is added to
Division 7 of the Water Code, to read:
      CHAPTER 4.1.  EX PARTE COMMUNICATIONS


   13287.  (a) For the purposes of this section:
   (1) "Board" means the state board or a regional board.
   (2) "Ex parte communication" means an oral or written
communication with one or more board members concerning matters,
other than a matter of procedure or practice that is not in
controversy, under the jurisdiction of a board, regarding a pending
action of the board that satisfies both of the following:
   (A) The action does not identify specific persons as dischargers,
but instead allows persons to enroll or file an authorization to
discharge under the action.
   (B) The action is for adoption, modification, or rescission of one
or more of the following:
   (i) Waste discharge requirements pursuant to Section 13263 or
13377.
   (ii) Conditions of water quality certification pursuant to Section
13160.
   (iii) Conditional waiver of waste discharge requirements pursuant
to Section 13269.
   (3) "Interested person" means any of the following:
   (A) Any person who will be required to enroll or file
authorization to discharge pursuant to the action at issue before the
board or that person's agents or employees, including persons
receiving consideration to represent that person.
   (B) Any person with a financial interest, as described in Article
1 (commencing with Section 87100) of Chapter 7 of Title 9 of the
Government Code, in a matter at issue before a board, or that person'
s agents or employees, including persons receiving consideration to
represent that person.
   (C) A representative acting on behalf of any formally organized
civic, environmental, neighborhood, business, labor, trade, or
similar association who intends to influence the decision of a board
member on a matter before the board.
   (b) 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 a board action identified in paragraph (2) of subdivision (a).
This section only applies to those actions.
   (c) For the purposes of this section, and except as limited by
subdivision (d), ex parte communications regarding a board action
identified in paragraph (2) of subdivision (a) may be permitted as
follows:
   (1) All ex parte communications shall be reported by the
interested person, regardless of whether the communication was
initiated by the interested person.
   (2) A notice of ex parte communication shall be filed with the
board within seven working days of the communication. The notice may
address multiple ex parte communications in the same proceeding,
provided that notice of each communication identified therein is
timely. The notice shall include all of the following information:
   (A) The date, time, and location of the communication, and whether
it was oral or written, or both.
   (B) The identities of each board member involved, the person
initiating the communication, and any persons present during the
communication.
   (C) A description of the interested person's communication and the
content of this communication. A copy of any written, audiovisual,
or other material used for or during the communication shall be
attached to this description.
   (3) Board staff shall promptly post any notices provided pursuant
to paragraph (2) on the board's Internet Web site and distribute the
notice on any available electronic distribution list concerning the
action.
   (d) A board may prohibit ex parte communications for a period
beginning not more than 14 days before the day of a board meeting at
which the decision in the proceeding is scheduled for board action.
If a board continues the decision, it may permit ex parte
communications during the interval between the originally scheduled
date and the date that the decision is calendared for final decision,
and may prohibit ex parte communications for 14 days before the day
of the board meeting to which the decision is continued.
   (e) If an interested person fails to provide any required notice
in the manner required by this section, the board may use any of the
remedies available pursuant to the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) of Part 1 of Division 3 of Title 2 of
the Government Code), including the issuance of an enforcement
order, or sanctions pursuant to Article 12 (commencing with Section
11455.10) of Chapter 4 of Part 1 of Division 3 of Title 2 of the
Government Code.