BILL NUMBER: AB 1707 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Wilk
FEBRUARY 13, 2014
An act to amend Section 13201 of the Water
57004 of the Health and Safety Code, relating to water
quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1707, as amended, Wilk. Water quality: organization
and membership of regional boards scientific peer
review .
Under existing law, the State Water Resources Control Board and
the 9 California regional water quality control boards regulate water
quality in accordance with the Porter-Cologne Water Quality Control
Act and the Federal Water Pollution Control Act. Among other things,
the state board and the regional boards prescribe waste discharge
requirements for the discharge of waste in accordance with the
federal national pollutant discharge elimination system permit
program.
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 prescribed. Under existing law, a proposed rule is defined to
include, among other things, 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.
This bill would add the adoption of a total maximum daily load to
the definition of "rule" for the purposes of the above provisions.
Existing law requires the State Water Resources Control Board and
the 9 California regional water quality control boards to prescribe
waste discharge requirements in accordance with the federal national
pollutant discharge elimination system (NPDES) permit program
established by the federal Clean Water Act and the Porter-Cologne
Water Quality Control Act (state act). The state act requires
regional boards to consist of 7 members appointed by the Governor, 6
of them on the basis of demonstrated interest or proven ability in
the field of water quality and one as a public member not
specifically associated with any enumerated qualification.
This bill would make a nonsubstantive change to these provisions.
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 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 either 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.
(C) A total maximum daily load adopted to implement Section 303(d)
of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1313(d)).
(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.
(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.
SECTION 1. Section 13201 of the Water Code is
amended to read:
13201. (a) There is a regional board for each of the regions
described in Section 13200. Each board shall consist of seven members
appointed by the Governor, each of whom shall represent, and act on
behalf of, all the people and shall reside or have a principal place
of business within the region.
(b) Except as specified in subdivision (c), each member shall be
appointed on the basis of his or her demonstrated interest or proven
ability in the field of water quality, including water pollution
control, water resource management, water use, or water protection.
The Governor shall consider appointments from the public and
nonpublic sectors. In regard to appointments from the nonpublic
sector, the Governor shall consider including members from key
economic sectors in a given region, such as agriculture, industry,
commercial activities, forestry, and fisheries.
(c) At least one member shall be appointed as a public member who
is not required to meet the criteria established pursuant to
subdivision (b).
(d) All persons appointed to a regional board shall be subject to
Senate confirmation, but shall not be required to appear before any
committee of the Senate for purposes of such confirmation unless
specifically requested to appear by the Senate Committee on Rules.
(e) Insofar as practicable, appointments shall be made in such
manner as to result in representation on the board from all parts of
the region.
(f) Insofar as practicable, appointments shall be made in a manner
as to result in representation on the board from diverse
experiential backgrounds.
(g) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the board and to
actively discharge all duties and responsibilities of a member of the
board.
(h) The reduction in the number of members of each regional board
required by the act that added this subdivision shall be achieved
according to the ordinary expiration of the terms of incumbents and
other vacancies. Notwithstanding Section 13202 the Governor shall not
fill a vacancy on a regional board until the number of members
serving on that regional board falls below seven members. When the
numbers of members serving on the regional board falls below seven
members, the Governor shall appoint or reappoint individuals pursuant
to this section.