Amended in Assembly May 1, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1707


Introduced by Assembly Member Wilk

February 13, 2014


An act to amend Section 57004 of the Health and Safety Code, relating to water quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 1707, as amended, Wilk. Water quality: 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,begin delete 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.end deletebegin insert regulations.end insert

This bill wouldbegin delete add the adoption of a total maximum daily load to the definition of “rule” for the purposes of the above provisions.end deletebegin insert require the state board to post on its Internet Web site a copy of the external scientific peer review conducted for regulationsend insertbegin insert of the state board.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 57004 of the Health and Safety Code is
2amended to read:

3

57004.  

(a)  For purposes of this section, the following terms
4have the following meanings:

5(1)  “Rule” meansbegin delete anyend deletebegin insert eitherend insert of the following:

6(A)  A regulation, as defined in Section 11342.600 of the
7Government Code.

8(B)  A policy adopted by the State Water Resources Control
9Board pursuant to the Porter-Cologne Water Quality Control Act
10(Division 7 (commencing with Section 13000) of the Water Code)
11that has the effect of a regulation and that is adopted in order to
12implement or make effective a statute.

begin delete

13(C) A total maximum daily load adopted to implement Section
14303(d) of the Federal Water Pollution Control Act (33 U.S.C. Sec.
151313(d)).

end delete

16(2)  “Scientific basis” and “scientific portions” mean those
17foundations of a rule that are premised upon, or derived from,
18empirical data or other scientific findings, conclusions, or
19assumptions establishing a regulatory level, standard, or other
20requirement for the protection of public health or the environment.

21(b)  The agency, or a board, department, or office within the
22agency, shall enter into an agreement with the National Academy
23of Sciences, the University of California, the California State
24University, or any similar scientific institution of higher learning,
25any combination of those entities, or with a scientist or group of
26scientists of comparable stature and qualifications that is
27recommended by the President of the University of California, to
28conduct an external scientific peer review of the scientific basis
29for any rule proposed for adoption by any board, department, or
P3    1office within the agency. The scientific basis or scientific portion
2of a rule adopted pursuant to Chapter 6.6 (commencing with
3Section 25249.5) of Division 20 or Chapter 3.5 (commencing with
4Section 39650) ofbegin insert Part 2 ofend insert Division 26 shall be deemed to have
5complied with this section if it complies with the peer review
6processes established pursuant to these statutes.

7(c)  No person may serve as an external scientific peer reviewer
8for the scientific portion of a rule if that person participated in the
9development of the scientific basis or scientific portion of the rule.

10(d)  No board, department, or office within the agency shall take
11any action to adopt the final version of a rule unless all of the
12following conditions are met:

13(1)  The board, department, or office submits the scientific
14portions of the proposed rule, along with a statement of the
15scientific findings, conclusions, and assumptions on which the
16scientific portions of the proposed rule are based and the supporting
17scientific data, studies, and other appropriate materials, to the
18external scientific peer review entity for its evaluation.

19(2)  The external scientific peer review entity, within the
20timeframe agreed upon by the board, department, or office and the
21external scientific peer review entity, prepares a written report that
22contains an evaluation of the scientific basis of the proposed rule.
23 If the external scientific peer review entity finds that the board,
24department, or office has failed to demonstrate that the scientific
25portion of the proposed rule is based upon sound scientific
26knowledge, methods, and practices, the report shall state that
27finding, and the reasons explaining the finding, within the
28agreed-upon timeframe. The board, department, or office may
29accept the finding of the external scientific peer review entity, in
30whole, or in part, and may revise the scientific portions of the
31proposed rule accordingly. If the board, department, or office
32disagrees with any aspect of the finding of the external scientific
33peer review entity, it shall explain, and include as part of the
34rulemaking record, its basis for arriving at such a determination
35in the adoption of the final rule, including the reasons why it has
36determined that the scientific portions of the proposed rule are
37based on sound scientific knowledge, methods, and practices.

38(e)  The requirements of this section do not apply to any
39emergency regulation adopted pursuant to subdivision (b) of
40Section 11346.1 of the Government Code.

P4    1(f)  Nothing in this section shall be interpreted to, in any way,
2limit the authority of a board, department, or office within the
3agency to adopt a rule pursuant to the requirements of the statute
4that authorizes or requires the adoption of the rule.

begin insert

5(g) For any proposed State Water Resources Control Board
6rule described by subparagraph (A) of paragraph (1) of subdivision
7(a), the state board shall post a copy of the external scientific peer
8review conducted pursuant to subdivision (b) on its Internet Web
9site.

end insert


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