BILL ANALYSIS Ó
AB 1707
Page A
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 1707 (Wilk) - As Amended: March 28, 2014
SUBJECT : Water quality: scientific peer review.
SUMMARY : Requires external review of water quality plans
adopted by the State Water Resources Control Board (State Board)
and regional Water Quality Control Boards (Regional Boards).
Specifically, this bill : requires an external scientific peer
review of the scientific basis for State Board and Regional
Board actions that establish a total maximum daily load (TMDL)
adopted to implement the Federal Clean Water Act.
EXISTING LAW
1)Under the federal Clean Water Act, requires the state to
identify those waters within its boundaries that are not
sufficiently protected by state and federal water quality
standards (identified as "impaired water bodies"), to rank
such waters based upon the severity of their pollution, and to
establish total maximum daily loads (TMDLs) for pollutants
found in those waters.
2)Under the Porter-Cologne Water Quality Act:
a) Requires the State Board and the nine Regional Boards to
protect and maintain the beneficial uses of the state's
waters.
b) Requires each Regional Board to adopt a water quality
control plan for its region that provides for the
reasonable protection of the beneficial uses of waters in
that region. Requires the implementation of water quality
objectives to include a broad description of the actions
necessary to achieve such objectives.
c) Establishes external scientific peer review process of
the scientific basis of any proposed regulatory
requirements by boards, departments and offices in the
California Environmental Protection Agency (CalEPA).
Requires the external scientific peer review to
specifically include those policies adopted by the State
AB 1707
Page B
Board to implement regional basin water quality plans.
FISCAL EFFECT : Not known.
COMMENTS :
Need for the bill : According to the author, "Assembly Bill 1707
seeks to amend Section 57004 of the Health and Safety Code to
add the adoption of a total maximum daily load (TMDL) to the
list of regulations for which peer reviews are required.
Section 57004 requires all Cal/EPA organizations to submit for
external scientific review the scientific basis and scientific
portion of all proposed policies, plans, and regulations. The
peer reviewer's responsibility is to determine whether the
scientific findings, conclusions, and assumptions of these
organizations are based upon sound scientific knowledge,
methods, and practices. The peer review process ensures
legitimacy of environmental regulations, and should include
various scientific aspects of TMDLs adopted in California."
TMDLs : TMDLs have been required by the Clean Water Act (Act)
since it was first passed in 1972. Section 303(d) of the Act
requires states to identify all the water bodies that do not
meet applicable water quality standard; and, for those
"impaired" water bodies, states must establish TMDLs.
TMDLs are standards for evaluating water quality in which a
beneficial use is considered with reference to the condition of
a water body, (e.g., concentration and toxic effect.).
Upon establishment of TMDLs by the State or United States
Environmental Protection Agency (U.S. EPA), the State is
required to incorporate, or reference, TMDLs into the State
Water Quality Management Plan (Basin Plan). The Basin Plan and
applicable statewide plans serve as the State Water Quality
Management Plans governing the watersheds under the jurisdiction
of the Regional Water Boards.
Health and Safety Code Section 57004 requires external
scientific peer review for certain water quality control
policies. In accordance with Section 57004 of the California
Health and Safety Code, the Regional Water Boards are required
to receive external scientific peer review of the scientific
basis of any proposed amendment to the Basin Plan.
AB 1707
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Scientific peer review for CalEPA regulations : The current
scientific peer review requirement provided in Health and Safety
Code Section 57004 is that all CalEPA organizations submit for
external scientific review the scientific basis and scientific
portion of all proposed policies, plans, and regulations. The
peer reviewer's responsibility is to determine whether the
scientific findings, conclusions, and assumptions are based upon
sound scientific knowledge, methods, and practices.
According to the Cal-EPA<1>, there are several circumstances
when work products do not require scientific peer review
requirements. These work products that have been peer reviewed
by a recognized expert or expert body. Additional review is not
required if a new application of an adequately peer reviewed
work product does not depart significantly from its scientific
approach. These types of work projects would include standards
developed by the U.S. EPA, which CalEPA adopts. These U.S. EPA
standards are presumed to have been sufficiently peer reviewed
unless additional peer review is required by law.
Santa Clarita River : The author of this bill has been critical
of the Regional Water Board process for establishing a TMDL for
chloride in the Santa Clarita River in Ventura County.
According to the LA Sanitation District, the State of California
has ordered the Santa Clarita Valley Sanitation District (SCVSD)
to reduce the levels of salt in the Santa Clarita Valley's
wastewater that is discharged into the Santa Clara River. The
State has determined that high levels of salt harm
salt-sensitive avocado and strawberry crops downstream from the
Valley's two wastewater/sewage treatment plants, and has already
issued fines for violation of their chloride limits.
The Upper Santa Clara River Chloride Total Maximum Daily Load
(TMDL) was finalized in 2010. Over a ten-year period, the SCVSD
challenged the State's numerous mandates and actions related to
chloride in the Santa Clarita Valley. The State has affirmed
the numerous scientific studies which were used to set the State
chloride limits.
Outstanding issue : This bill, as currently drafted, may
duplicate excising law. As currently drafted, this bill appears
---------------------------
<1> Cal-EPA, "Unified California Environmental Protection Agency
Policy and Guiding Principles For External Scientific Peer
Review", March 13, 1998.
AB 1707
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to require scientific peer review for TMDLs adopted by Regional
Water Boards. The current operation of law provides that these
TMDLs are included in the Basin Plan and are therefore subject
to the current scientific peer review requirement. If the
author is concerned about the review and access to the
scientific peer review for TMDLs, a more effective strategy
would be to include mandatory reporting of the peer review and
insure that they are available on-line for interested parties.
Suggested Amendments :
Remove current subdivision (1) (C) of Health and Safety Code
Section 57004 and add:
(g) For any proposed rule described by subparagraph (A) of
paragraph (1) of Subdivision (a), the State Water Resources
Control Board shall post of copy of the external scientific peer
review conducted pursuant to subdivision (b) on its Internet Web
Site."
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Sanitation Agencies
California Farm Bureau Federation
County Sanitation Districts of Los Angeles County
Partnership for Sound Science is Environmental Policy
San Diego County Board of Supervisors
Opposition
None Received.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965