BILL ANALYSIS Ó
AB 1707
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CONCURRENCE IN SENATE AMENDMENTS
AB 1707 (Wilk)
As Amended August 6, 2014
Majority vote
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|ASSEMBLY: |73-0 |(May 23, 2014) |SENATE: |36-0 |(August 13, |
| | | | | |2014) |
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Original Committee Reference: E.S. & T.M.
SUMMARY : Requires the State Water Resources Control Board
(State Water Board) and Regional Water Quality Control Boards
(Regional Water Boards) to post on its Internet Web site a copy
of the external scientific peer review conducted for proposed
total maximum daily loads (TMDLs) requirements of the state
board or a regional board.
The Senate amendments add the Regional Water Board's scientific
peer reviews to documents required to be posted on the State
Water Boards Internet Web site.
EXISTING LAW :
1)Under the federal Clean Water Act (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 TMDLs for pollutants found in those waters.
2)Under the Porter-Cologne Water Quality Act:
a) Requires each Regional Water 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.
b) Establishes an 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).
AB 1707
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Requires the external scientific peer review to
specifically include those policies adopted by the State
Water Board to implement regional basin water quality
plans.
AS PASSED BY THE ASSEMBLY , this bill required the State Water
Board to post on its Internet Web site a copy of the external
scientific peer review conducted for proposed to TMDLs
requirements.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Need for the bill: According to the author, "AB 1707 would
require the State Water Quality Resource Control Board to post a
copy of the external scientific peer review to their Web site -
a website that already exists. Assembly Bill 1707 will
alleviate concerns regarding the assessment of and access to the
scientific peer review for TMDLs, and will implement a more
effective strategy through mandatory reporting of the peer
review and mandatory online availability for interested parties.
It is important that sound science be employed before requiring
ratepayers to fund these mitigations and AB 1707 will be an
incremental step in accomplishing that goal."
TMDLs: TMDLs have been required by the 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 standards; 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
AB 1707
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of the Regional Water Boards.
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.
Health and Safety Code Section 57004 requires external
scientific peer review for certain water quality control
policies. Regional Water Boards are required to receive
external scientific peer review of the scientific basis of any
proposed amendment to the Basin Plan.
According to the CalEPA, there are several circumstances when
work products do not require scientific peer review
requirements. These work products 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.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0004435