BILL NUMBER: SB 900 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator Steinberg
FEBRUARY 18, 2011
An act to amend Sections 175.5 and 13207 of, and to add
Section 13388.1 to, the Water Code, relating to water.
An act to add Section 13388.1 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 900, as amended, Steinberg. California regional water quality
control boards: members: proceedings.
members.
Under existing law, the State Water Resources Control Board and
the 9 California regional water quality control boards 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 prescribes requirements and qualifications for the
membership of the state board and the regional boards, and prohibits
a member of the state board or a regional board from participating in
specified board actions that involve the member or any waste
discharger with which the member is connected as a director, officer,
or employee, or in which the board member has a financial interest
within the meaning of the Political Reform Act of 1974.
This bill would delete the provisions prohibiting a board member
from participating in actions that involve the member or a waste
discharger with which the member is connected. The bill would specify
that the limitation on a board member's financial interest applies
only to a disqualifying financial interest within the meaning of the
Political Reform Act of 1974.
The state act prescribes requirements and qualifications for
the membership of the state board and the regional boards, and
prohibits a person from being a member of the state board or a
regional board if that person receives or has received during the
previous 2 years a significant portion of his or her income directly
or indirectly from any person subject to waste discharge requirements
or applicants for waste discharge requirements that are prescribed
pursuant to the NPDES permit program.
This bill, with regard to a regional board, would provide that a
person would not be disqualified from being a member of that board
because that person receives, or has received during the previous 2
years, a significant portion of his or her income directly or
indirectly from a person subject to waste discharge requirements, or
an applicant for waste discharge requirements, that govern discharges
not within the jurisdiction of that regional board. The bill would
provide that this revised eligibility provision relating to members
of a regional board shall be implemented only if certain requirements
are met.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 175.5 of the Water Code is
amended to read:
175.5. (a) A member of the board shall not participate in any
board action pursuant to Article 2 (commencing with Section 13320) of
Chapter 5 of Division 7 in which the board member has a
disqualifying financial interest in the decision within the meaning
of Section 87103 of the Government Code.
(b) A board member shall not participate in any proceeding before
any regional board as a consultant or in any other capacity on behalf
of any waste discharger.
(c) Upon the request of any person, or on the Attorney General's
own initiative, the Attorney General may file a complaint in the
superior court for the county in which the board has its principal
office alleging that a board member has knowingly violated this
section and the facts upon which the allegation is based and asking
that the member be removed from office. Further proceedings shall be
in accordance as near as may be with rules governing civil actions.
If after trial the court finds that the board member has knowingly
violated this section it shall pronounce judgment that the member be
removed from office.
SEC. 2. Section 13207 of the Water Code is
amended to read:
13207. (a) A member of a regional board shall not participate in
any board action pursuant to Article 4 (commencing with Section
13260) of Chapter 4, or Article 1 (commencing with Section 13300) of
Chapter 5, of this division in which he or she has a disqualifying
financial interest in the decision within the meaning of Section
87103 of the Government Code.
(b) A board member shall not participate in any proceeding before
any regional board or the state board as a consultant or in any other
capacity on behalf of any waste discharger.
(c) Upon the request of any person, or on the Attorney General's
own initiative, the Attorney General may file a complaint in the
superior court for the county in which the regional board has its
principal office alleging that a board member has knowingly violated
this section and the facts upon which the allegation is based and
asking that the member be removed from office. Further proceedings
shall be in accordance as near as may be with rules governing civil
actions. If after trial the court finds that the board member has
knowingly violated this section it shall pronounce judgment that the
member be removed from office.
SEC. 3. SECTION 1. Section 13388.1
is added to the Water Code, to read:
13388.1. (a) Notwithstanding Section 13388, a person shall not be
disqualified from being a member of a regional board because that
person receives, or has received during the previous two years, a
significant portion of his or her income directly or indirectly from
a person subject to waste discharge requirements, or an applicant for
waste discharge requirements, that govern discharges pursuant to
this chapter not within the jurisdiction of that regional board.
(b) This section shall be implemented only if the United States
Environmental Protection Agency either determines that no program
approval is necessary, or approves of a change in California's
national pollutant discharge elimination system program, to allow the
state to administer the national pollutant discharge elimination
system permit program consistent with subdivision (a).