HomeMy WebLinkAbout2014-04-22 - AGENDA REPORTS - AB 1707 WATER QUALITY (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 7
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
April 22, 2014
Michael Murphy
STATE LEGISLATION: AB 1707 (WILK) WATER QUALITY:
SCIENTIFIC PEER REVIEW
City Manager's Office
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee's recommendation of a "support"
position for Assembly Bill 1707 (Wilk) and transmit letters of support to Assembly Member
Wilk, other members of Santa Clarita's State Legislative delegation, appropriate Legislative
committees, Governor Brown, and the League of California Cities.
BACKGROUND
Under existing law, the State Water Resources Control Board and the nine 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. The state board and the
regional boards prescribe requirements for the discharge of waste in accordance with the federal
National Pollutant Discharge Elimination System (NPDES) permit program.
Discharges made by the City of Santa Clarita and other entities, such as the Santa Clarita Valley
Sanitation District, are regulated by the Los Angeles Regional Water Quality Control Board and
the State Water Resources Control Board through Waste Discharge Requirements and NPDES
permits for discharging water to the Santa Clara River. NPDES permits must receive approval
from the state and federal governments. For example, the NPDES permits that are issued to the
City include industrial activities (i.e. Transit Maintenance Facility), public construction sites,
groundwater pumping and the storm drain system. State Waste Discharge Requirements permits
are issued to the City for sewage system overflows. These permits are required to include any
Total Maximum Daily Loads (TMDL) enacted for the area.
U
Under existing law, the California Environmental Protection Agency and its constituent boards
and departments are required to conduct an external scientific peer review of the scientific basis
for any proposed rule. These reviews are to be conducted by the National Academy of Sciences,
University of California, California State University, or similar scientific institution of higher
learning.
Assembly Bill 1707 (AB 1707) would specifically add a Total Maximum Daily Load (TMDL) to
the definition of "rule" for purposes of requiring the conduct of a scientific peer review. TMDLs
are specific rules that are enacted when pollution persists in a water body without improvement.
They affect all permits by setting numeric limits for specific pollutants that must be met before
water can be discharged. TMDLs can be developed by the Los Angeles Regional Water Quality
Control Board and the State Water Resources Control Board, but must be approved by the
federal Environmental Protection Agency (EPA) ultimately.
While this bill would have no direct effect on the chloride TMDL issued by the Los Angeles
Regional Water Quality Control Board for the Santa Clara River, it would require scientific peer
review for all proposed TMDLs adopted on or after January 1, 2015, the effective date of the
measure, should it be enacted into law.
On April 4, 2014, the City Council Legislative Committee met and recommends a "support"
position to the full City Council for consideration at the April 22, 2014, City Council meeting.
ALTERNATIVE ACTIONS
1. Adopt an "oppose" position on AB 1707.
2. Take no position on AB 1707,
3. Other direction as determined by the City Council.
FISCAL IMPACT
No additional resources are needed to implement the recommended action.
ATTACHMENTS
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AMENDED IN ASSEMBLY MARCH 28, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 1707
Introduced by Assembly Member Wilk
February 13, 2014
An act to amend Section 13-201 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 NationalAcademyofSciences, 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
qual (cations 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
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AB 1707 —2—
adopted
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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.
demortstiated interest or preven ability in the field of water qttality and
This bill would make it nonsubstanfive ehange to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: rie-yes.
State -mandated local program: no.
The people of the State of California do enact as follows
1 SECTION]. Section 57004 of the Health and Safety Code is
2 amended to read:
3 57004. (a) For purposes of this section, the following terms
4 have the following meanings:
5 (1) "Rule" means either any of the following:
6 (A) A regulation, as defined in Section 11342.600 of the
7 Government Code.
8 (B) A policy adopted by the State Water Resources Control
9 Board pursuant to the Porter -Cologne Water Quality Control Act
10 (Division 7 (commencing with Section 13000) of the Water Code)
11 that has the effect of a regulation and that is adopted in order to
12 implement or make effective a statute.
13 (C) A total maximum daily load adopted to implement Section
14 303(d) of the Federal Water Pollution Control Act (33 U.S.C. Sec.
15 1313(d)).
16 (2) "Scientific basis" and "scientific portions" mean those
17 foundations of a rule that are premised upon, or derived from,
18 empirical data or other scientific findings, conclusions, or
19 assumptions establishing a regulatory level, standard, or other
20 requirement for the protection of public health or the environment.
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(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
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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.
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