BILL NUMBER: SB 1306AMENDED BILL TEXT AMENDED IN SENATE MAY 2, 2012 AMENDED IN SENATE MARCH 26, 2012 INTRODUCED BY Senator Blakeslee FEBRUARY 23, 2012 An act to amend Section 57004 of the Health and Safety Code,and to amend Section 13000 of the Water Code,relating to water quality. LEGISLATIVE COUNSEL'S DIGEST SB 1306, as amended, Blakeslee. State Water Resources Control Board. Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board (state board) and the 9 California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act requires the state board to formulate and adopt state policies for water quality control, and requires the regional boards to adopt regional water quality control plans in compliance with the state policies.This bill would add findings and declarations to the act.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 defined, to include 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, and prescribes procedures for conducting that scientific peer review, as specified. This bill would specifically include the adoption of general permit application requirements for stormwater discharges by the state board and would add a conditional waiver of waste discharge requirements from irrigated lands adopted by a regional water quality control board to the definition of rule for the purposes of the above provisions , and would require the above provisions to apply only when fees are available to cover the state board's or a regional board's costs of complying with these provisions . This bill would also deem the state board or a regional board to have complied with the above provisions if a scientific peer review has been done on the scientific basis or scientific portion of an adopted rule. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 57004 of the Health and Safety Code is amended to read: 57004. (a) For purposes of this section, the following terms have the following meanings: (1) "Rule" means any of the following: (A) A regulation, as defined in Section 11342.600 of the Government Code. (B) A policy adopted by the State Water Resources Control Board pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) that has the effect of a regulation and that is adopted in order to implement or make effective a statute, including, but not limited to, the adoption of general permit application requirements for stormwater discharges to implement Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342(p)). (C) A conditional waiver of waste discharge requirements from irrigated lands, pursuant to Section 13269 of the Water Code, adopted by a regional water quality control board. (2) "Scientific basis" and "scientific portions" mean those foundations of a rule that are premised upon, or derived from, empirical data or other scientific findings, conclusions, or assumptions establishing a regulatory level, standard, or other requirement for the protection of public health or the environment. (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. The State Wate r Resources Control Board or a regional water quality control board shall be deemed to have complied with this section if a scientific peer review has been done on the scientific basis or scientific portion of an adopted rule. (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 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. (g) This section shall apply to a rule defined in subparagraphs (B) and (C) of paragraph (1) of subdivision (a) only when fees are available to cover the State Water Resources Control Board's or a regional water quality control board's costs of complying with this section.SEC. 2.Section 13000 of the Water Code is amended to read: 13000. (a) The Legislature finds and declares that the people of the state have a primary interest in the conservation, control, and utilization of the water resources of the state, and that the quality of all the waters of the state shall be protected for use and enjoyment by the people of the state. (b) The Legislature further finds and declares that activities and factors which may affect the quality of the waters of the state shall be regulated to attain the highest water quality which is reasonable, considering all demands being made and to be made on those waters and the total values involved, beneficial and detrimental, economic and social, tangible and intangible. (c) The Legislature further finds and declares that the health, safety, and welfare of the people of the state requires that there be a statewide program for the control of the quality of all the waters of the state; that the state must be prepared to exercise its full power and jurisdiction to protect the quality of waters in the state from degradation originating inside or outside the boundaries of the state; that the waters of the state are increasingly influenced by interbasin water development projects and other statewide considerations; that factors of precipitation, topography, population, recreation, agriculture, industry, and economic development vary from region to region within the state; and that the statewide program for water quality control can be most effectively administered regionally, within a framework of statewide coordination and policy. (d) The Legislature further finds and declares as follows: (1) That regulations intended to attain the highest water quality within reason are most likely to be successful when developed in collaboration with entities subject to those regulations. (2) That compliance and the intended water quality objectives will be more readily achieved when regulated entities have ample opportunity to participate in the development and promulgation of programs and regulations. (3) That failure to consider the compliance challenges of regulated entities and to provide a cost-effective and technologically feasible compliance pathway will likely result in the inability of regulated entities to satisfy programmatic requirements and will significantly diminish the efficacy of the program or regulation.