California Senate Bill SB900 Amended / Bill

 BILL NUMBER: SB 900AMENDED 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).