Water board ex parte communications

By CMTA Staff

Capitol Update, April 20, 2012 Share this on FacebookTweet thisEmail this to a friend

Assemblymember Luis Alejo (D-Salinas) is the author of AB 2063, Ex Parte Communications.  This bill would provide that the ex parte communications provisions of the Administrative Procedure Act do not apply to state or regional board proceedings regarding water quality. The bill would prohibit a board member, or any interested person, as defined, from engaging in an ex parte communication, as defined, unless the board member fully discloses and makes public the ex parte communication by providing a full report of the communication to the board on the record of the proceeding at the first hearing that occurs after ex parte communication occurred.  This is the process used by the Integrated Waste Management Board and the State Air Board.

If this bill had been in effect last year, members of the State Water Board would have known at the time of their storm water hearing that staff had proposed a permit which would have increased sampling and testing 10 fold, imposed limitations which would be impossible for many industries to meet and eliminated group permits as well as light industry permits.  It is essential that meaningful dialog between stakeholders and Board Members occurs.  No other agency or board operates under these ex parte communications provisions.

AB 2063 is scheduled to be heard in Assembly Water, Parks & Wildlife on Tuesday, April 24th. CMTA is actively supporting this bill.

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