Bill Text: CA SB964 | 2011-2012 | Regular Session | Amended

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Bill Title: Administrative Procedure Act: State Water Resources

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-04-23 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 5. Page 3261.) Reconsideration granted. [SB964 Detail]

Download: California-2011-SB964-Amended.html

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BILL NUMBER: SB 964	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012
	AMENDED IN SENATE  MARCH 8, 2012

INTRODUCED BY   Senator Wright
   (Coauthor: Senator Blakeslee)

                        JANUARY 11, 2012

   An act to amend Section 11352 of the Government Code, relating to
the Administrative Procedure Act.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 964, as amended, Wright. Administrative Procedure Act: State
Water Resources Control Board and California regional water quality
control boards.
   Existing law establishes the State Water Resources Control Board
and the California regional water quality control boards and
authorizes them to adopt regulations to carry out their powers and
duties. Existing law generally requires state agencies to adopt
regulations in accordance with prescribed procedures and
requirements, and requires the Office of Administrative Law to review
adopted regulations and to make specified determinations. However,
existing law grants to the State Water Resources Control Board and
the California regional water quality control boards various
exemptions to the above requirements, including an exemption for the
adoption of regulations for the issuance, denial, or revocation of
specified waste discharge requirements and permits.
   This bill would provide that the exemption for the adoption of
regulations for the issuance, denial, or revocation of specified
waste discharge requirements and permits shall not apply to any
general permits or waivers issued under state law or the federal
National Pollutant Discharge Elimination System, as defined, thereby
requiring the State Water Resources Control Board and the California
regional water quality control boards to comply with provisions that
require the adoption of regulations under those circumstances.
   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 11352 of the Government Code is amended to
read:
   11352.  The following actions are not subject to this chapter:
   (a) The issuance, denial, or waiver of any water quality
certification as authorized under Section 13160 of the Water Code.
   (b) The issuance, denial, or revocation of waste discharge
requirements and permits pursuant to Sections 13263 and 13377 of the
Water Code and waivers issued pursuant to Section 13269 of the Water
Code, except any general permits or waivers issued under state law or
the National Pollutant Discharge Elimination System, pursuant to
Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec.
 1432(p))   1342(p))  , as amended.
   (c) The development, issuance, and use of the guidance document
pursuant to Section 13383.7 of the Water Code.