HomeMy WebLinkAboutSB 964 - Wright - Waste Discharge Requirements and PermitsX,
CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE A LETTER
OF SUPPORT FOR SB 964 (WRIGHT).
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: May 10, 2012
CONTENTS: SB 964 Bill Text
Recommendation
By Minute Motion, approve the recommended letter of Support for SB 964
(Wright)
Committee Recommendation
On April 27, 2012, the Palm Desert Legislative Review Committee recommended that
the City Council approve a letter of support for SB 964 (Wright).
Background
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.
SB 964 (Wright) 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.
SB 964: Support Letter
May 10, 2012
Page 2 of 2
When legislation is passed, it is defined broadly. The Rulemaking process establishes
the rules by which the legislation will operate. The Administrative Procedures Act (APA)
establishes that Rulemaking process.
The APA requires the evaluation of cost impacts and the discussion of alternatives for
those affected by permits. The Little Hoover Commission (a State oversight board),
observed that the State Water Board was statutorily exempt from the APA requirements
for regulations with respect to "the issuance, denial, or revocation of specified waste
discharge requirements and permits" (SB 964).
This bill, SB 964 (Wright), seeks to right that wrong by not allowing the State Water
Board to issue regulatory policy outside of the APA, as is required of all other state
agencies (including all other entities within CalEPA). SB 964 specifically provides that
the State Water Board exemption from APA, "shall not apply to any general permits or
waivers issued under state law or the federal National Pollutant Discharge Elimination
System [NPDES], as defined..." (SB 964).
The City's Public Works Department stressed that this bill is important to Palm Desert
with respect to the City's NPDES Program and Municipal Separate Storm Sewer
System (MS4) Permit that is regulated by the State Water Board. Staff recommends
support of this bill.
Fiscal Analysis
There is no fiscal impact related to support of this bill.
Submitted By:
Stephen
Approv :
L--f UNCIL ACTION
k a ger APPROVED__ DENIED
RECEIVED OTHER.
Paul S. Gibson, Director of Finance
n M. Wohlmuth, City Manager
MEETING DATE
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