California 2011-2012 Regular Session Status: Passed Assembly

AB 2063 — Ex parte communications.

Last action — In committee: Set first hearing. Failed passage. Reconsideration granted.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control 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 authorizes the state board to hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in the state board, as specified. The act also requires the regional boards to adopt regional water quality control plans in compliance with the state policies. Existing law requires each regional board to conduct certain proceedings, including, but not limited to, holding at least 6 regular meetings each calendar year. Existing law, the Administrative Procedure Act, provides for the conduct of administrative adjudication proceedings of state agencies. Existing law generally prohibits ex parte communication including communication during a pending proceeding, regarding any issue in the proceeding, to the presiding officer by an employee or representative of an agency that is a party to the proceeding without notice and opportunity for all parties to participate, except as specified. This bill would prohibit a state board member, a regional board member, or any interested person, as defined, from engaging in a communication that would be considered ex parte under the Administrative Procedure Act. The bill would provide that a communication is not ex parte if the communication is between a state or regional board staff member acting in his or her official capacity and a state board member, regional board member, or any interested person. The bill would provide that an otherwise prohibited ex parte communication is permissible if the state or regional board member fully discloses the communication, and the communication is in regard to waste discharge requirements, water quality certifications, or conditional waivers of waste discharge requirements, as specified. The bill would also provide that an otherwise prohibited ex parte communication is permissible if a regional board member fully discloses the communication, and the communication is in regard to a municipal separate storm sewer permit, as defined.

Bill Text

Action History

  1. In committee: Set first hearing. Failed passage. Reconsideration granted.

  2. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

  3. Referred to Com. on E.Q.

  4. In Senate. Read first time. To Com. on RLS. for assignment.

  5. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 8. Page 4924.)

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 15. Noes 1.) (May 16).

  8. Re-referred to Com. on APPR.

  9. Read second time and amended.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 24).

  11. Re-referred to Com. on W., P. & W.

  12. From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P. & W. Read second time and amended.

  13. Referred to Com. on W., P. & W.

  14. From printer. May be heard in committee March 25.

  15. Read first time. To print.

Sponsors

  • Alejo · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Alejo

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2063 ALEJO Assembly Third Reading

Passed 63 Yea · 8 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 60809
Democratic 1000
Republican 2000
Total 63809
% of votes cast 79%10%0%11%
How each member voted (80)
Member Party Vote
Gorell — Yea
Hall — Yea
Feuer — Yea
Fuentes — Yea
Yamada — Not Voting
Butler — Not Voting
Bonilla — Yea
Atkins — Yea
Allen — Nay
Halderman — Yea
Campos — Yea
Portantino — Nay
Hill — Nay
Fletcher — Not Voting
Huffman — Nay
Fong — Not Voting
Chesbro — Yea
Mendoza — Yea
Beall — Yea
Dickinson — Yea
Donnelly — Yea
Miller — Yea
Monning — Yea
Norby — Yea
Perea — Not Voting
Skinner — Nay
Torres — Yea
Wieckowski — Nay
Galgiani — Yea
Gatto — Yea
Carter — Yea
Gordon — Yea
Cedillo — Yea
Hagman — Yea
Hayashi — Yea
John A. Pérez — Yea
Mitchell — Yea
Hueso — Yea
Cook — Yea
Davis — Yea
Knight — Yea
Logue — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Nay
Block — Not Voting
Blumenfield — Nay
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Olsen — Yea
Pan — Yea
Solorio — Yea
Valadao — Yea
Conway — Yea
Eng — Yea
Furutani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14101
Democratic 1000
Total 15101
% of votes cast 88%6%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Hall — Yea
Hill — Nay
Mitchell — Yea
Lara — Yea
Davis — Yea
Donnelly — Yea
Norby — Yea
Blumenfield — Not Voting
Bradford — Yea
Harkey — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8103
Republican 1000
Total 9103
% of votes cast 69%8%0%23%
How each member voted (13)
Member Party Vote
Yamada — Not Voting
Campos — Yea
Fong — Not Voting
Halderman — Yea
Huffman — Nay
Lara — Yea
Blumenfield — Not Voting
Williams — Yea
Hueso — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Roger Hernández — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 2063 do?
Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control 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 authorizes the state board to hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in the state board, as specified. The act also requires the regional boards to adopt regional water quality control plans in compliance with the state policies. Existing law requires each regional board to conduct certain proceedings, including, but not limited to, holding at least 6 regular meetings each calendar year. Existing law, the Administrative Procedure Act, provides for the conduct of administrative adjudication proceedings of state agencies. Existing law generally prohibits ex parte communication including communication during a pending proceeding, regarding any issue in the proceeding, to the presiding officer by an employee or representative of an agency that is a party to the proceeding without notice and opportunity for all parties to participate, except as specified. This bill would prohibit a state board member, a regional board member, or any interested person, as defined, from engaging in a communication that would be considered ex parte under the Administrative Procedure Act. The bill would provide that a communication is not ex parte if the communication is between a state or regional board staff member acting in his or her official capacity and a state board member, regional board member, or any interested person. The bill would provide that an otherwise prohibited ex parte communication is permissible if the state or regional board member fully discloses the communication, and the communication is in regard to waste discharge requirements, water quality certifications, or conditional waivers of waste discharge requirements, as specified. The bill would also provide that an otherwise prohibited ex parte communication is permissible if a regional board member fully discloses the communication, and the communication is in regard to a municipal separate storm sewer permit, as defined.
Who sponsors AB 2063?
AB 2063 is sponsored by Alejo.
What is the current status of AB 2063?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2063?
Track AB 2063 free on One Click Politics — get push/email alerts when it moves.

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