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CA AB2446

Bill

Status

Passed

9/23/2016

Primary Sponsor

Richard Gordon

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Expands authority for the State Water Resources Control Board to issue stays on decisions or orders issued under delegated authority, with decisions on stay requests required within 90 days (or 45 days for specific water quality certifications and cleanup orders).

  • Establishes that if the State Water Resources Control Board fails to issue or deny a stay within the applicable timeframe, the stay request is automatically deemed denied.

  • Allows aggrieved parties to file a petition for writ of mandate in superior court within 30 days of the State Water Resources Control Board issuing, denying, or being deemed to have denied a stay.

  • Requires the State Water Resources Control Board to order or deny reconsideration petitions within 90 days from adoption of the decision or order, with exhaustion of administrative remedies required only for decisions issued under delegated authority where the board has authorized reconsideration by regulation.

  • Limits court review of State Water Resources Control Board and regional board decisions by prohibiting judicial challenges before administrative review procedures are exhausted and establishing that decisions not appealed within 30 days are not subject to court review.

Legislative Description

State Water Resources Control Board: judicial review.

Last Action

Chaptered by Secretary of State - Chapter 523, Statutes of 2016.

9/23/2016

Committee Referrals

Appropriations6/29/2016
Judiciary6/15/2016
Environmental Quality6/2/2016
Rules5/23/2016
Appropriations4/19/2016
Judiciary3/28/2016
Water, Parks and Wildlife3/17/2016

Full Bill Text

No bill text available