AB 362: Water policy: California tribal communities.
(1) The Porter-Cologne Water Quality Control Act establishes a statewide program for the control of the quality of all the waters in the state and makes certain legislative findings and declarations. Existing law defines the term "beneficial uses" for the purposes of water quality as certain waters of the state that may be protected against quality degradation, to include, among others, domestic, municipal, agricultural, and industrial supplies. This bill would add findings and declarations related to California tribal communities, as defined, and the importance of protecting tribal water use. The bill would add tribal water uses as waters of the state that may be protected against quality degradation for purposes of the defined term "beneficial uses." The bill would require any project or regulatory program subject to approval by the State Water Quality Control Board or a regional water quality control board, within a specified environmental review, and in any findings and declarations presented for state board or a regional board approval, to describe, with both quantitative and qualitative information, how the project or regulatory program will impact tribal water uses, and would require, on or before December 1, 2026, and every 2 years thereafter, the state board to publish a report on implementation of this provision on its internet website. (2) Existing law requires the state board to consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies during the process of formulating or revising state policy for water quality control. This bill would additionally require the state board to consult and carefully evaluate the recommendations of concerned California tribal communities. (3) Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan, or a revision of the plan, adopted by a regional board from becoming effective unless it is approved by the state board. Existing law authorizes the state board to adopt certain water quality control plans. Existing law requires a regional board to establish water quality objectives in water quality control plans that in its judgment will ensure reasonable protection of beneficial uses and the prevention of nuisance and requires each regional board to consider specified factors in establishing water quality objectives. This bill would require, on or before January 1, 2027, the state board to propose, and solicit tribal consultation and public comment on, water quality standards to achieve reasonable protection of tribal water uses into the water quality control plan for the San Francisco Bay and Sacramento-San Joaquin Delta watershed. This bill would add consultations with California tribal communities and environmental justice considerations as factors for a regional board to consider in establishing water quality control objectives. The bill would exempt adoption of tribal water uses within water quality control plans from the California Environmental Quality Act, and would require, upon the next triennial review of a water quality control plan after January 1, 2026, each regional board to define tribal beneficial uses in its water quality control plan and, where applicable, adopt water quality standards to achieve reasonable protection of tribal water uses into water quality control plans. (4) Existing law requires the California Environmental Protection Agency and the Natural Resources Agency, on or before December 1, 2007, to enter into a memorandum of understanding for the purposes of establishing the California Water Quality Monitoring Council, which the state board is required to administer. Existing law requires the monitoring council to review existing water quality monitoring, assessment, and reporting efforts and to recommend specific actions and funding needs necessary to coordinate and enhance those efforts. Existing law requires the memorandum of understanding to describe the means by which the monitoring council shall formulate recommendations to reduce redundancies, inefficiencies, and inadequacies in existing water quality monitoring and data management programs and to ensure that water quality improvement projects financed by the state provide specific information necessary to track project effectiveness with regard to achieving clean water and healthy ecosystems. This bill would require, on or before December 1, 2026, the California Environmental Protection Agency and the Natural Resources Agency to amend the memorandum of understanding to incorporate participation from California tribal communities in the actions of the monitoring council, and would describe these potential methods of participation. The bill would require the memorandum of understating to include recommendations on how to achieve and maintain tribal water uses through state board and regional board regulatory actions and other programs, as specified. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.