SUBJECT

PROPOSED CHANGE IN THE DELEGATION OF AUTHORITY TO THE CHIEFS OF THE DIVISIONS OF CLEAN WATER PROGRAMS AND WATER QUALITY

LOCATION

N/A

DISCUSSION

Resolution 90-14 delegates authority from the State Water Resources Control Board (SWRCB) to the Executive Director, the Deputy Director, or the Chief of the Division of Administrative Services to execute contracts and amendments with municipalities and other eligible applicants for grants and loans under the various state clean water bond laws.

The attached draft resolution restates this delegation and adds a delegation to the Chief of the Division of Water Quality and several delegations to the Chief of the Division of Clean Water Programs.

The first new delegation would allow the Chiefs of the Divisions of Clean Water Programs and Water Quality to make loan and grant commitments and to approve execution of contracts and amendments for routine, noncontroversial loan and grant projects managed by each Division where those projects are consistent with adopted SWRCB policies. Many of the loan and grant projects which are scheduled for SWRCB consideration are routine and noticed as noncontroversial. Potential loan and grant recipients often travel some distance to attend SWRCB workshops and meetings for routine approvals. These routine items are placed on the consent calendar and approved by the SWRCB without any discussion. To avoid unnecessary travel and to more efficiently manage these projects, it is appropriate to delegate to the Chiefs of the Divisions of Clean Water Programs and Water Quality the authority to approve and issue binding loan and grant commitments for routine projects where those projects are on the priority list adopted by the SWRCB, are consistent with the policies adopted by the SWRCB and do not raise significant issues requiring SWRCB consideration. The SWRCB would continue to adopt the loan and grant priorities lists and approve binding loan commitments and execution of contracts for projects which deviate from the adopted policies.

The California Water Code and Health and Safety Code authorize the SWRCB to request that the Attorney General pursue recovery of overpayments made from the Underground Storage Tank Cleanup Fund (Cleanup Fund); corrective action costs expended from the Cleanup Fund’s Emergency, Abandoned, and Recalcitrant Account and from the SWRCB’s Cleanup and Abatement Account; and to pursue prosecutions under Government Code section 12650 et seq. (the False Claims Act) against claimants who knowingly submit false claims for reimbursement to the Cleanup Fund. It is more efficient to delegate to the Chief of the Division of Clean Water Programs the authority to make such referrals. The proposed resolution authorizes the Chief of the Division of Clean Water Programs, after concurrence by the Chief Counsel, to refer such actions to the Attorney General.

The California Water Code authorizes the SWRCB to issue subpoenas to compel the attendance of witnesses and to produce evidence in proceedings before the SWRCB. To avoid delay in investigations, it is desirable to delegate to the Chief of the Division of Clean Water Programs the authority to issue these subpoenas. The proposed resolution authorizes the Chief of the Division of Clean Water Programs to issue subpoenas in proceedings arising in connection with programs managed by the Division of Clean Water Programs.

POLICY ISSUE

Should the SWRCB adopt the proposed resolution?

FISCAL IMPACT

These activities are budgeted under the activities. No additional fiscal impact should occur.

RWQCB IMPACT

None.

STAFF RECOMMENDATION

The SWRCB should adopt the proposed resolution.

1.  CONSERVATION AND WATER QUALITY BOND LAW OF 1986; THE CLEAN WATER AND WATER QUALITY BOND LAW OF 1988; THE FEDERAL CLEAN LAKES PROGRAM; AND THE SAFE, CLEAN, RELIABLE WADELEGATES AUTHORITY TO THE EXECUTIVE DIRECTOR AND THE CHIEF DEPUTY DIRECTOR OF THE STATE WATER RESOURCES CONTROL BOARD OR THE CHIEF OF THE DIVISION OF ADMINISTRATIVE SERVICES TO EXECUTE CONTRACTS AND AMENDMENTS WITH MUNICIPALITIES AND OTHER PUBLIC AGENCIES PURSUANT TO THE CLEAN WATER BOND LAWS OF 1970, 1974, 1978, AND 1984; THE CLEAN WATER AND WATER CONSERVATION BOND LAW OF 1978; THE WATER TER SUPPLY ACT OF 1996

2.  DELEGATES AUTHORITY TO THE CHIEFS OF THE DIVISION OF CLEAN WATER PROGRAMS AND THE DIVISION OF WATER QUALITY TO APPROVE FUNDING FOR ROUTINE LOAN AND GRANT PROJECTS WHICH COMPLY WITH POLICIES WHICH THE SWRCB HAS ADOPTED OR WILL ADOPT

3.  DELEGATES AUTHORITY TO THE CHIEF OF THE DIVISION OF CLEAN WATER PROGRAMS TO REFER ACTIONS TO THE ATTORNEY GENERAL TO RECOVER OVERPAYMENTS MADE FROM THE UNDERGROUND STORAGE TANK CLEANUP FUND, TO RECOVER COSTS EXPENDED FOR CORRECTIVE ACTION FROM THE CLEANUP FUND’S EMERGENCY, ABANDONED OR RECALCITRANT ACCOUNT AND THE CLEANUP AND ABATEMENT ACCOUNT, OR TO PROSECUTE ACTIONS UNDER CALIFORNIA GOVERNMENT CODE SECTION 12650 ET SEQ. (FALSE CLAIMS ACT) AGAINST CLAIMANTS WHO KNOWINGLY SUBMIT FALSE CLAIMS FOR REIMBURSEMENT FROM THE CLEANUP FUND AND TO ISSUE SUBPOENAS FOR PRODUCTION OF WITNESSES AND EVIDENCE IN PROCEEDINGS BEFORE THE SWRCB

WHEREAS:

1. The State Water Resources Control Board (SWRCB) wishes to delegate authority to execute contracts and amendments pursuant to the Clean Water Bond Laws of 1970, 1974, 1978, and 1984; the Clean Water and Water Conservation Bond Law of 1978; the Water Conservation and Water Quality Bond Law of 1986; the Clean Water and Water Quality Bond Law of 1988; the federal Clean Lakes Program; and the Safe Clean Reliable Water Supply Act of 1996.
2. The SWRCB has adopted policies which govern the internal management of its loans and grant programs. Many of the loan and grant approvals scheduled for SWRCB consideration are routine and are noticed as noncontroversial. For the orderly and efficient management of such programs, it is appropriate and desirable to delegate to designated staff the authority to approve and issue binding commitments for routine loans and grants which are consistent with the adopted policies, which do not exceed the State Revolving Fund (SRF) funds available, and which do not raise significant issues requiring SWRCB consideration.
3. The SWRCB has authority to request the California Attorney General to pursue recovery of overpayments made from the Underground Storage Tank Cleanup Fund (Cleanup Fund); recovery of corrective action costs expended from the Cleanup Fund’s Emergency, Abandoned or Recalcitrant Account (EAR Account) and the Cleanup and Abatement Account;and prosecutions under the False Claims Act. It is desirable to delegate to designated staff the authority to refer such actions to the Attorney General.
4. The SWRCB has authority to issue subpoenas to compel the attendance of witnesses and to produce evidence in proceedings before it. To avoid delay in critical investigations, it is desirable to delegate to the Chief of the Division of Clean Water Programs the authority to issue subpoenas for proceedings arising in connection with programs under the jurisdiction of the Division of Clean Water Programs.

1. That the SWRCB hereby authorizes the Executive Director, the Chief Deputy Director, or the Chief of the Division of Administrative Services, to execute, for and on behalf of the SWRCB, contracts and amendments thereto with municipalities and other eligible applicants for loans and grants under Whereas No. 1 and to perform all acts and to do all things necessary and convenient to implement such contracts.
2. That the SWRCB hereby authorizes the Chiefs of the Divisions of Water Quality and Clean Water Programs, upon certification by the Chief of the Division of Clean Water Programs that sufficient funds are available, to make preliminary loan and grant commitments and to approve the execution of contracts and amendments under Whereas No. 1 for routine, noncontroversial projects which are consistent with those policies which the SWRCB has adopted or will adopt governing the internal management of those loan and grant projects managed by each Division and which are on a priority funding list adopted by the SWRCB.
3. That the SWRCB hereby authorizes the Chief of the Division of Clean Water Programs, with the concurrence of the Chief Counsel, to refer actions to the Attorney General for recovery of overpayments made from the Cleanup Fund, for recovery of corrective action costs expended from the EAR Account and the Cleanup and Abatement Account, or for prosecution against claimants who knowingly submit false claims for reimbursement to the Cleanup Fund.
4. That the SWRCB hereby authorizes the Chief of the Division of Clean Water Programs to issue subpoenas compelling the attendance of witnesses and/or production of evidence before the SWRCB in all proceedings in matters for which the Division of Clean Water Programs has been assigned program responsibility.
5. The Chiefs of the Division of Clean Water Programs and the Division of Water Quality are directed in exercising the authority vested by this resolution, without restricting the authority specified, to bring any matters to the attention of the SWRCB which are of a unique or unusual nature, which appear to depart from the policies adopted by the SWRCB, matters involving significant policy questions, highly controversial matters, and any matters which a Division Chief determines should be brought to the attention of the SWRCB.
6. That Resolutions 77-16, 77-41, 76-70, 89-5, and 90-14 are revoked.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 20, 1999.

Maureen Marché
Administrative Assistant to the Board