Emergency Regs/selection of private firms

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – OFFICE OF THE CHIEF COUNSEL

APRIL 26, 2000

ITEM: 8

SUBJECT: CONSIDERATION OF A RESOLUTION TO ADOPT EMERGENCY REGULATIONS NECESSARY TO COMPLY WITH SECTION 4526 OF THE GOVERNMENT CODE AND ENABLE THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) OR A REGIONAL WATER QUALITY CONTROL BOARD (RWQCB) TO CONTRACT WITH PRIVATE ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LAND SURVEYING, OR CONSTRUCTION PROJECT MANAGEMENT FIRMS

DISCUSSION: Section 4526 of the Government Code requires agencies to adopt regulations specifying the procedures to be used when an agency engages the professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms. The procedures must assure that the firms are selected on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agency.

The SWRCB and RWQCBs occasionally need to contract for private professional services, notably to comply with requirements of the California Environmental Quality Act or to clean up Emergency, Abandoned, and Recalcitrant account sites that are funded by the Underground Storage Tank Cleanup Fund. The proposed regulations define the procedures to be used when selecting private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms and will satisfy the statutory requirement that procedures be adopted by regulation as a predicate to agency authorization to contract with these private professional firms.

In order to adopt the proposed regulations on an emergency basis, the SWRCB must find that the adoption is necessary for the immediate preservation of public peace, health and safety, or general welfare. Such a condition of emergency exists for RWQCBs that, pursuant to section 25299.36 of the Health and Safety Code or section 13304 of the Water Code, at any time may need to contract with a private firm for corrective action in response to a situation requiring prompt action to protect human health or the environment or to prevent substantial pollution, nuisance, or injury to any waters of the state. In addition, due to staffing constraints, the Division of Water Rights at the SWRCB needs to contract with private firms to prepare environmental documents required by the California Environmental Quality Act, in order to process pending water right applications and petitions for a change in a water right permit.

POLICY ISSUE: Should the SWRCB adopt emergency regulations defining the procedures to be used by the SWRCB and RWQCBs when engaging the services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms?

FISCAL IMPACT: Redirecting existing allocation from Department of General Services contracts to separate contracts. Funding previously in Emergency, Abandoned, and Recalcitrant account or in existing budget for Water Rights Division.

RWQCB IMPACT: The proposed regulations will apply to all RWQCBs.

STAFF RECOMMENDATION: Staff recommends adoption of the proposed resolution declaring the existence of an emergency condition, approving the proposed emergency regulations, and authorizing the Executive Director to transmit them to the Office of Administrative Law

Proposed Regulations available in Word 6.0

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DRAFT March 27, 2000

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2000 - ____

RESOLUTION FINDING A CONDITION OF EMERGENCY AND ADOPTING EMERGENCY REGULATIONS SETTING FORTH PROCEDURES FOR THE SELECTION OF PRIVATE ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LAND SURVEYING, OR CONSTRUCTION PROJECT MANAGEMENT FIRMS

WHEREAS:

1. Section 4526 of the Government Code requires state agencies to adopt by regulation procedures for the selection of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms.

2. Pursuant to section 25299.36 of the Health and Safety Code or section 13304 of the Water Code, a Regional Water Quality Control Board (RWQCB) at any time may need to contract with a private professional services firm for corrective action to address a situation which requires prompt action to protect human health or the environment or to prevent substantial pollution, nuisance, or injury to any waters of the state.

3. The Division of Water Rights at the State Water Resources Control Board (SWRCB) immediately needs to contract with private professional services firms to prepare environmental documents required by the California Environmental Quality Act because existing staff cannot timely process the volume of pending water right applications and petitions for change in a water right permit.

4. Without the proposed regulations the SWRCB and RWQCBs cannot enter contracts with these private professional services firms, and thus cannot address situations requiring corrective action or environmental reporting. This situation is an emergency requiring the immediate adoption of regulations in order to preserve the public peace, health and safety, and general welfare.

5. Proposed additions to Title 23, California Code of Regulations, division 3 will enable the SWRCB and RWQCBs to contract with private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms in response to the SWRCB’s and RWQCBs’ immediate needs.

THEREFORE BE IT RESOLVED THAT:

1. For the reasons set forth in the Finding of Emergency prepared in connection with the proposed regulations, a condition of emergency exists for the purposes of Government Code section 11346.1, subdivision (b) justifying the immediate adoption of the proposed regulations in order to preserve the public peace, health and safety, and general welfare.

2. The proposed additions to Title 23, California Code of Regulations, division 3, chapter 29, sections 3870 to 3880 are adopted on an emergency basis, and the Executive Director is authorized to transmit the additions to the Office of Administrative Law for filing with the Secretary of State.

CERTIFICATION

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 April 26, 2000.

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Maureen Marché

Administrative Assistant to the Board