Public commenter and chief counsel clash over ex parte rules; board declines action
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Summary
At the State Water Resources Control Board meeting June 17, public commenter Ray Tahir argued the Legislature intended a disclosure model for ex parte communications under Senate Bill 965; Chief Counsel Michael Laufer and board members disagreed. The exchange concluded with offers to meet but no formal board action.
Ray Tahir, a public commenter, told the State Water Resources Control Board on June 17 that “ex parte communication is permitted” under Senate Bill 965 and related provisions and urged the board to revise its ex parte Q&A guidance.
Chief Counsel Michael Laufer responded in public forum, calling the disagreement “getting a little bit old” and repeatedly saying “words matter,” arguing SB 965 applies only in a narrow circumstance — orders that do not identify parties — and that existing APA and Bagley‑Keene prohibitions still govern most adjudicative matters.
Nut graf: The exchange did not produce any changes to board policy. Tahir put his interpretation of SB 965 and related provision 13287 on the public record and asked staff to revise internal guidance; Laufer defended the board’s reading of the law and said he would meet privately with Tahir. Vice Chair Doreen D'Adamo suggested Tahir review the legislative history and contact his legislators if he wants the law changed.
Laufer urged caution in generalizing from SB 965, telling the board that “if that were true, it would not have been necessary for senate bill 9 65 to be passed,” and that the statute “applies in a very narrow context” where a water board issues waste discharge requirements or water quality certifications that do not identify the parties. Tahir countered that the board’s existing Q&A and related materials misinterpret the statute and that disclosure (rather than a prohibition) is the legislature’s intent for general orders; he also described a January 30 Zoom he said he disclosed to staff regarding a pending MPDS permit.
Board Chair Joaquin Esquivel thanked Tahir for the comment and repeated staff’s offer that Laufer meet with him to discuss the legal interpretation. Vice Chair D'Adamo recommended Tahir consult the legislative history for SB 965 and contact his legislative representatives if he seeks a statutory change.
Ending: The exchange remained a public record of differing legal interpretations; Laufer offered further meetings to Tahir but the board took no formal action and made no change to guidance during the meeting.