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Public commenter and chief counsel clash over ex parte rules and SB 965 during State Water Board public forum
Summary
During public forum on June 17, public commenter Ray Tahir challenged the board’s ex parte communications guidance and interpretation of Senate Bill 965; Chief Counsel Michael Laufer and board members disagreed, saying SB 965 applies narrowly and that the general APA prohibition on ex parte communications remains.
A public forum commenter and the State Water Board’s chief counsel disputed the board’s rules for ex parte communications on June 17, highlighting confusion about the effect of Senate Bill 965 and administrative-procedure rules on communications about pending matters.
Public commenter Ray Tahir told the board he believes that the legislature intended SB 965 to permit disclosure-based ex parte communications in many permitting contexts and that staff’s guidance was inconsistent with that reading. "My position has been that ex parte communication is permitted as well as communication disclosed to other board members,"…
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