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Current State Update

The latest state regulatory develoments that appear in the current issue of ELR's Weekly Update appear below. For material previously reported, refer to the state update archives.

Volume [field_update_volume_value], Issue [field_update_issue_value]

California: Air (generally)

The California Air Resources Board proposed amendments to Cal. Code Regs. tit. 17, §§60000 to 60007. The proposed amendments would update its certified regulatory program to more fully set forth its California Environmental Quality Act (CEQA) review procedures; further specify notice and comment requirements, exemptions, definitions, and the different procedures that will apply to different types of environmental review; and improve alignment with current CEQA principles. A hearing will be held May 23, 2019. Comments are due April 15, 2019.

Air (generally)

California: Environmental Law and Policy/Governance

The San Francisco Bay Conservation and Development Commission proposed amendments to Cal. Code Regs. tit. 14, Appendix M. The proposed amendments would double all existing permit application fees and increase the percentage of the Commission's total regulatory program costs recovered from permit application fees from 20% to 40%. A hearing will be held April 18, 2019. Comments are due April 19, 2019. See https://oal.ca.gov/wp-content/uploads/sites/166/2019/03/9z-2019.pdf (pp. 327-30).

Environmental Law and Policy/Governance

Florida: Wildlife (generally)

The Fish and Wildlife Conservation Commission proposed amendments to Fla. Admin. Code Ann. r. 68A-15.006. The proposed amendments would adjust season date to conform to calendar year changes and revise specific area regulations for miscellaneous areas to enable the Commission to better manage fish and wildlife resources and public use in miscellaneous areas. A hearing will be held May 1-2, 2019, if requested. See https://www.flrules.org/gateway/ruleNo.asp?id=68A-15.006.

Wildlife (generally)

Maine: Land Use (generally)

The Land Use Planning Commission proposed amendments to Chapter 10, Land Use Districts and Standards. The proposed amendments would update the standards regarding roads and water crossings to be more consistent with the Maine Department of Environmental Protection's standards, enhance public safety, and provide for aquatic habitat connectivity in flowing waters. Comments are due April 5, 2019. See https://www.maine.gov/sos/cec/rules/notices/2019/030619.html.

Land Use (generally)

Minnesota: Clean Water Act (CWA)

The Minnesota Pollution Control Agency seeks comment on the proposed site-specific selenium water quality standard for the lower Minnesota River and associated floodplain lakes in Hennepin and Dakota Counties. Comments are due April 18, 2019. See https://mn.gov/admin/assets/SR43_36%20-%20Accessible_tcm36-374028.pdf (pp.1043-45).

Clean Water Act (CWA)

Minnesota: Watershed Protection

The Minnesota Pollution Control Agency seeks comment on its draft Watershed and Protection Strategies Report and TMDL Report for the Cedar River Watershed. Comments are due April 3, 2019. See https://mn.gov/admin/assets/SR43_36%20-%20Accessible_tcm36-374028.pdf (pp. 1046-48).

Watershed Protection

Rhode Island: Land Use (generally)

The Agricultural Lands Preservation Commission proposed amendments to 505 R.I. Code R. §1 concerning the Commission's standard operating procedures for administration of the purchasing of development rights. The proposed amendments would remove provisions that would be better suited in a guidance document, update the Commission's scoring system by eliminating criteria that is no longer useful, and allow for greater flexibility in the administration of its purchasing program. Comments are due April 4, 2019. See https://rules.sos.ri.gov/promulgations/part/505-00-00-1.

Land Use (generally)

Washington: Wildlife (generally)

The Department of Fish and Wildlife proposed to amend Wash. Admin. Code §§220-660-030 and 220-660-300, and to adopt §220-660-305. The proposed amendments and adoptions would permit motorized and nonmotorized suction dredging activities in the state through individual hydraulic project approvals while maintaining current protections for fish life. A hearing will be held April 5-6, 2019. Comments are due April 8, 2019. See http://lawfilesext.leg.wa.gov/law/wsr/2019/05/19-05-094.htm.

Wildlife (generally)

Washington: Wildlife (generally)

The Department of Fish and Wildlife proposed amendments to Wash. Admin. Code §§220-320-010, 220-330-090, and 220-610-010. The proposed amendments would remove pinto abalone from the list of food fish/shellfish potentially available for harvest and add it to the state's list of endangered species. A hearing will be held April 5-6, 2019. Comments are due April 3, 2019. See http://lawfilesext.leg.wa.gov/law/wsr/2019/05/19-05-092.htm.

Wildlife (generally)

Wisconsin: Clean Water Act (CWA)

The Department of Natural Resources proposed amendments to Wis. Admin. Code NR §§102.04, 104.06, 104.20, 210.06, and 219.04 The proposed amendments would revise the bacteria water quality criteria for recreation, remove fecal coliform criteria for individual waters, and revise the permit requirements for publicly owned and privately owned domestic sewage treatment works. Hearings will be held April 18, 2019, and April 23, 2019. Comments are due April 30, 2019. See http://docs.legis.wisconsin.gov/code/chr/all/cr_19_014.

Clean Water Act (CWA)