A heated discussion on ex parte communication dominated the State Water Resources Control Board meeting on December 18, 2024, as board member Mr. Tahir challenged existing interpretations of communication rules. He argued that the current understanding has hindered public access to board members, particularly during critical permit proceedings like the MS4 permit. Tahir emphasized that ex parte communication—discussions between board members and the public outside of formal meetings—is permissible under certain conditions, contradicting claims made by other board members.

Tahir's comments highlighted a significant concern: the regional board's restrictive application of ex parte rules has effectively silenced public input. He cited instances where board members, including Michael Mendez, felt intimidated to engage with constituents for fear of violating these rules. This has raised questions about transparency and public engagement in the decision-making process.

The discussion also touched on the need for clearer definitions regarding general orders, general permits, and individual permits under the Porter-Cologne Water Quality Control Act. Tahir proposed that the Office Chief Counsel draft an interim guidance memo to clarify these distinctions, which he believes are currently muddled and lead to confusion about permissible communications.

In response, Mr. Laufer acknowledged the misunderstandings surrounding the legislative framework but maintained that the existing rules are clear and must be followed. He expressed a willingness to meet with Tahir to resolve these issues, indicating a potential path forward for better communication and understanding among board members.

The meeting concluded with a call for continued dialogue, emphasizing the importance of public forums in fostering transparency and collaboration. As the board navigates these complex regulatory waters, the implications of their discussions could significantly impact how the public interacts with water management processes in California.