Transcript Highlights:

• During the Biden administration, expansive WOTUS interpretations treated dry washes and ephemeral streams

Bills: HCR66 , HB2550 , HR432 , HB3898 , HB3383 , HB3638 , HB3628 , HR939

Keywords: military funding, defense, appropriations, fiscal year, government, labor relations, collective bargaining, federal employees, workforce protection, executive order, federal labor relations, labor management, federal oversight, government reform, Clean Water Act, Federal Water Pollution Control Act, PERMIT Act, waters of the United States, WOTUS, EPA

Transcript Highlights:

• EPA, where the Supreme Court narrowly, significantly narrowed the definition of WOTUS, the root word.
• rule, and were not already deemed to be not a WOTUS pre-SACCIT, thus mostly capturing waters that would
• but are no longer WOTUS.
• And this definition of WOTUS has changed and evolved. for decades.
• Before SACIT and after SACIT, what is a WOTUS is not always evident. is that defining nexus waters in

Committee: House Environmental Safety and Toxic Materials

Transcript Highlights:

• EPA, where... ...the Supreme Court narrowly, you know, significantly narrowed the definition of WOTUS
• rule, and that are not already deemed not to be WOTUS pre-Sackett, thus mostly capturing waters that
• no longer WOTUS.
• This definition of WOTUS has changed and evolved for decades.
• Before Sackett and after Sackett, what is a WOTUS is not always evident.

Summary: The committee heard SB 404 on metal shredding facilities, SB 601 on water quality protections after the U.S. Supreme Court’s Sackett decision, SB 682 on phasing out PFOS in certain consumer products, and later SB 646 on prenatal vitamins and toxic metal contamination. SB 561 had been pulled from the hearing. In each of the measures, the authors and supporters emphasized environmental and public health protections, while opponents raised concerns about overregulation, implementation, and unintended economic impacts. The committee also spent time on the policy details of each bill, including how smaller operators would be treated under SB 404, how “nexus waters” would be defined under SB 601, and whether alternatives and testing standards were adequate under SB 682 and SB 646. For SB 404, Senator Caballero said the bill would create a permitting and enforcement framework for metal shredding facilities, with operational standards for fire prevention, stormwater, and releases of shredder residue, while supporters argued it would bring needed certainty to a critical recycling industry. Opponents, including small recyclers and community/environmental advocates, said the bill was either too broad or not strong enough, with some warning it would burden smaller facilities and others arguing it would fail to protect overburdened communities. The committee approved SB 404 on a due-pass-as-amended motion to Appropriations, with recorded support from the chair and some members and opposition from others. SB 601 sought to restore state-level protections for waters that lost federal Clean Water Act coverage after Sackett, using a “nexus waters” framework and revised enforcement provisions after amendments removed the private right of action. Supporters said California needed to preserve protections for seasonal streams and wetlands and avoid backsliding, while opponents from business, agriculture, water districts, and local governments argued the definition remained too broad and could create uncertainty, costs, and unintended consequences. The committee also approved SB 601 on a due-pass motion to Appropriations, again with split votes. SB 682, which the committee also advanced, would phase out intentionally added PFOS in six product categories, including cleaning products, cookware, dental floss, ski wax, food packaging, and juvenile products, with an amendment delaying cookware implementation until 2030. Supporters framed it as a source-control measure to reduce PFAS contamination and lower long-term water treatment costs, while manufacturers and cookware interests argued the bill was overbroad, lacked workable testing standards, and could push consumers and businesses toward uncertain alternatives. The committee chair recommended an aye vote, and the measure passed to Appropriations. SB 646 was then introduced on prenatal vitamins, with supporters saying it would require testing and disclosure of heavy metals like lead, arsenic, cadmium, and mercury, while the opposition said disclosure must be handled carefully so as not to confuse consumers or undermine confidence in prenatal supplements.

Transcript Highlights:

• And the court, without looking at the WOTUS rule that had been adopted by the Biden administration or
• This is not a WOTUS.
• community is tired of ping-ponging regulations and understandings and interpretations of what the WOTUS

Committee: House Resources and Conservation

Transcript Highlights:

• EPA, which significantly narrowed the definition of WOTUS to not apply to certain wetlands, streams,
• waters that are not currently federally regulated, but that were not excluded under a pre-Biden-era WOTUS
• rule, and were not already deemed not to be WOTUS pre-Sackett.
• You know, that we're not excluded from a pre-Biden-era WOTUS rule, and we're not already deemed to be
• not a WOTUS pre-Sackett.

Summary: The committee met as a subcommittee without quorum at first, then later established quorum and continued hearing several bills. SB 27, the annual CARE Court cleanup bill, would require courts to consider CARE referral for certain misdemeanor defendants found incompetent to stand trial, combine some hearings, allow limited data sharing among licensed medical professionals, and expand eligibility to include mood disorders with psychotic features. Supporters said it would clarify the meaning of “clinically stabilized,” streamline the process, and help more severely ill people receive treatment; opponents argued it would expand CARE Court too broadly, strain county resources, and divert attention from housing and voluntary services. The bill passed to the Health Committee on a roll call vote and was placed on call. SB 82, dealing with so-called “infinite arbitration clauses,” would limit consumer contract arbitration provisions to disputes arising from the product or service actually purchased. The author and supporters said the bill would stop companies from forcing arbitration in unrelated claims and would not ban arbitration itself. Opponents from business and banking groups argued the language was too restrictive, could create litigation over related transactions, and should be clarified as prospective only. The committee approved the bill and placed it on call after a roll call vote. The committee then heard two reparations-related bills. SB 437 would direct CSU to develop a genealogical methodology and framework for verifying descendants of enslaved people, with oversight, reporting, and guardrails tied to recently allocated state funding. Supporters said the bill would create a fair, evidence-based process; opponents, including professional genealogists and reparations advocates, argued the work is already well understood, the bill is unnecessary, and it could delay action. SB 518 would create a Bureau for Descendants of American Slavery within state government, with divisions for genealogy, property reclamation, outreach, and legal affairs. Supporters framed it as needed infrastructure to implement reparations recommendations; opponents objected to locating it in the Department of Justice, warned about data privacy and law enforcement control, and criticized the inclusion of broader communities. Both bills were moved to Appropriations and placed on call. The committee also heard SB 52, the End AI Rent Hikes Act, which would prohibit the use of algorithms to collude on and artificially inflate rental prices; the author and supporters described it as a response to AI-assisted rent fixing in California’s housing market.

Transcript Highlights:

• pollutants... ...provides for regulations of the discharge of pollutants into waters of the United States, WOTUS
• EPA, which significantly narrowed the definition of WOTUS to not apply to certain wetlands, streams,
• waters which are not currently federally regulated, but that were not excluded from a pre-Biden era WOTUS
• rule, and we're not already... ...you know, that were not excluded from a pre-Biden era WOTUS rule,
• and we're not already deemed to be not WOTUS pre-Sackett.

Committee: House Judiciary

Summary: The committee heard several bills, beginning with SB 27, a CARE Court cleanup measure by Senator Umberg. The bill would require courts to consider CARE referral for certain misdemeanor defendants found incompetent to stand trial, combine some hearings, expand data sharing among licensed medical professionals, and broaden eligibility to include mood disorders with psychotic features. Supporters said the bill would clarify the meaning of “clinically stabilized,” streamline the process, and help more severely ill people get treatment; opponents argued it would greatly expand the program without enough housing, staffing, or resources and could sweep in people who can make their own decisions. The committee members raised concerns about scope and resources but ultimately voted to pass SB 27 to the Health Committee, with the bill placed on call. The committee then took up SB 82, which would limit consumer arbitration clauses to disputes arising from the specific product or service the consumer agreed to buy, aimed at stopping “infinite arbitration clauses” that force unrelated claims into arbitration. The author and supporters described cases where consumers were compelled to arbitrate claims involving corporate affiliates or unrelated incidents, while opponents warned the bill was too restrictive and should be clarified on retroactivity and construction. Members generally supported the bill, and it passed on a do-pass motion, with several votes recorded and the bill placed on call. Next, the committee heard SB 437 and SB 518, both related to California reparations efforts. SB 437 would direct CSU to develop an evidence-based, reproducible genealogical methodology for verifying descendants of enslaved people, with supporters emphasizing oversight, transparency, and a framework for using the $6 million already allocated in the budget; opponents argued the work was unnecessary, duplicative, and should be done by existing genealogists rather than CSU. SB 518 would create a Bureau for Descendants of American Slavery within state government, with divisions for genealogy, property reclamation, outreach, and legal affairs; supporters called it the infrastructure needed to implement reparations recommendations, while opponents objected to housing the bureau in the Department of Justice, overlap with SB 437, and the inclusion of other communities. Both bills advanced on do-pass motions to Appropriations and were placed on call. Finally, Senator Perez presented SB 52, the End AI Rent Hikes Act, which would make it illegal to use algorithms to collude and artificially inflate rental prices. The author and supporters said landlords and AI companies are using pricing tools to share competitive data and fix rents in the midst of a severe affordability crisis, and that the bill would clarify protections and create enforcement mechanisms. The transcript cuts off during testimony on SB 52, before any vote or final action is shown.

Transcript Highlights:

• moment, while they're repealing... the Clean Water Rule, also known as Waters of the United States, or WOTUS
• So to finish out, as POTUS destroys WOTUS, as Trump tries to turn federal public lands into a toxic mine

Transcript Highlights:

• And the two hot buttons. issues have been WOTUS, Waters of the U.S., and the Endangered Species Act.
• Can you tell us what your involvement was in rolling back that WOTUS regulation with the previous administration

Committee: Senate Agriculture, Nutrition, and Forestry Committee

Transcript Highlights:

• I mean, just, you know, today we started writing the comment letter for the EPA on all the new WOTUS

Summary: The Senate Finance Committee met with a quorum, approved the minutes from the prior meeting, and heard budget presentations from the Secretary of State, the Attorney General, and the State Auditor. The Secretary of State’s office described its FY27 budget, emphasizing efficiency gains from technology, election security work, and business services. It said it is operating with fewer staff than a decade ago, but rising costs and outdated statutory fees are creating deficits in service of process and other operations. The office asked the committee to consider either increasing fees or allowing it to retain a larger share of business-service revenue, and it also proposed creating an Office of Entrepreneurship to help small businesses navigate state government, grants, permits, and related services. Committee members questioned the Secretary of State’s office about fee increases, the current 50-50 split of certain revenues with general revenue, and whether the proposed entrepreneurship office would duplicate existing services. The office said it would complement, not replace, Commerce, SBDC, or grant programs, and would report metrics and policy recommendations to the legislature. The Attorney General then requested a one-time $2 million special revenue appropriation to hire additional lawyers and support staff, citing increased litigation, federal and state legal work, and the need to defend new laws. He also discussed embedded DMV lawyers handling DUI revocation hearings and said the arrangement costs the office just over $200,000. The State Auditor reported that his office is largely self-funded through special revenue and said he wants to reduce reliance on general revenue over time. He highlighted savings from renegotiated leases and an open government contract, discussed the need for more auditors in the Chief Inspector’s Division, and described fraud recovery and P-card operations. A major topic was delinquent land sales: the auditor said the office sold about 17,000 parcels last year and believes online bidding and better marketing could generate substantially more revenue, with the surplus potentially shared among counties, the state, and other programs. Members also asked about securities fee changes, fairness hearings, fire department audits, IT/cybersecurity, and how surplus proceeds from delinquent land sales should be handled. The committee adjourned after the presentations and questions.

Transcript Highlights:

• Billy what's the latest on WOTUS?

Committee: House Natural Resources

Transcript Highlights:

• And right now, because of WOTUS, they know that those waters aren't federally jurisdictional anymore.

Committee: Joint Agriculture and Water Management Committee

Transcript Highlights:

• And right now, because of WOTUS, they know that those waters aren't federally jurisdictional anymore.

Summary: The committee opened its third interim meeting with roll call, approved the November 13, 2025 minutes, and the chair reviewed prior committee work, including a denied request for a fertilizer-capacity study and a planned later discussion of the Union Pacific/Norfolk Southern merger issue. Commissioner Doug Goring then presented Department of Agriculture updates on uncrewed aerial systems grants to detect noxious weeds, the state’s irrigation potential, the low-carbon fuels program for ethanol plants, the Environmental Impact Mitigation Fund, model zoning ordinances for animal feeding operations, and fertilizer production and supply in North Dakota. Members asked about funding sources, fertilizer storage and availability, natural gas and water needs for future fertilizer plants, and how the model zoning website would help counties and townships apply setback and odor tools. A substantial portion of the meeting focused on the Department of Water Resources’ economic analysis tool for water conveyance and flood-related projects. Dr. Dwayne Poole explained that the department is proposing changes to better account for end-of-useful-life conditions and updated hydrologic data, while still limiting the model to direct, demonstrable costs and benefits. He said the goal is to make the analysis more realistic and consistent without changing statute, and he provided examples of how project benefits could change as drains age or as rainfall and flood data evolve. Committee members and water-user representatives generally supported continued work on the proposal, while raising concerns about downstream impacts, closed-basin projects, and whether the changes would meaningfully affect project approvals. The committee then heard from John Paskowski, state engineer, on Devil’s Lake, the West End and East End outlets, and the Tolna Coulee control structure. He reviewed lake history, outlet capacities, sulfate and downstream flow limits, and explained that the control structure is intended to prevent a catastrophic uncontrolled release by slowing erosion and head cutting. Members asked about water quality trends, the length of the downstream flow constraint, and whether the Tolna Coulee area had been studied for possible natural overflow or silt buildup. The discussion emphasized ongoing flooding concerns, mitigation for affected landowners, and the need to balance outlet operations with downstream water quality and infrastructure protection.

Transcript Highlights:

• And right now, because of WOTUS, they know that those waters aren't federally jurisdictional anymore.

Committee: Joint Agriculture and Water Management Committee

Summary: The committee met for its third interim meeting, approved the prior meeting minutes, and heard a series of statutory reports from the Department of Agriculture and the Department of Water Resources. Chair Hauck noted that Legislative Management had denied the committee’s earlier request for a fertilizer capacity study, and that the committee would also revisit the proposed Union Pacific/Norfolk Southern merger later in the day. Commissioner Doug Goring reported on several agriculture topics, including uncrewed aerial systems grants to detect noxious weeds, irrigation expansion potential, the low-carbon fuels program for ethanol plants, the Environmental Impact Mitigation Fund, model zoning ordinances for animal feeding operations, and fertilizer production and usage in North Dakota. He emphasized that fertilizer supply depends heavily on natural gas and water, that most nitrogen fertilizer is imported, and that large-scale fertilizer plants require very large capital investments. Members discussed fertilizer storage, natural gas pipeline capacity, water availability, and the role of state infrastructure in supporting value-added agriculture. A major portion of the meeting focused on the Department of Water Resources’ economic analysis tool for water conveyance and flood-related projects. Dr. Dwayne Poole explained that the tool was created under 2017 legislation to help evaluate projects expected to cost $1 million or more, and that the department is proposing adjustments to better account for end-of-useful-life conditions and changing hydrologic data. He said the changes would remain focused on direct, demonstrable costs and benefits, not indirect impacts, and would be implemented through guidance and operating procedures rather than statutory changes. Committee members and water users discussed whether the revisions would better reflect real-world conditions, including deferred maintenance, changing rainfall patterns, and downstream effects. A representative from the Water Resource District Association said the group was working with DWR and hoped to review test scenarios before the June meeting. The committee then received a detailed presentation on Devils Lake, its outlets, and the Tolna Coulee control structure. State Engineer John Paskowski reviewed lake history, outlet capacities, sulfate and downstream flow constraints, and the purpose of the Tolna Coulee structure in limiting head cutting and preventing uncontrolled downstream releases. Members questioned whether the structure was effectively a dam, whether the lake would naturally overflow without it, the last time the outlets ran, and whether water quality in Devils Lake has improved over time. Paskowski said the outlets last operated in August 2025, that sulfate levels still limit operations, and that the lake has freshened somewhat but not enough to eliminate water-quality concerns. The discussion also touched on whether water from flooded areas or closed-basin systems could be reused for irrigation, and on the broader implications of wet cycles, inundated land, and drainage management across the state.

Transcript Highlights:

• 55.280><c> for</c><01:02:55.440><c> our</c> Cyrus Western at EPA Mountains and Plains is working on WOTUS