Bill Text: CA AB1337 | 2023-2024 | Regular Session | Amended
Bill Title: State Water Resources Control Board: water diversion curtailment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-07-10 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1337 Detail]
Download: California-2023-AB1337-Amended.html
Amended
IN
Assembly
April 20, 2023 |
Introduced by Assembly Member Wicks |
February 16, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing
The
California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) It is the intent of the Legislature that the State Water Resources Control Board shall be able to exercise its full authority under Section 2 of Article X of the California Constitution, the public trust doctrine, and Division 1 (commencing with Section 100) and Division 2 (commencing with Section 1000) of the Water Code to ensure that the use or diversion of water under any claim of right serves the public interest.SEC. 2.
Section 1052 of the Water Code is amended to read:1052.
(a) The diversion or use of water subject to this division other than as authorizedSECTION 1.SEC. 3.
Chapter 2.5 (commencing with Section 1065) is added to Part 1 of Division 2 of the Water Code, to read:CHAPTER 2.5. Water Shortage Enforcement
1065.
(a) The board may issue a curtailment order for any diversion, regardless of basis of right, when water is not available under the diverter’s priority of right.The board may adopt regulations for any of the following purposes:
(a)To prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water.
(b)To promote water recycling or water conservation.
(c)To protect public trust resources.
(d)To require curtailment of diversions when water is not available under the diverter’s priority of right.
(e)In furtherance of any of the purposes of this section, to require reporting of diversion or use or the preparation of
monitoring reports.
(a)The board may implement regulations through orders curtailing the diversion or use of water under any claim of right.
(b)(1)The board shall provide notice and an opportunity to be heard, except where an opportunity to be heard before the issuance of an order would be impractical given the likelihood of harm to the purposes described in Section 1065, or other relevant circumstances.
(2)The opportunity to be heard may be tailored to the circumstances, may be a collective rather than individual process, and may be written or oral.
(3)If the board does not provide an opportunity to be heard before the issuance of an order, the board shall promptly provide the opportunity after the issuance of the order, such as through the petition for reconsideration process pursuant to Chapter 4 (commencing with Section 1120).
(a)A person or entity may be civilly liable for a violation of any regulation or order issued under this chapter in an amount not to exceed the sum of the following:
(1)One thousand dollars ($1,000) for each day in which the violation has occurred.
(2)Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in violation of the applicable requirement.
(b)Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.
(c)Civil liability may be imposed administratively by the board pursuant to Section 1055.
A regulation or order issued by the board under this chapter or Section 1058.5 shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
This chapter does not limit any authority held by the board under this code or any other law.
SEC. 4.
Section 1831 of the Water Code is amended to read:1831.
(a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(2)
(3)
(4)
(5)
(6)