Bill Text: CA SB454 | 2019-2020 | Regular Session | Amended

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Bill Title: State Water Resources Control Board: Administrative Hearings Office: Water Rights Hearings Office Fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB454 Detail]

Download: California-2019-SB454-Amended.html

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Amended  IN  Senate  April 30, 2019

Amended  IN  Senate  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 454

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Introduced by Senator Caballero

February 21, 2019

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An act to amend Section 1110 of the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

SB 454, as amended, Caballero. State Water Resources Control Board: Administrative Hearing Hearings Office: fees. Water Rights Hearings Office Fund.

Existing law, operative July 1, 2019, creates within the State Water Resources Control Board an Administrative Hearings Office composed of attorneys qualified to act as hearing officers in adjudicative proceedings involving water rights matters. Existing law establishes the Water Rights Fund and provides that moneys in the fund are available, upon appropriation by the Legislature, for, among other things, the administration of the board’s water rights program.

This bill would authorize the office to be supported in full or in part by fees assessed against parties that participate in a hearing conducted by the office, as specified, and would prohibit the fees from being in an amount more than necessary to cover the reasonable costs of the burden imposed on the office by the individual fee payor or from exceeding the sum of $15,000,000 for all payors in a fiscal year. The bill would require the fees collected to be deposited into the fund. The bill would require the board to establish an accounting for the office to be conducted at least once per fiscal year, as prescribed. require the board to assess filing fees for the filing of briefing papers or motions in a hearing conducted by the office, as specified. The bill would require filing fees related to hearings conducted by the office and any fine or monetary penalty imposed as a result of a hearing conducted by the office to be deposited in the Water Rights Hearings Office Fund, which the bill would establish. Under the bill, moneys in the Water Rights Hearings Office Fund are available to the board, upon appropriation by the Legislature, for expenditure in the administration of the office and would require moneys deposited in the Water Rights Hearings Office Fund to directly reduce the funding used from the Water Rights Fund to support the office.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1110 of the Water Code is amended to read:

1110.

 (a) There is within the board an Administrative Hearings Office. The board shall administer the Administrative Hearings Office as an independent organizational unit consistent with the role of the Administrative Hearings Office as a neutral, fair, and efficient forum for adjudications. The Administrative Hearings Office shall be overseen by a presiding hearing officer.

(b) The purpose of the Administrative Hearings Office is to provide qualified, impartial hearing officers, to ensure that water rights matters, including water-related cannabis enforcement matters, are resolved in a timely manner, and to provide the board flexibility to assign hearing officers to other matters, such as those involving water right change petitions and other matters concerning water right permits and licenses.

(c) The Administrative Hearings Office shall conduct adjudicative hearings pursuant to this chapter in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. Except as otherwise provided in Section 1113 or the regulations of the board, this section does not limit the discretion of the board where Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code makes the applicability of a procedure or requirement discretionary.

(d)(1)The Administrative Hearings Office may be supported in full or in part by fees assessed against parties that participate in a hearing conducted by the office. Fees assessed against a party for participation shall not be in an amount more than necessary to cover the reasonable costs of the burden imposed on the Administrative Hearings Office by the individual fee payor. Fees collected pursuant to this subdivision shall be deposited into the Water Rights Fund, established by Section 1550.

(2)Participation fees collected pursuant to this subdivision shall directly reduce, by the same amount collected, the funding used from the Water Rights Fund to support the Administrative Hearings Office.

(3)The board shall only assess a participation fee pursuant to this subdivision on a party participating in a hearing who has not paid an annual water rights fee deposited into the Water Rights Fund in the past five fiscal years.

(4)The board shall not assess more than the sum of fifteen million dollars ($15,000,000) in participation fees pursuant to this subdivision on all payors in a fiscal year.

(e)The board shall establish an accounting that identifies all sources of revenue, including the participation fees collected pursuant to subdivision (d), and expenditures for the Administrative Hearings Office separate from any other program or function of the board. The board shall conduct the accounting at least once per fiscal year.

(d) There is hereby established in the State Treasury a Water Rights Hearings Office Fund. Moneys in the fund are available to the board, upon appropriation by the Legislature, for expenditure in the administration of the Administrative Hearings Office and shall not be used for any other purpose. The board shall establish and publicly publish an annual accounting of revenue and expenses for the fund and for the Administrative Hearings Office. Moneys deposited in the Water Rights Hearings Office Fund shall directly reduce, by the same amount deposited, the funding used from the Water Rights Fund to support the Administrative Hearings Office.

(e) All of the following shall be deposited in the Water Rights Hearings Office Fund:

(1) Any fine or monetary penalty imposed as a result of a hearing conducted by the Administrative Hearings Office.

(2) Filing fees submitted by parties related to hearings conducted by the Administrative Hearings Office.

(f) The board shall assess filing fees for a hearing conducted by the Administrative Hearings Office as follows:

(1) For any party filing its first briefing paper in an amount equal to the fee for filing a complaint of other first paper in an unlimited civil case in the Superior Court of the County of Sacramento.

(2) For any party filing a motion in an amount equal to the fee for filing that type of motion in an unlimited civil case in the Superior Court of the County of Sacramento.