Bill Text: CA AB115 | 2015-2016 | Regular Session | Amended
Bill Title: Water.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB115 Detail]
Download: California-2015-AB115-Amended.html
BILL NUMBER: AB 115 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2015
INTRODUCED BY Committee on Budget (Weber (Chair), Bloom, Bonta,
Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin,
Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)
JANUARY 9, 2015
An act relating to the Budget Act of 2015.
to add Sections 116680, 116681, 116682, and 116684 to the Health and
Safety Code, to add and repeal Sections 21080.08, 21080.45, and
21080.46 of the Public Resources Code, and to amend Sections 375,
375.5, 377, 1058.5, 1552, 1846, 5103, and 5104 of, to add Sections
377.5, 79708.5, and 79716.5 to, and to add Article 3 (commencing with
Section 1840) to Chapter 12 of Part 2 of Division 2 of, the Water
Code, relating to water, and making an appropriation therefor, to
take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 115, as amended, Committee on Budget. Budget Act of
2015. Water.
(1) Existing law, the California Safe Drinking Water Act, provides
for the operation of public water systems, and imposes on the State
Water Resources Control Board various responsibilities and duties.
Existing law requires the state board to conduct research, studies,
and demonstration projects relating to the provision of a dependable,
safe supply of drinking water, to adopt regulations to implement the
California Safe Drinking Water Act, and to enforce provisions of the
federal Safe Drinking Water Act. Existing law prohibits a person
from operating a public water system unless the person first submits
an application to the state board and receives a permit issued by the
state board, as specified.
This bill would authorize the state board to order consolidation
with a receiving water system where a public water system, or a state
small water system within a disadvantaged community, consistently
fails to provide an adequate supply of safe drinking water. This bill
would authorize the state board to order the extension of service to
an area that does not have access to an adequate supply of safe
drinking water so long as the extension of service is an interim
extension of service in preparation for consolidation. The bill would
require the state board, prior to ordering consolidation or
extension of service, to conduct an initial public meeting and a
public hearing and to make specified findings. The bill would limit
the liability of a consolidated water system, wholesaler, or any
other agency in the chain of distribution that delivers water to a
consolidated water system, as specified.
(2) Existing law, 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 it 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.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment. CEQA
exempts certain projects from its requirements.
This bill would, until January 1, 2017, or a specified date,
whichever is earlier, exempt from CEQA certain groundwater
replenishment projects.
This bill would, until July 1, 2017, exempt from CEQA the
development and approval of building standards by state agencies for
recycled water systems.
This bill would, with specified exceptions and until July 1, 2017,
or a specified date, whichever is later, exempt from CEQA the
adoption of an ordinance to impose stricter conditions on the
issuance of well permits or changes in the intensity of land use that
would increase demand on groundwater.
(3) The California Constitution declares that the general welfare
of the state requires that the water resources of the state be put to
beneficial use to the fullest extent of which they are capable, and
that the right to the use of water does not extend to the waste or
unreasonable use, method of use, or method of diversion of water.
Existing law requires the state board to take all appropriate
proceedings or actions to prevent waste, unreasonable use,
unreasonable method of use, or unreasonable method of diversion of
water in this state. Existing law states the intent of the
Legislature that the state take vigorous action to enforce the terms
and conditions of permits, licenses, certifications, and
registrations to appropriate water, to enforce state board orders and
decisions, and to prevent the unlawful diversion of water.
This bill would, commencing January 1, 2016, require a person who
diverts 10 acre-feet of water per year or more under a permit or
license to install and maintain a device or employ a method capable
of measuring the rate of direct diversion, rate of collection to
storage, and rate of withdrawal or release from storage, as
specified, and with certain exceptions. This bill would require the
permittee or licensee to maintain a record of all diversion
monitoring and the total amount of water diverted and submit these
records to the state board, as prescribed. This bill would require a
person who diverts water under a registration, permit, or license to
report to the state board, at least annually. This bill would
authorize the state board to adopt regulations requiring measurement
and reporting of water diversion and use by specified persons and
would require that the initial regulations be adopted as emergency
regulations and that these emergency regulations remain in effect
until revised by the state board. This bill would exempt from CEQA
the adoption of the initial regulations by the state board.
(4) Existing law authorizes a person or entity in violation of a
term or condition of a permit, license, certificate, or registration
issued by, an order adopted by, or certain emergency regulations
adopted by, the state board to be civilly liable for an amount not to
exceed $500 for each day in which the violation occurs.
This bill would expand this civil liability to any violation of
any regulation adopted by the state board.
Existing law makes this civil liability applicable only in a
critically dry year immediately preceded by 2 or more consecutive
below normal, dry, or critically dry years or during a period for
which the Governor has issued a proclamation of a state of emergency
based on drought conditions.
This bill would eliminate this requirement.
(5) Existing law, with certain exceptions, requires each person
who diverts water after December 31, 1965, to file with the state
board a statement of diversion and use, and to include specified
information. Existing law requires supplemental statements of
diversion and use to be filed at 3-year intervals prior to July 1 of
the year next succeeding the end of each interval, and requires, if
there is a change in the name or address of the person diverting
water, a supplemental statement be filed with the state board that
includes the change. Existing law provides that the making of a
material misstatement in connection with these provisions is a
misdemeanor punishable as prescribed.
This bill would require supplemental statements of diversion and
use to be filed annually prior to July 1, as provided. By expanding
the definition of a crime, this bill would impose a state-mandated
local program.
Existing law requires each statement of diversion and use, on and
after January 1, 2012, to include monthly records of water diversions
using best available technologies and best professional practices.
Existing law prohibits this requirement from being construed to
require the implementation of technologies or practices by a person
who provides to the state board documentation demonstrating that the
implementation of those practices is not locally cost effective.
This bill would require each statement to include at least monthly
records of water diversions and would eliminate the above-described
prohibition.
(6) Under existing law, emergency regulations of the state board
are not subject to review by the Office of Administrative Law if the
state board adopts findings that the emergency regulations are
adopted to prevent the waste, unreasonable use, unreasonable method
of use, or unreasonable method of diversion, of water to promote
wastewater reclamation, or to promote water conservation, and that
the emergency regulations are adopted in response to conditions which
exist, or are threatened, in a critically dry year immediately
preceded by 2 or more consecutive dry or critically dry years. Under
existing law, a person who violates an emergency regulation adopted
by the state board pursuant to these provisions or violates certain
cease and desist orders relating to the enforcement of water rights
may be liable for specified amounts. Revenues generated from these
penalties are deposited into the Water Rights Fund, which are
available, upon appropriation, for specified purposes.
This bill would require that a civil liability imposed for a
violation of an emergency conservation regulation, as defined, that
is adopted pursuant to these provisions, or a violation of a cease
and desist order of that emergency conservation regulation, be
deposited, and separately accounted for, in the Water Rights Fund.
The bill would require those funds to be available, upon
appropriation by the Legislature, for water conservation activities
and programs.
(7) Existing law authorizes any public entity, as defined, that
supplies water at retail or wholesale for the benefit of persons
within the service area or area of jurisdiction of the public entity
to, by ordinance or resolution, adopt and enforce a water
conservation program to reduce the quantity of water used for the
purpose of conserving the water supplies of the public entity.
Existing law provides that a violation of a requirement of a water
conservation program is a misdemeanor punishable by imprisonment in
the county jail for not more than 30 days, or by fine not exceeding
$1,000, or both.
This bill would provide that a court or public entity may hold a
person civilly liable in an amount not to exceed $10,000 for a
violation of a water conservation program ordinance or resolution, or
certain emergency regulations adopted by the state board. This bill
would prohibit the civil liability assessed by a court or public
entity for the first violation by a residential water user from
exceeding $1,000, except as specified. This bill would provide that
commencing on the 31st day after the public entity has notified the
person of the violation, the person additionally may be civilly
liable for an amount not to exceed $10,000 plus $500 for each
additional day on which the violation continues. This bill would
require civil liability imposed pursuant to these provisions to be
paid to the public entity and to be expended solely for the purposes
of the water conservation program. In addition to these remedies,
this bill would authorize a public entity to enforce water use
limitations by a volumetric penalty in an amount established by the
public entity.
(8) Existing law, the Water Quality, Supply, and Infrastructure
Improvement Act of 2014, approved by the voters as Proposition 1 at
the November 4, 2014, statewide general election, authorizes the
issuance of general obligation bonds in the amount of $7,545,000,000
to finance a water quality, supply, and infrastructure improvement
program. The act requires each state agency that receives an
appropriation from the funding made available by the act to
administer a competitive grant or loan program under the act's
provisions to develop and adopt project solicitation and evaluation
guidelines before disbursing the grants or loans. The act requires
the Secretary of the Natural Resources Agency to publish and post on
the Natural Resources Agency's Internet Web site a list of
expenditures pursuant to the act not less than annually, as
prescribed, and to post on that Internet Web site the guidelines
submitted by state agencies and the secretary's verification that the
guidelines are consistent with applicable statutes and the purposes
of the act.
This bill would require the secretary to post on the Natural
Resources Agency's Internet Web site information on changes to
project timelines and project spending, in order to facilitate
oversight of funding and projects.
The act requires each state agency that receives an appropriation
of funding made available by the act to be responsible for
establishing metrics of success and reporting the status of projects
and all uses of the funding on the state's bond accountability
Internet Web site.
This bill would require each state agency that receives an
appropriation of funding made available by the act to evaluate the
outcomes of projects, report this evaluation on the state's bond
accountability Internet Web site, and to hold a grantee of funds
accountable for completing projects funded by the act on time and
within scope.
(9) The bond act provides that the sum of $810,000,000 is to be
available, upon appropriation by the Legislature, for expenditures
on, and competitive grants and loans to, projects that are included
in and implemented in an adopted integrated regional water management
plan and respond to climate change and contribute to regional water
security. The bond act authorizes the use of $100,000,000 of those
funds for direct expenditures, and for grants and loans, for certain
water conservation and water use efficiency plans, projects, and
programs. Existing law establishes the CalConserve Water Use
Efficiency Revolving Fund and provides that the moneys in the fund
are available to the Department of Water Resources, upon
appropriation by the Legislature, for the purpose of water use
efficiency projects. Existing law requires moneys in the fund to be
used for purposes that include, but are not limited to, at or below
market interest rate loans to local agencies, as defined, and permits
the department to enter into agreements with local agencies that
provide water or recycled water service to provide loans.
Existing law transferred to the fund the sum of $10,000,000 of the
proceeds of these bonds for water conservation and water use
efficiency projects and programs to achieve urban water use targets.
Existing law requires the department to use $5,000,000 for a pilot
project for local agencies to provide water efficiency upgrades to
eligible residents and requires the department to use the other
$5,000,000 for local agencies to provide low-interest loans to
customers to finance the installation of onsite improvements to
repair or replace, as necessary, cracked or leaking water pipes to
conserve water.
This bill would appropriate the sum of $10,000,000 available in
the fund from the proceeds of the bond act for the purpose of these
provisions.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(11) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2015.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116680 is added to the
Health and Safety Code , to read:
116680. The Legislature finds and declares as follows:
(a) It is the policy of the state to encourage orderly growth and
development, which are essential to the social, fiscal, and economic
well-being of the state. The Legislature recognizes that the logical
formation, consolidation, and operation of water systems is an
important factor in promoting orderly development and in balancing
that development against sometimes competing state interests of
discouraging urban sprawl, preserving open space and prime
agricultural lands, and efficiently extending other government
services. Therefore, the policy of the state should be affected by
the logical formation, consolidation, and operation of water systems.
(b) The powers set forth in Section 116682 for consolidation of
water systems are consistent with the intent of promoting orderly
growth.
SEC. 2. Section 116681 is added to the
Health and Safety Code , to read:
116681. The following definitions shall apply to this section and
Sections 116682 and 116684:
(a) "Adequate supply" means sufficient water to meet residents'
health and safety needs.
(b) "Affected residence" means a residence reliant on a water
supply that is either inadequate or unsafe.
(c) "Consistently fails" means a failure to provide an adequate
supply of safe drinking water.
(d) "Consolidated water system" means the public water system
resulting from the consolidation of a public water system with
another public water system, state small water system, or affected
residences not served by a public water system.
(e) "Consolidation" means joining two or more public water
systems, state small water systems, or affected residences not served
by a public water system, into a single public water system.
(f) "Disadvantaged community" means a disadvantaged community, as
defined in Section 79505.5 of the Water Code, that is in an
unincorporated area or is served by a mutual water company.
(g) "Extension of service" means the provision of service through
any physical or operational infrastructure arrangement other than
consolidation.
(h) "Receiving water system" means the public water system that
provides service to a subsumed water system through consolidation or
extension of service.
(i) "Safe drinking water" means water that meets all primary and
secondary drinking water standards.
(j) "Subsumed water system" means the public water system, state
small water system, or affected residences not served by a public
water system consolidated into or receiving service from the
receiving water system.
SEC. 3. Section 116682 is added to the
Health and Safety Code , to read:
116682. (a) Where a public water system, or a state small water
system within a disadvantaged community, consistently fails to
provide an adequate supply of safe drinking water, the State Water
Resources Control Board may order consolidation with a receiving
water system as provided in this section and Section 116684. The
consolidation may be physical or operational. The State Water
Resources Control Board may also order the extension of service to an
area that does not have access to an adequate supply of safe
drinking water so long as the extension of service is an interim
extension of service in preparation for consolidation. The State
Water Resources Control Board may set timelines and performance
measures to facilitate completion of consolidation.
(b) Prior to ordering consolidation or extension of service as
provided in this section, the State Water Resources Control Board
shall do all of the following:
(1) Encourage voluntary consolidation or extension of service.
(2) Consider other enforcement remedies specified in this article.
(3) Consult with, and fully consider input from, the relevant
local agency formation commission regarding the provision of water
service in the affected area, the recommendations for improving
service in a municipal service review, and any other relevant
information.
(4) Consult with, and fully consider input from, the Public
Utilities Commission when the consolidation would involve a water
corporation subject to the commission's jurisdiction.
(5) Consult with, and fully consider input from, the local
government with land use planning authority over the affected area,
particularly regarding any information in the general plan required
by Section 65302.10 of the Government Code.
(6) Notify the potentially receiving water system and the
potentially subsumed water system, if any, and establish a reasonable
deadline of no less than six months, unless a shorter period is
justified, for the potentially receiving water system and the
potentially subsumed water system, if any, to negotiate consolidation
or another means of providing an adequate supply of safe drinking
water.
(A) During this period, the State Water Resources Control Board
shall provide technical assistance and work with the potentially
receiving water system and the potentially subsumed water system to
develop a financing package that benefits both the receiving water
system and the subsumed water system.
(B) Upon a showing of good cause, the deadline may be extended by
the State Water Resources Control Board at the request of the
potentially receiving water system, potentially subsumed water
system, or the local agency formation commission with jurisdiction
over the potentially subsumed water system.
(7) Obtain written consent from any domestic well owner for
consolidation or extension of service. Any affected resident within
the consolidation or extended service area who does not provide
written consent shall be ineligible, until the consent is provided,
for any future water-related grant funding from the state other than
funding to mitigate a well failure, disaster, or other emergency.
(8) Hold at least one public meeting at the initiation of this
process in a place as close as feasible to the affected areas. The
State Water Resources Control Board shall make reasonable efforts to
provide a 30-day notice of the meeting to the ratepayers, renters,
and property owners to receive water service through service
extension or in the area of the subsumed water system and all
affected local government agencies and drinking water service
providers. The meeting shall provide representatives of the
potentially subsumed water system, affected ratepayers, renters,
property owners, and the potentially receiving water system an
opportunity to present testimony. The meeting shall provide an
opportunity for public comment.
(c) Upon expiration of the deadline set by the State Water
Resources Control Board pursuant to paragraph (6) of subdivision (b),
the State Water Resources Control Board shall do the following:
(1) Consult with the potentially receiving water system and the
potentially subsumed water system, if any.
(2) Conduct a public hearing, in a location as close as feasible
to the affected communities.
(A) The State Water Resources Control Board shall make reasonable
efforts to provide a 30-day notice of the hearing to the ratepayers,
renters, and property owners to receive water service through service
extension or in the area of the subsumed water system and to all
affected local government agencies and drinking water service
providers.
(B) The hearing shall provide representatives of the potentially
subsumed water system, affected ratepayers, renters, property owners,
and the potentially receiving water system an opportunity to present
testimony.
(C) The hearing shall provide an opportunity for public comment.
(d) Prior to ordering consolidation or extension of service, the
State Water Resources Control Board shall find all of the following:
(1) The potentially subsumed water system has consistently failed
to provide an adequate supply of safe drinking water.
(2) All reasonable efforts to negotiate consolidation or extension
of service were made.
(3) Consolidation of the receiving water system and subsumed water
system or extension of service is appropriate and technically and
economically feasible.
(4) There is no pending local agency formation commission process
that is likely to resolve the problem in a reasonable amount of time.
(5) Concerns regarding water rights and water contracts of the
subsumed and receiving water systems have been adequately addressed.
(6) Consolidation or extension of service is the most effective
and cost-effective means to provide an adequate supply of safe
drinking water.
(7) The capacity of the proposed interconnection needed to
accomplish the consolidation is limited to serving the current
customers of the subsumed water system.
(e) Upon ordering consolidation or extension of service, the State
Water Resources Control Board shall do all of the following:
(1) As necessary and appropriate, make funds available, upon
appropriation by the Legislature, to the receiving water system for
the costs of completing the consolidation or extension of service,
including, but not limited to, replacing any capacity lost as a
result of the consolidation or extension of service, providing
additional capacity needed as a result of the consolidation or
extension of service, and legal fees. Funding pursuant to this
paragraph is available for the general purpose of providing financial
assistance for the infrastructure needed for the consolidation or
extension of service and does not need to be specific to each
individual consolidation project. The State Water Resources Control
Board shall provide appropriate financial assistance for the
infrastructure needed for the consolidation or extension of service.
The State Water Resources Control Board's existing financial
assistance guidelines and policies shall be the basis for the
financial assistance.
(2) Ensure payment of standard local agency formation commission
fees caused by State Water Resources Control Board-ordered
consolidation or extension of service.
(3) Adequately compensate the owners of a privately owned subsumed
water system for the fair market value of the system as determined
by the Public Utilities Commission for water corporations subject to
the commission's jurisdiction or the State Water Resources Control
Board for all other water systems.
(4) Coordinate with the appropriate local agency formation
commission and other relevant local agencies to facilitate the change
of organization or reorganization.
(f) For the purposes of this section, the consolidated water
system shall not increase charges on existing customers of the
receiving water system solely as a consequence of the consolidation
or extension of service unless the customers receive a corresponding
benefit.
(g) Division 3 (commencing with Section 56000) of Title 5 of the
Government Code shall not apply to the consolidation or extension of
service required pursuant to this section.
SEC. 4. Section 116684 is added to the
Health and Safety Code , to read:
116684. (a) Liability of a consolidated water system, wholesaler,
or any other agency in the chain of distribution that delivers water
to a consolidated water system shall be limited as described in this
section.
(b) (1) The consolidated water system, wholesaler, or any other
agency in the chain of distribution that delivers water to a
consolidated water system, shall not be held liable for claims by
past or existing customers or those who consumed water provided
through the subsumed water system concerning the operation and supply
of water from the subsumed water system during the interim operation
period specified in subdivision (d) for any good faith, reasonable
effort using ordinary care to assume possession of, to operate, or to
supply water to the subsumed water system.
(2) The consolidated water system, wholesaler, or any other agency
in the chain of distribution that delivers water to a consolidated
water system, shall not be held liable for claims by past or existing
customers or by those who consumed water provided through the
subsumed water system for any injury that occurred prior to the
commencement of the interim operation period specified in subdivision
(d).
(c) (1) The consolidated water system, wholesaler, or any other
agency in the chain of distribution that delivers water to a
consolidated water system, shall not be held liable for claims by
past or existing customers or by those who consumed water provided
through the subsumed water system concerning the provision of
supplemental imported water supplies to the subsumed water system
during the interim operation period specified in subdivision (d) for
any good faith, reasonable effort using ordinary care to supply water
to the subsumed water system.
(2) The consolidated water system, wholesaler, or any other agency
in the chain of distribution that delivers water to a consolidated
water system, shall not be held liable for claims by past or existing
customers or by those who consumed water provided through the
subsumed water system concerning the operation and supply of water
from the subsumed water system for any injury that occurred prior to
the commencement of the interim operation period specified in
subdivision (d).
(3) This subdivision shall only apply if the water supplied by the
consolidated water system through a temporary potable service
pipeline to the subsumed water system meets or exceeds federal and
state drinking water quality standards.
(d) (1) The interim operation period shall commence upon the
connection of a temporary potable service pipeline by the
consolidated water system to the subsumed water system, or upon the
execution of an agreement between the consolidated water system,
subsumed water system, and any other signatories to provide service
to the customers of the subsumed water system, whichever occurs
first.
(2) (A) Except as provided in subparagraph (B), the interim
operation period shall last until permanent replacement facilities
are accepted by the consolidated water system with the concurrence of
the State Water Resources Control Board and the facilities and water
supply meet drinking water and water quality standards.
(B) Upon the showing of good cause, the interim operation period
shall be extended by the State Water Resources Control Board for up
to three successive one-year periods at the request of the
consolidated water system.
(3) The acceptance date of permanent replacement facilities shall
be publicly noticed by the consolidated water system.
(e) Subdivision (b) shall only apply if the consolidated water
system provides water to the subsumed water system in accordance with
all of the following conditions:
(1) Water provided by the consolidated water system through a
temporary potable service pipeline to the subsumed water system shall
meet or exceed federal and state drinking water quality standards.
(2) Reasonable water system flow and pressure through a temporary
potable service pipeline shall be maintained during the interim
operation period based upon the condition and integrity of the
existing subsumed water system, and any disruptions to water delivery
resulting from construction-related activities associated with the
installation of permanent replacement facilities shall be minimal.
(3) The consolidated water system shall notify fire officials
serving the subsumed water system service area of the condition and
firefighting support capabilities of the subsumed water system and
planned improvements with the installation of permanent replacement
facilities thereto. The consolidated water system shall maintain or
improve the condition and firefighting support capabilities of the
subsumed water system during the interim operation period.
(4) Customers of the subsumed water system shall receive written
notice upon any change in possession, control, or operation of the
water system.
(f) Nothing in this section shall be construed to do any of the
following:
(1) Relieve any water district, water wholesaler, or any other
entity from complying with any provision of federal or state law
pertaining to drinking water quality.
(2) Impair any cause of action by the Attorney General, a district
attorney, a city attorney, or any other public prosecutor, or impair
any other action or proceeding brought by or on behalf of a
regulatory agency.
(3) Impair any claim alleging the taking of property without
compensation within the meaning of either the Fifth Amendment to the
United States Constitution or Section 19 of Article I of the
California Constitution.
SEC. 5. The Legislature finds and declares all of
the following:
(a) Section 7 of Article XI of the California Constitution
authorizes a county or city to "make and enforce within its limits
all local, police, sanitary, and other ordinances and regulations not
in conflict with general laws."
(b) The California Supreme Court has held that local regulations
affecting economic interests in property are within local governments'
police power (Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129,
158).
(c) Counties may reasonably regulate land use under their police
powers (Associated Home Builders etc., Inc., v. City of Livermore
(1976) 18 Cal.3d 582).
(d) Counties may regulate groundwater, including well permitting,
under their police powers (Baldwin v. County of Tehama (1994) 31
Cal.App.4th 166, 175-76), and numerous counties have exercised this
authority through ordinances.
(e) The Legislature enacted the Sustainable Groundwater Management
Act (Part 2.74 (commencing with Section 10720) of Division 6 of the
Water Code) to ensure that local agencies manage their high- and
medium-priority groundwater basins sustainably. That act does not
require the adoption of local groundwater sustainability plans until
2020 or 2022. Under the act, counties retain their authority to issue
well permits.
(f) As local agencies are transitioning to the implementation of
the Sustainable Groundwater Management Act, unregulated well
permitting in stressed high- and medium-priority groundwater basins
during the ongoing drought emergency is causing risks to the health,
safety, and well-being of citizens.
SEC. 6. Section 21080.08 is added to the
Public Resources Code , to read:
21080.08. (a) This division does not apply to a project that
satisfies both of the following:
(1) The project is approved or carried out by a public agency for
the purpose of mitigating drought conditions for which a state of
emergency was proclaimed by the Governor on January 17, 2014,
pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of
Title 2 of the Government Code.
(2) The project consists of construction or expansion of recycled
water pipeline and directly related infrastructure within existing
rights of way, and directly related groundwater replenishment, if the
project does not affect wetlands or sensitive habitat, and where the
construction impacts are fully mitigated consistent with applicable
law.
(b) This section shall remain operative until the state of
emergency due to drought conditions declared by the Governor in the
proclamation issued on January 17, 2014, has expired or until January
1, 2017, whichever occurs first, and as of January 1, 2017, is
repealed unless a subsequent statute amends or repeals that date.
SEC. 7. Section 21080.45 is added to the
Public Resources Code , to read:
21080.45. (a) This division does not apply to the development and
approval of building standards by state agencies for recycled water
systems.
(b) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 21080.46 is added to the
Public Resources Code , to read:
21080.46. (a) Without limiting any other statutory exemption or
categorical exemption, this division does not apply to the adoption
of an ordinance by a city, county, or city and county to limit or
prohibit the drilling of new or deeper groundwater wells, or to limit
or prohibit increased extractions from existing groundwater wells,
through stricter conditions on the issuance of well permits or
changes in the intensity of land use that would increase demand on
groundwater.
(b) (1) This section shall remain operative until July 1, 2017, or
so long as the state of emergency due to drought conditions declared
by the Governor in the proclamation of a state of emergency issued
on January 17, 2014, remains in effect, whichever is later.
(2) This section is repealed on January 1 of the year following
the date on which this section becomes inoperative.
(c) Notwithstanding subdivision (a) or (b), this section does not
apply to either of the following:
(1) The issuance of any permit for a new or deeper groundwater
well by a city, county, or city and county.
(2) The adoption of any ordinance affecting or relating to new
residential, commercial, institutional, or industrial projects or any
mix of these uses, or any change in the intensity or use of land for
these purposes, if that project or change in use requires approval
by a city, county, or city and county. Nor does this section apply to
the adoption of any ordinance that would limit or prohibit new or
deeper groundwater wells, or increased extraction from existing
groundwater wells, that may be needed to serve these projects.
SEC. 9. Section 375 of the Water Code
is amended to read:
375. (a) Notwithstanding any other provision of the
law, any public entity which that
supplies water at retail or wholesale for the benefit of
persons within the service area or area of jurisdiction of the public
entity may, by ordinance or resolution adopted by a majority of the
members of the governing body after holding a public hearing upon
notice and making appropriate findings of necessity for the adoption
of a water conservation program, adopt and enforce a water
conservation program to reduce the quantity of water used by those
persons for the purpose of conserving the water supplies of the
public entity.
(b) With regard to water delivered for other than agricultural
uses, the ordinance or resolution may specifically require the
installation of water-saving devices which
that are designed to reduce water consumption. The ordinance or
resolution may also encourage water conservation through rate
structure design.
(c) For the purposes of this section,
chapter, "public entity" means a city, whether general law or
chartered, county, city and county, special district, agency,
authority, any other municipal public corporation or district, or any
other political subdivision of the state.
(d) For the purposes of this section and subdivisions (b) and (c)
of Section 377, "person" means any person, firm, association,
organization, partnership, business, trust, corporation, company, or
public agency, including any city, county, city and county, district,
joint powers authority, or any agency or department of a public
agency.
SEC. 10. Section 375.5 of the Water
Code is amended to read:
375.5. (a) A public entity, as defined by Section 375,
entity may undertake water conservation and
public education programs in conjunction with school districts,
public libraries, or any other public entity.
(b) (1) A public entity may undertake water conservation and
public education programs using an information booklet or materials
for use in connection with the use or transfer of real estate
containing up to four residential units. For the purposes of this
subdivision, the public entity may use water conservation materials
prepared by the department.
(2) It is the intent of the Legislature that on or before December
31, 2007, a review of the program be conducted to obtain information
on both of the following matters:
(A) The extent to which public entities have undertaken water
conservation and public education programs referred to in paragraph
(1).
(B) The extent to which water conservation may be attributable to
the implementation of water conservation and public education
programs referred to in paragraph (1).
(c) A public entity may take into account any programs undertaken
pursuant to this section in a rate structure design implemented
pursuant to Section 375.
(d) The Legislature finds and declares that a program undertaken
pursuant to this section is in the public interest, serves a public
purpose, and will promote the health, welfare, and safety of the
people of the state.
SEC. 11. Section 377 of the Water Code
is amended to read:
377. (a) From and after the publication or
posting of any ordinance or resolution pursuant to Section 376,
violation of a requirement of a water conservation program adopted
pursuant to Section 376 is a misdemeanor. Upon conviction
thereof such person A person convicted under this
subdivision shall be punished by imprisonment in the county
jail for not more than 30 days, or by fine not exceeding one thousand
dollars ($1,000), or by both.
(b) A court or public entity may hold a person civilly liable in
an amount not to exceed ten thousand dollars ($10,000) for a
violation of any of the following:
(1) An ordinance or resolution adopted pursuant to Section 376.
(2) An emergency regulation adopted by the board under Section
1058.5, unless the board regulation provides that it cannot be
enforced under this section.
(c) Commencing on the 31st day after the public entity notified a
person of a violation described in subdivision (b), the person
additionally may be civilly liable in an amount not to exceed ten
thousand dollars ($10,000) plus five hundred dollars ($500) for each
additional day on which the violation continues.
(d) Remedies prescribed in this section are cumulative and not
alternative, except that no liability shall be recoverable under this
section for any violation of paragraph (2) of subdivision (b) if the
board has filed a complaint pursuant to Section 1846 alleging the
same violation.
(e) A public entity may administratively impose the civil
liability described in subdivisions (b) and (c) after providing
notice and an opportunity for a hearing. The public entity shall
initiate a proceeding under this subdivision by a complaint issued
pursuant to Section 377.5. The public entity shall issue the
complaint at least 30 days before the hearing on the complaint and
the complaint shall state the basis for the proposed civil liability
order.
(f) (1) In determining the amount of civil liability to assess, a
court or public entity shall take into consideration all relevant
circumstances, including, but not limited to, the nature and
persistence of the violation, the extent of the harm caused by the
violation, the length of time over which the violation occurs, and
any corrective action taken by the violator.
(2) The civil liability calculated pursuant to paragraph (1) for
the first violation of subdivision (b) by a residential water user
shall not exceed one thousand dollars ($1,000) except in
extraordinary situations where the court or public entity finds all
of the following:
(A) The residential user had actual notice of the requirement
found to be violated.
(B) The conduct was intentional.
(C) The amount of water involved was substantial.
(g) Civil liability imposed pursuant to this section shall be paid
to the public entity and expended solely for the purposes of this
chapter.
(h) An order setting administrative civil liability shall become
effective and final upon issuance of the order and payment shall be
made. Judicial review of any final order shall be pursuant to Section
1094.5 of the Code of Civil Procedure.
(i) In addition to the remedies prescribed in this section, a
public entity may enforce water use limitations established by an
ordinance or resolution adopted pursuant to this chapter, or as
otherwise authorized by law, by a volumetric penalty in an amount
established by the public entity.
SEC. 12. Section 377.5 is added to the
Water Code , to read:
377.5. (a) A complaint or citation under subdivision (b) of
Section 377 or subdivision (d) of Section 1058.5 may be issued by any
of the following:
(1) A code enforcement officer, as defined in Section 829.5 of the
Penal Code.
(2) A designee of the chief executive officer of a public entity
authorized to adopt an ordinance or resolution under Section 375.
(3) A designee of the chief executive officer of a city, county,
or city and county.
(b) For purposes of this section, the term "chief executive
officer" includes a city manager, general manager, or other employee
of the public entity who is the highest ranking officer or employee,
other than a member of a multimember governing body, with
responsibility for the operations of the public entity.
SEC. 13. Section 1058.5 of the Water
Code is amended to read:
1058.5. (a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
(1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion, of water, to promote water recycling or water
conservation, to require curtailment of diversions when water is not
available under the diverter's priority of right, or in furtherance
of any of the foregoing, to require reporting of diversion or use or
the preparation of monitoring reports.
(2) The emergency regulation is adopted in response to conditions
which exist, or are threatened, in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or during a period for which the Governor has issued a
proclamation of a state of emergency under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code) based on drought conditions.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, any findings of emergency adopted by the board, in connection
with the adoption of an emergency regulation under this section, are
not subject to review by the Office of Administrative Law.
(c) An emergency regulation adopted by the board under this
section may remain in effect for up to 270 days, as determined by the
board, and is deemed repealed immediately upon a finding by the
board that due to changed conditions it is no longer necessary for
the regulation to remain in effect. An emergency regulation adopted
by the board under this section may be renewed if the board
determines that the conditions specified in paragraph (2) of
subdivision (a) are still in effect.
(d) In addition to any other applicable civil or criminal
penalties, any person or entity who violates a regulation adopted by
the board pursuant to this section is guilty of an infraction
punishable by a fine of up to five hundred dollars ($500) for each
day in which the violation occurs.
(e) (1) Notwithstanding subdivision (b) of Section 1551,
subdivision (d) of Section 1845, and subdivision (f) of Section 1846,
a civil liability imposed under Chapter 12 (commencing with Section
1825) of Part 2 of Division 2 by the board or a court for a violation
of an emergency conservation regulation adopted pursuant to this
section shall be deposited, and separately accounted for, in the
Water Rights Fund. Funds deposited in accordance with this
subdivision shall be available, upon appropriation, for water
conservation activities and programs.
(2) For purposes of this subdivision, an "emergency conservation
regulation" means an emergency regulation that requires an end user
of water, a water retailer, or a water wholesaler to conserve water
or report to the board on water conservation. Water conservation
includes restrictions or limitations on particular uses of water or a
reduction in the amount of water used or served, but does not
include curtailment of diversions when water is not available under
the diverter's priority of right or reporting requirements related to
curtailments.
SEC. 14. Section 1552 of the Water Code
is amended to read:
1552. The money Except as provided in
subdivision (e) of Section 1058.5, moneys in the Water Rights
Fund is are available for expenditure,
upon appropriation by the Legislature, for the following purposes:
(a) For expenditure by the State Board of Equalization in the
administration of this chapter and the Fee Collection Procedures Law
(Part 30 (commencing with Section 55001) of Division 2 of the Revenue
and Taxation Code) in connection with any fee or expense subject to
this chapter.
(b) For the payment of refunds, pursuant to Part 30 (commencing
with Section 55001) of Division 2 of the Revenue and Taxation Code,
of fees or expenses collected pursuant to this chapter.
(c) For expenditure by the board for the purposes of carrying out
this division, Division 1 (commencing with Section 100), Part 2
(commencing with Section 10500) and Chapter 11 (commencing with
Section 10735) of Part 2.74 of Division 6, and Article 7 (commencing
with Section 13550) of Chapter 7 of Division 7.
(d) For expenditures by the board for the purposes of carrying out
Sections 13160 and 13160.1 in connection with activities involving
hydroelectric power projects subject to licensing by the Federal
Energy Regulatory Commission.
(e) For expenditures by the board for the purposes of carrying out
Sections 13140 and 13170 in connection with plans and policies that
address the diversion or use of water.
SEC. 15. Article 3 (commencing with Section 1840)
is added to Chapter 12 of Part 2 of Division 2 of the
Water Code , to read:
Article 3. Monitoring and Reporting
1840. (a) (1) Except as provided in subdivision (b), a person
who, on or after January 1, 2016, diverts 10 acre-feet of water per
year or more under a permit or license shall install and maintain a
device or employ a method capable of measuring the rate of direct
diversion, rate of collection to storage, and rate of withdrawal or
release from storage. The measurements shall be made using the best
available technologies and best professional practices, as defined in
Section 5100, using a device or methods satisfactory to the board,
as follows:
(A) A device shall be capable of continuous monitoring of the rate
and quantity of water diverted and shall be properly maintained. The
permittee or licensee shall provide the board with evidence that the
device has been installed with the first report submitted after
installation of the device. The permittee or licensee shall provide
the board with evidence demonstrating that the device is functioning
properly as part of the reports submitted at five-year intervals
after the report documenting installation of the device, or upon
request of the board.
(B) In developing regulations pursuant to Section 1841, the board
shall consider devices and methods that provide accurate measurement
of the total amount diverted and the rate of diversion. The board
shall consider devices and methods that provide accurate measurements
within an acceptable range of error, including the following:
(i) Electricity records dedicated to a pump and recent pump test.
(ii) Staff gage calibrated with an acceptable streamflow rating
curve.
(iii) Staff gage calibrated for a flume or weir.
(iv) Staff gage calibrated with an acceptable storage capacity
curve.
(v) Pressure transducer and acceptable storage capacity curve.
(2) The permittee or licensee shall maintain a record of all
diversion monitoring that includes the date, time, and diversion rate
at time intervals of one hour or less, and the total amount of water
diverted. These records shall be included with reports submitted
under the permit or license, as required under subdivision (c), or
upon request of the board.
(b) (1) The board may modify the requirements of subdivision (a)
upon finding either of the following:
(A) That strict compliance is infeasible, is unreasonably
expensive, would unreasonably affect public trust uses, or would
result in the waste or unreasonable use of water.
(B) That the need for monitoring and reporting is adequately
addressed by other conditions of the permit or license.
(2) The board may increase the 10-acre-foot reporting threshold of
subdivision (a) in a watershed or subwatershed, after considering
the diversion reporting threshold in relation to quantity of water
within the watershed or subwatershed. The board may increase the
10-acre-foot reporting threshold to 25 acre-feet or above if it finds
that the benefits of the additional information within the watershed
or subwatershed are substantially outweighed by the cost of
installing measuring devices or employing methods for measurement for
diversions at the 10-acre-foot threshold.
(c) At least annually, a person who diverts water under a
registration, permit, or license shall report to the board the
following information:
(1) The quantity of water diverted by month.
(2) The maximum rate of diversion by months in the preceding
calendar year.
(3) The information required by subdivision (a), if applicable.
(d) Compliance with the applicable requirements of this section is
a condition of every registration, permit, or license.
1841. (a) The board may adopt regulations requiring measurement
and reporting of water diversion and use by either of the following:
(1) Persons authorized to appropriate water under a permit,
license, registration for small domestic, small irrigation, or
livestock stockpond use, or certification for livestock stockpond
use.
(2) Persons required to comply with measurement and reporting
regulations pursuant to subparagraph (B) of paragraph (1) of
subdivision (e) of Section 5103.
(b) The initial regulations that the board adopts pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The adoption of the initial
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, any emergency regulations adopted
under this section shall remain in effect until revised by the board.
(c) The adoption of the initial regulations pursuant to this
article is exempt from Division 13 (commencing with Section 21000) of
the Public Resources Code.
SEC. 16. Section 1846 of the Water Code
is amended to read:
1846. (a) A person or entity may be liable for a violation of any
of the following in an amount not to exceed five hundred dollars
($500) for each day in which the violation occurs:
(1) A term or condition of a permit, license, certificate, or
registration issued under this division.
(2) A regulation adopted by the board under Section
1058.5 or an order adopted by the board.
(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.
(d) In determining the appropriate amount of civil liability, the
court, pursuant to subdivision (b), or the board, pursuant to
subdivision (c), may take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.
(e) No liability shall be recoverable under this section for any
violation for which liability is recovered under Section 1052.
(f) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
(g) This section applies only in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or during a period for which the Governor has issued a
proclamation of a state of emergency under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code) based on drought conditions.
SEC. 17. Section 5103 of the Water Code
is amended to read:
5103. Each statement shall be prepared on a form provided by the
board. The statement shall include all of the following information:
(a) The name and address of the person who diverted water and of
the person filing the statement.
(b) The name of the stream or other source from which water was
diverted, and the name of the next major stream or other body of
water to which the source is tributary.
(c) The place of diversion. The location of the diversion works
shall be depicted on a specific United States Geological Survey
topographic map, or shall be identified using the California
Coordinate System, or latitude and longitude measurements. If
assigned, the public land description to the nearest 40-acre
subdivision and the assessor's parcel number shall also be provided.
(d) The capacity of the diversion works and of the storage
reservoir, if any, and the months in which water was used during the
preceding calendar year.
(e) (1) On and after January 1, 2012, monthly
(A) At least monthly records of
water diversions. The measurements of the diversion shall be made
using best available technologies and best professional
practices. Nothing in this paragraph shall be construed to require
the implementation of technologies or practices by a person who
provides to the board documentation demonstrating that the
implementation of those practices is not locally cost effective.
in accordance with Section 1840.
(B) (i) On and after July 1, 2016, the measurement of a diversion
of 10 acre-feet or more per year shall comply with regulations
adopted by the board pursuant to Article 3 (commencing with Section
1840) of Chapter 12 of Part 2.
(ii) The requirement of clause (i) is extended to January 1, 2017,
for any statement filer that enters into a voluntary agreement that
is acceptable to the board to reduce the statement filer's diversions
during the 2015 irrigation season.
(2) (A) The terms of, and eligibility for, any grant or loan
awarded or administered by the department, the board, or the
California Bay-Delta Authority on behalf of a person that is subject
to paragraph (1) shall be conditioned on compliance with that
paragraph.
(B) Notwithstanding subparagraph (A), the board may determine that
a person is eligible for a grant or loan even though the person is
not complying with paragraph (1), if both of the following apply:
(i) The board determines that the grant or loan will assist the
grantee or loan recipient in complying with paragraph (1).
(ii) The person has submitted to the board a one-year schedule for
complying with paragraph (1).
(C) It is the intent of the Legislature that the requirements of
this subdivision shall complement and not affect the scope of
authority granted to the board by provisions of law other than this
article.
(f) The purpose of use.
(g) A general description of the area in which the water was used.
The location of the place of use shall be depicted on a specific
United States Geological Survey topographic map and on any other maps
with identifiable landmarks. If assigned, the public land
description to the nearest 40-acre subdivision and the assessor's
parcel number shall also be provided.
(h) The year in which the diversion was commenced as near as is
known.
SEC. 18. Section 5104 of the Water Code
is amended to read:
5104. (a) Supplemental statements shall be filed at
three-year intervals, prior to annually, before
July 1 of year next succeeding the end of each three-year
interval. each year. They shall contain the
quantity of water diverted and the rate of diversion by months in
each of the preceding three
calendar years year and any change in
the other information contained in the preceding statement.
(b) If there is a change in the name or address of the person
diverting the water, a supplemental statement shall be filed with the
board that includes the change in name or address.
(c) A supplemental statement filed prior to July 1, 2016, shall
include data satisfying the requirements of subdivision (a) for any
diversion of water in the 2012, 2013, and 2014 calendar years, that
was not reported in a supplemental statement submitted prior to July
1, 2015.
(d) This section does not limit the authority of the board to
require additional information or more frequent reporting under any
other law.
SEC. 19. Section 79708.5 is added to the
Water Code , to read:
79708.5. In addition to the information required pursuant to
Section 79708, in order to facilitate oversight of funding and
projects, the secretary shall post on the Natural Resources Agency's
Internet Web site information on changes to project timelines and
project spending.
SEC. 20. Section 79716.5 is added to the
Water Code , to read:
79716.5. Each state agency that receives an appropriation of
funding made available by this division shall do the following:
(a) Evaluate the outcomes of projects funded by this division.
(b) Include in the agency's reporting pursuant to Section 79716
the evaluation described in subdivision (a).
(c) Hold a grantee of funds accountable for completing projects
funded by this division on time and within scope.
SEC. 21. The sum of ten million dollars
($10,000,000) available in the CalConserve Water Use Efficiency
Revolving Fund from the proceeds of bonds issued pursuant to Division
26.7 (commencing with Section 79700) of the Water Code, is hereby
appropriated for the purpose of Section 81023 of the Water Code.
SEC. 22. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 23. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2015.
