Bill Text: CA AB1272 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1272

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: State Water Resources Control Board: drought planning.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled) 2024-07-01 - In Assembly. Ordered to Engrossing and Enrolling. [AB1272 Detail]

Download: California-2023-AB1272-Amended.html

Amended IN Senate June 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1272

Introduced by Assembly Member Wood

February 16, 2023

An act to amend Sections 1831 and 1846 of, and to add Section 13150 to, the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

AB 1272, as amended, Wood. State Water Resources Control Board: drought planning.

(1) Existing law establishes ~~within the Natural Resources Agency~~ the State Water Resources Control Board and the California regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control.

The bill would require the state ~~board to establish a program,~~ board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines ~~provide~~ allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose.

(2) Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. 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 regulations adopted by, the state board to be held civilly liable for an amount not to exceed $500 for each day that the violation occurs.

This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable limitation or requirement adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage. The bill would authorize a person who violates a principle, guideline, or requirement adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage to be held liable in an amount not to exceed the sum of $500 for each day that the violation occurs.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Droughts and extreme weather events in California are becoming more frequent and more severe.

(b) The rapidly changing climate threatens the health of California’s rivers and streams that provide water for the state’s farms and communities, as well as for fish and wildlife.

(c) In 2013, California established a Human Right to Water in Assembly Bill 685 (Chapter 524 of the Statutes of 2012), which declares that every person in the state has a right to clean, safe, affordable, and accessible drinking water.

(d) California’s coastal watersheds are especially susceptible to the extreme, dry conditions that are common under the current climate regime, but are also amenable to certain solutions, since annual rainfall exceeds demand in many of these watersheds.

SEC. 2.

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.

(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.

(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.

(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:

(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.

(2) Any term or condition of a permit, license, certification, or registration issued under this division.

(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.

(4) A regulation adopted under Section 1058.5.

(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.

(6) Any diversion or use of water for cannabis ~~cultivation~~ cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:

(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.

(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.

(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.

(7) An applicable limitation or requirement established by the board pursuant to Section 13150.

(e) This article does not alter the regulatory authority of the board under other provisions of law.

SEC. 3.

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 or order adopted by the board.

(3) A principle, guideline, or requirement established by the board pursuant to Section 13150.

(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.

SEC. 4.

Section 13150 is added to the Water Code, to read:

13150.

(a) (1) The state board ~~shall establish a program,~~ shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall ~~provide~~ allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.

(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:

(i) Drain to the Pacific Ocean.

(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.

(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).

(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:

(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.

(ii) Diversions located on any mainstem river or stream downstream of reservoirs from which scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency.

(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.

(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.

(2) ~~The~~ When developing principles and guidelines ~~adopted~~ pursuant to this ~~section shall~~ section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.

(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.

(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, ~~the Department of Fish and Wildlife,~~ the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.

(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.

(d) This section does not alter the regulatory authority of the state board under any other law.