Bill Text: CA SB756 | 2023-2024 | Regular Session | Amended
Bill Title: Water: inspection: administrative procedure: notice: service.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-09-01 - Chaptered by Secretary of State. Chapter 158, Statutes of 2023. [SB756 Detail]
Download: California-2023-SB756-Amended.html
Amended
IN
Senate
April 20, 2023 |
Introduced by Senator Laird |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1051.1 is added to the Water Code, to read:1051.1.
(a) In conducting an investigation or proceeding specified in Section 275 or 1051, or in Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, the board may inspect the property or facilities of any person or entity to ascertain whether the purposes of Section 100 and this division are being met or to ascertain compliance with any permit, license, certification, registration, decision, order, or regulation issued under Section 275, this division, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7.(c)Notwithstanding subdivision (b), in conducting an investigation into an unlicensed cannabis cultivation site, the board may obtain an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure without seeking prior consent of the owner or possessor of the property and without being subject to the requirements of Section 1822.56 of the Code of Civil Procedure.
(d)
SEC. 2.
Section 1055 of the Water Code is amended to read:1055.
(a) The executive director of the board may issue a complaint to any person or entity on which administrative civil liability may be imposed pursuant to Section 1052, Article 4 (commencing with Section 1845) of Chapter 12 of Part 2 of Division 2, or Section 5107. The complaint shall allege the act or failure to act that constitutes a trespass or violation, the provision of law authorizing civil liability to be imposed, and the proposed civil liability.SEC. 3.
Section 1121 of the Water Code is amended to read:1121.
The board shall serve a copy of a decision or order on the parties by personal delivery, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt. For purposes of this section, “physical delivery that provides a receipt” includes electronic confirmation of delivery to the intended address.SEC. 4.
Section 1834 of the Water Code is amended to read:1834.
(a) In the event that a violation of a requirement described in subdivision (d) of Section 1831 is occurring or threatening to occur, the board shall give notice by personal notice, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt pursuant to which the party shall be informed that they may request a hearing not later than 20 days from the date on which the notice is received. The notice shall contain a statement of facts and information that would tend to show the proscribed action, and notification of the requirements of subdivision (b). For purposes of this subdivision, “physical delivery that provides a receipt” includes electronic confirmation of delivery to the intended address.SEC. 5.
Section 13267 of the Water Code is amended to read:13267.
(a) A regional board, in establishing or reviewing any water quality control plan or waste discharge requirements, or in connection with any action relating to any plan or requirement authorized by this division, may investigate the quality of any waters of the state within its region.(d)Notwithstanding
subdivision (c), in conducting an investigation into an unlicensed cannabis cultivation site, the regional board may obtain a warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure without seeking prior consent of the owner or possessor of the property and without being subject to the requirements of Section 1822.56 of the Code of Civil Procedure.
(e)
(f)
(g)
(h)