Bill Text: CA SB814 | 2015-2016 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Drought: excessive water use: urban retail water suppliers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-08-29 - Chaptered by Secretary of State. Chapter 230, Statutes of 2016. [SB814 Detail]

Download: California-2015-SB814-Enrolled.html
BILL NUMBER: SB 814	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 11, 2016
	PASSED THE ASSEMBLY  AUGUST 4, 2016
	AMENDED IN ASSEMBLY  JUNE 21, 2016
	AMENDED IN ASSEMBLY  JUNE 6, 2016
	AMENDED IN SENATE  MARCH 30, 2016
	AMENDED IN SENATE  MARCH 17, 2016

INTRODUCED BY   Senator Hill

                        JANUARY 4, 2016

   An act to add Chapter 3.3 (commencing with Section 365) to
Division 1 of the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 814, Hill. Drought: excessive water use: urban retail water
suppliers.
   The California Constitution declares the policy that the water
resources of the state be put to beneficial use to the fullest extent
of which they are capable, that the waste or unreasonable use or
unreasonable method of use of water be prevented, and that the
conservation of such waters is to be exercised with a view to the
reasonable and beneficial use of the waters in the interest of the
people and for the public welfare. Existing law requires the
Department of Water Resources and the State Water Resources Control
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 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 a county jail for not more than 30
days, or by a fine not exceeding $1,000, or both.
   This bill would declare that during prescribed periods excessive
water use by a residential customer in a single-family residence or
by a customer in a multiunit housing complex, as specified, is
prohibited. This bill, during prescribed periods, would require each
urban retail water supplier to establish a method to identify and
discourage excessive water use. This bill would authorize as a method
to identify and discourage excessive water use the establishment of
a rate structure that includes block tiers, water budgets, or rate
surcharges over and above base rates for excessive water use by
residential customers. This bill would authorize as a method to
identify and discourage excessive water use the establishment of an
excessive water use ordinance, rule, or tariff condition that
includes a definition of or procedure to identify and address
excessive water use, as prescribed, and would make a violation of
this excessive water use ordinance, rule, or tariff condition an
infraction or administrative civil penalty and would authorize the
penalty for a violation to be based on conditions identified by the
urban retail water supplier. By creating a new infraction, this bill
would impose a state-mandated local program.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 3.3 (commencing with Section 365) is added to
Division 1 of the Water Code, to read:
      CHAPTER 3.3.  EXCESSIVE RESIDENTIAL WATER USE DURING DROUGHT


   365.  (a) The Legislature finds and declares that this chapter
furthers important state policies of encouraging water conservation
and protecting water resources in the interest of the people and for
the public welfare.
   (b) For the purposes of this chapter, "urban retail water supplier"
has the same meaning as provided in Section 10608.12.
   366.  (a) During periods described in subdivision (a) of Section
367, excessive water use is prohibited by a residential customer in a
single-family residence or by a customer in a multiunit housing
complex in which each unit is individually metered or submetered by
the urban retail water supplier.
   (b) Each urban retail water supplier shall establish a method to
identify and discourage excessive water use, through one of the
following options:
   (1) Establishing a rate structure, subject to applicable
constitutional and statutory limitations, that includes block tiers,
water budgets, or rate surcharges over and above base rates for
excessive water use by a residential water customer.
   (2) (A) Establishing an excessive water use ordinance, rule, or
tariff condition, or amending an existing ordinance, rule, or tariff
condition, that includes a definition of or a procedure to identify
and address excessive water use by metered single-family residential
customers and customers in multiunit housing complexes in which each
unit is individually metered or submetered and may include a process
to issue written warnings to a customer and perform a site audit of
customer water usage prior to deeming the customer in violation.
   (B) For the purposes of subparagraph (A), excessive water use
shall be measured in terms of either gallons or hundreds of cubic
feet of water used during the urban retail water supplier's regular
billing cycle. In establishing the definition of excessive use, the
urban retail water supplier may consider factors that include, but
are not limited to, all of the following:
   (i) Average daily use.
   (ii) Full-time occupancy of households.
   (iii) Amount of landscaped land on a property.
   (iv) Rate of evapotranspiration.
   (v) Seasonal weather changes.
   (C) (i) A violation of an excessive use ordinance, rule, or tariff
condition established pursuant to subparagraph (A) shall result in
an infraction or administrative civil penalty. The penalty for a
violation may be based on conditions identified by the urban retail
water supplier and may include, but is not limited to, a fine of up
to five hundred dollars ($500) for each hundred cubic feet of water,
or 748 gallons, used above the excessive water use threshold
established by the urban retail water supplier in a billing cycle.
   (ii) Any fine imposed pursuant to this subparagraph shall be added
to the customer's water bill and is due and payable with that water
bill.
   (iii) Each urban retail water supplier shall have a process for
nonpayment of the fine, which shall be consistent with due process
and reasonably similar to the water supplier's existing process for
nonpayment of a water bill.
   (D) (i) Consistent with due process, an urban retail water
supplier shall establish a process and conditions for the appeal of a
fine imposed pursuant to subparagraph (C) whereby the customer may
contest the imposition of the fine for excessive water use.
   (ii) As part of the appeal process, the customer shall be provided
with an opportunity to provide evidence that there was no excessive
water use or of a bona fide reason for the excessive water use,
including evidence of a water leak, a medical reason, or any other
reasonable justification for the water use, as determined by the
urban retail water supplier.
   (iii) As part of the appeal process, the urban retail water
supplier shall provide documentation demonstrating the excessive
water usage.
   (c) (1) The provisions of subdivision (b) do not apply to an urban
retail water supplier that is not fully metered in accordance with
Section 527. An urban retail water supplier shall comply with the
provisions of subdivision (b) when all of the water supplier's
residential water service connections are being billed based on
metered water usage.
   (2) An urban retail water supplier that is not fully metered shall
prohibit water use practices by an ordinance, resolution, rule, or
tariff condition that imposes penalties for prohibited uses of water
supplied by the water supplier. The urban retail water supplier may
include a process to issue written warnings prior to imposing
penalties as well as increased penalty amounts for successive
violations.
   367.  (a) This chapter applies only as follows:
   (1) 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 statewide drought
conditions to an urban retail water supplier that has moved to a
stage of action in response to a local water supply shortage
condition under the water supplier's contingency plan pursuant to
paragraph (1) of subdivision (a) of Section 10632 that requires
mandatory water use reductions.
   (2) To an urban retail water supplier during a period in which the
water supplier has moved to a stage of action in response to a local
water supply shortage condition under the water supplier's
contingency plan pursuant to paragraph (1) of subdivision (a) of
Section 10632 that requires mandatory water use reductions.
   (3) To an urban retail water supplier affected 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 local drought conditions.
   (b) The provisions of this chapter are in addition to, and do not
supersede or limit, any other measures or remedies implemented by an
urban retail water supplier.
  SEC. 2.  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.
                
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