BILL NUMBER: SB 565	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 1, 2010
	AMENDED IN SENATE  JUNE 2, 2009
	AMENDED IN SENATE  MAY 4, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY    Senator   Pavley 
 Senators   Pavley   and Steinberg 
    (   Principal coauthor:   Assembly Member
  Huffman   ) 

                        FEBRUARY 27, 2009

    An act to add Part 5.5 (commencing with Section 12567) to
Division 6 of the Water Code, relating to water recycling. 
 An act to amend Sections 6103.1 and 6103.4 of the Government
Code, to amend Sections 1052, 1055, 1055.2, 1055.3, 1120, 1228.5,
1228.7, 1525, 1535,   1538, 1550, 1551, 1825, 1845, 5103,
and 5106 of, and to add Sections 1051.1, 1240.5, 1826, 1846, and 1847
to, the Water Code, relating to water resources. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 565, as amended, Pavley. Water  recycling. 
 resources.  
   (1) Existing law generally prohibits the state, or a county, city,
district, or other political subdivision, or any public officer or
body acting in its official capacity on behalf of any of those
entities, from being required to pay any fee for the performance of
an official service. Existing law exempts from this provision any fee
or charge for official services required pursuant to specified
provisions of law relating to water use or water quality.  
   This bill would expand the exemption to other provisions relating
to water use, including provisions that require the payment of fees
to the State Water Resources Control Board (board) for official
services relating to statements of water diversion and use. 

   (2) Existing law authorizes the board to investigate all streams,
stream systems, lakes, or other bodies of water, take testimony
relating to the rights to water or the use of water, and ascertain
whether water filed upon or attempted to be appropriated is
appropriated under the laws of the state. Existing law requires the
board to take appropriate actions to prevent waste or the
unreasonable use of water. Under existing law, the board makes
determinations with regard to the availability of recycled water.
 
   This bill would authorize the board, in conducting an
investigation or proceeding for these purposes, to order any person
or entity that diverts water or uses water to submit any technical or
monitoring report related to the diversion or use of water by that
person or entity. The bill would authorize the board, in connection
with the investigation or proceeding, to inspect the facilities of
any person or entity to determine compliance with specified water use
requirements.  
   (3) Existing law declares that the diversion or use of water other
than as authorized by specified provisions of law is a trespass.
Existing law authorizes the administrative imposition of civil
liability by the board for a trespass in an amount not to exceed $500
for each day in which the trespass occurs. Moneys generated by the
imposition of civil liability under these provisions are deposited in
the Water Rights Fund.  
   This bill would provide that a person or entity committing a
trespass may be liable in an amount not to exceed the sum of $1,000
or $5,000 for each day in which the trespass occurs, as specified, or
the highest market value of the water, as specified, whichever is
the greater amount. The moneys would be required to be deposited in
the Water Rights Fund, as specified. The bill would establish the
Water Rights Protection Subaccount in the Water Rights Fund.
Specified penalties would be required to be deposited in the
subaccount. The bill would state legislative intent regarding the
expenditure of the moneys in the subaccount.  
   (4) Existing law, with certain exceptions, requires each person
who diverts water after December 31, 1965, to file with the board a
prescribed statement of diversion and use. Existing law requires a
statement to include specified information, including, on and after
January 1,2012, monthly records of water diversions.  
   This bill would establish a rebuttable presumption, as specified,
in any proceeding before the board in which it is alleged that an
appropriative right has ceased or is subject to prescribed action,
that no use required to be included in a statement of diversion and
use occurred unless that use is included in a statement that is
submitted to the board within a specified time period.  
   The bill would require a person who files a statement of diversion
and use, and certain petitions involving a change in a water right,
to pay an annual fee, for deposit in the Water Rights Fund. The bill
would include as recoverable costs, for which the board may be
reimbursed from the fund upon appropriation therefor, costs incurred
in connection with carrying out requirements relating to the
statements of diversion and use and the performance of duties under
the public trust doctrine and provisions that require the reasonable
use of water.  
   (5) Existing law authorizes the board to issue a cease and desist
order against a person who is violating, or threatening to violate,
certain requirements, including requirements set forth in a decision
or order relating to the unauthorized use of water. Any person who
violates a cease and desist order may be liable in an amount not to
exceed $1,000 for each day in which the violation occurs. Revenue
generated from these penalties is deposited in the Water Rights Fund.
 
   This bill would increase, as specified, the civil penalties that
apply to a person who violates a cease and desist order. The bill
would impose civil liability, in an amount not to exceed $500 for
each day in which a violation occurs, for a failure to comply with
various reporting or monitoring requirements, including requirements
imposed pursuant to the public trust doctrine. The bill would
authorize the board to impose additional civil liability, in an
amount not to exceed $500 for each day in which a violation occurs,
for the violation of a permit, license, certificate, or registration,
or an order or regulation involving the unreasonable use of water.
The board would be required to establish a schedule of penalties that
applies to small farms for de minimus water right violations. Funds
derived from the imposition of these civil penalties would be
deposited in the Water Rights Fund, as specified.  
   The bill would establish, in a proceeding before the board in
which it is alleged that an appropriative water right has ceased, or
is subject to prescribed action, a rebuttable presumption that no use
occurred on or after January 1, 2010, unless that diversion or use
was included in a specified statement submitted to the board within 6
months after the statement is required to be filed with the board,
as specified.  
   Existing law establishes the State Water Resources Control Board
and the California regional water quality control boards as the
principal state agencies with authority over matters relating to
water quality. Existing law requires specified persons who discharge
waste, as defined, in a manner that could affect the quality of the
waters of the state, to pay an annual fee to the state board
according to a fee schedule established by the board. 

   This bill would require the board, in consultation with the
Department of Water Resources and the State Department of Public
Health, to develop a plan to ensure that at least 50% of wastewater
that is annually discharged into the ocean, as of the year 2009, is
recycled and put to beneficial use by the year 2030. The bill would
prescribe various requirements with respect to that plan. The bill
would require the board to impose a fee on specified persons
discharging wastewater into the ocean, the San Francisco Bay, or any
other enclosed bay in the state, and would require that fee to be
deposited into the Ocean Discharge Recycling Fund, which the bill
would establish. The bill would authorize the board to expend the
moneys in that fund, upon appropriation by the Legislature, for the
purposes of carrying out the wastewater recycling plan. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 6103.1 of the  
Government Code   is amended to read: 
   6103.1.  Section 6103 does not apply to any fee or charge for
official services required by  Parts   Part 1
(commencing with Section 1000), Part  2 (commencing with Section
1200)  , Part  3 (commencing with Section 2000), 
and   Part  4 (commencing with Section 4000)  ,
Part 5 (commencing with Section   4999), or Part 5.1
(commencing with Section 5100),  of Division 2  , Division 7
(commencing with Section 13000), or Division 35 (commencing with
Section 85000)  of the Water Code.
   SEC. 2.    Section 6103.4 of the  
Government Code   is amended to read: 
   6103.4.  Section 6103 does not apply to any fee or charge for
official services required by Section 100860 of the Health and Safety
Code  , or Part 5 (commencing with Section 4999) of Division
2, or Division 7 (commencing with Section 13000), of the Water Code
 .
   SEC. 3.    Section 1051.1 is added to the  
Water Code   , to read:  
   1051.1.  (a) In conducting any investigation or proceeding
specified in Section 275 or 1051, or Article 7 (commencing with
Section 13550) of Chapter 7 of Division 7, the board may order any
person or entity that diverts or uses water to prepare and submit to
the board any technical or monitoring program reports related to that
person's or entity's diversion or use of water as the board may
specify. The costs incurred by the person or entity in the
preparation of those reports shall bear a reasonable relationship to
the need for the report and the benefit to be obtained from the
report. If the preparation of individual reports would result in a
duplication of effort, or if the reports are necessary to evaluate
the cumulative effect of several diversions or uses of water, the
board may order any person or entity subject to this subdivision to
pay a reasonable share of the cost of preparing reports.
   (b) Any order issued under this section shall be served by
personal service or registered mail on the party required to submit
technical or monitoring program reports or to pay a share of the
costs of preparing reports. Unless the board issues the order after a
hearing, the order shall inform the party of the right to request a
hearing within 30 days after the party has been served. If the party
does not request a hearing within that 30-day period, the order shall
take effect as issued. If the party requests a hearing within that
30-day period, the board may adopt a decision and order after
conducting a hearing.
   (c) Upon application of any person or entity or upon its own
motion, the board may review and revise any order issued pursuant to
this section, in accordance with the procedures set forth in
subdivision (b).
   (d) In conducting any investigation or proceeding specified in
Section 275 or 1051, or Article 7 (commencing with Section 13550) of
Chapter 7 of Division 7, the board may inspect the facilities of any
person or entity to ascertain whether the purposes of Section 100 and
this division are being met and 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. The board
shall adopt regulations for procedures pursuant to Article 13
(commencing with Section 11460.10) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of the Government Code, and any time extensions
necessary to implement those regulations. Except in the event of an
emergency affecting the public health or safety, the inspection shall
be made with the consent of the owner or possessor of the facilities
or, if the consent is withheld, with a warrant duly issued pursuant
to the procedure set forth in Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure. 
   SEC. 4.    Section 1052 of the   Water Code
  is amended to read: 
   1052.  (a) The diversion or use of water subject to this division
other than as authorized in this division is a trespass. 
   (b) Civil liability may be administratively imposed by the board
pursuant to Section 1055 for a trespass as defined in this section in
an amount not to exceed five hundred dollars ($500) for each day in
which the trespass occurs.  
   (c) 
    (b)  The Attorney General, upon request of the board,
shall institute in the superior court in and for any county 
wherein   in which  the diversion or use is
threatened, is occurring, or has occurred  appropriate
  an  action for the issuance of injunctive relief
as may be warranted by way of temporary restraining order,
preliminary injunction, or permanent injunction. 
   (d) 
    (c)     (1)    Any person or
entity committing a trespass as defined in this section may be liable
 for a sum   in an amount  not to exceed
 five hundred dollars ($500) for each day in which the
trespass occurs. The   the greater of either of the
following amounts:  
   (A) One thousand dollars ($1,000) for each day in which the
trespass occurs for the first enforcement proceeding or five thousand
dollars ($5,000) for each day in which the trespass occurs for any
subsequent enforcement proceeding.  
   (B) The highest market value of the water subject to the trespass
as determined on a regional basis. 
    (2)     The  Attorney General, upon
request of the board, shall petition the superior court to impose,
assess, and recover any sums pursuant to this subdivision. In
determining the appropriate amount, the court shall 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  , with respect to the violator, the
ability to pay, the effect on the ability   to continue in
business,  the corrective action, if any, taken by the violator
 , and other matters as justice may require  . 
   (3) Civil liability may be imposed by the board pursuant to
Section 1055.  
   (e) 
    (d)     (1)    All funds
recovered pursuant to this section shall be deposited in the Water
Rights Fund established pursuant to Section 1550. 
   (2) Any funds recovered pursuant to this section that exceed the
amounts that were authorized before January 1, 2011, shall be
deposited in the Water Rights Protection Subaccount in the Water
Rights Fund established pursuant to Section 1550.  
   (f) 
    (e)  The remedies prescribed in this section are
cumulative and not alternative. 
   (f) The increase in the amount of penalties that may be imposed
pursuant to the amendments made to this section by this act during
the 2009-10 Regular Session of the Legislature does not apply to
violations that occurred prior to January 1, 2011. 
   SEC. 5.    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,  Section
1536, Section 1845,   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.
   (b) The complaint shall be served by personal notice or certified
mail, and shall inform the party served that the party may request a
hearing not later than 20 days from the date the party was served.
The hearing shall be before  the boa   rd or  a
member of the board  as it may specify   in
accordance with Section 183  . 
   (c) After any hearing, the member shall report a proposed decision
and order to the board and shall supply a copy to the party served
with the complaint, the board's executive director, and any other
person requesting a copy. The member of the board acting as hearing
officer may sit as a member of the board in deciding the matter. The
board, after making an independent review of the record and taking
any additional evidence as may be necessary that could not reasonably
have been offered before the hearing officer, may adopt, with or
without revision, the proposed decision and order.  
   (c) The board may adopt an order setting administrative civil
liability, or determining that no liability will be imposed, after
any necessary hearing. 
   (d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be made.
   SEC. 6.    Section 1055.2 of the   Water
Code   is amended to read: 
   1055.2.  No person or entity shall be subject to both civil
liability imposed under Section 1055 and civil liability imposed by
the superior court under  subdivision (d) of 
Section 1052,  Section 1536, or Section  1845  ,
or 1846  for the same act or failure to act.
   SEC. 7.    Section 1055.3 of the   Water
Code   is amended to read: 
   1055.3.  In determining the amount of civil liability, the board
shall 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  with respect to the violator,
the ability to pay, the effect on the ability to continue in
business,  the corrective action, if any, taken by the violator
 , and other matters as justice may require  .
   SEC.   8.    Section 1120 of the  
Water Code   is amended to read: 
   1120.  This chapter applies to any decision or order issued under
this part or Section 275, Part 2 (commencing with Section 1200), Part
2 (commencing with Section 10500) of Division 6, Article 7
(commencing with Section 13550) of Chapter 7 of Division 7, 
Section 85230,  or the public trust doctrine.
   SEC. 9.    Section 1228.5 of the   Water
Code   is amended to read: 
   1228.5.  (a) Registration of a small domestic or livestock
stockpond use pursuant to this article shall be renewed prior to the
expiration of each five-year period following completed registration.

   (b) Renewal of registration shall be made upon a form prescribed
by the board and shall contain such report of water use made pursuant
to the registration as may be required by the board.
   (c) The conditions established by the board pursuant to Section
1228.6 which are in effect at the time of renewal of registration
shall supersede the conditions which were applicable to the original
completed registration.
   (d) Failure to renew registration in substantial compliance with
the reporting requirements prescribed by the board within the time
period specified in subdivision (a), or to pay the renewal fee
specified in subdivision (b) of Section  1228.8 
 1525  , shall result by operation of law in the revocation
of any right acquired pursuant to this article.
   SEC. 10.    Section 1228.7 of the   Water
Code   is amended to read: 
   1228.7.  (a) Any registrant may change the point of diversion or
place of use by delivering to the board an amended registration form
in accordance with Section 1228.3, including payment of the
registration fee specified in  subdivision (a) of Section
1228.8   Section 1525  , except that the purpose of
the use may not be changed and the change may not operate to the
injury of any legal user of the water involved.
   (b) Any completed amended registration of water use continues in
effect the priority of right as of the date of the original completed
registration.
   (c) All provisions of this article regarding appropriations made
pursuant thereto, including, but not limited to, provisions regarding
enforcement, are applicable to the appropriation as described in the
completed amended registration, except that the conditions
established by the board pursuant to Section 1228.6 which are in
effect at the time of completion of the amended registration shall
supersede the conditions which were applicable to the original
completed registration.
   SEC. 11.    Section 1240.5 is added to the  
Water Code   , to read:  
   1240.5.  (a) In any proceeding before the board in which it is
alleged that a right to appropriate water has ceased or is subject to
forfeiture or revocation for nonuse, there shall be a rebuttable
presumption that no use occurred unless that use is included in a
statement submitted pursuant to any reporting or monitoring
requirement established under any permit, license, certificate,
registration, decision or order, or regulation issued by the board
pursuant to this division, Section 275, Article 7 (commencing with
Section 13550) of Division 7, or the public trust doctrine under this
part, and the statement is submitted within six months after it is
required to be filed with the board. This section does not apply to
any diversion or use that occurred before January 1, 2010.
   (b) The rebuttable presumption established in subdivision (a)
applies only if the failure to file the statement is shown to be
willful. 
   SEC. 12.    Section 1525 of the   Water Code
  is amended to read: 
   1525.  (a) Each person or entity who holds a permit or license to
appropriate water, and each lessor of water leased under Chapter 1.5
(commencing with Section 1020) of Part 1, shall pay an annual fee
according to a fee schedule established by the board.
   (b) Each person or entity who files any of the following shall pay
a fee according to a fee schedule established by the board:
   (1) An application for a permit to appropriate water.
   (2) A registration of appropriation for a small domestic use or
livestock stockpond  use  .
   (3) A petition for an extension of time within which to begin
construction, to complete construction, or to apply the water to full
beneficial use under a permit.
   (4) A petition to change the point of diversion, place of use, or
purpose of use, under a  registration for small domestic use or
livestock stockpond use, or under a  permit or license.
   (5) A petition to change the conditions of a permit or license,
requested by the permittee or licensee, that is not otherwise subject
to paragraph (3) or (4). 
   (6) A petition under Section 1707 or 1740 to change the point of
diversion, place of use, or purpose of use of a water right that is
not subject to a permit or license to appropriate water. 

   (6) 
    (7)  A petition to change the point of discharge, place
of use, or purpose of use, of treated wastewater, requested pursuant
to Section 1211. 
   (7) 
    (8)  An application for approval of a water lease
agreement. 
   (8) 
    (9)  A request for release from priority pursuant to
Section 10504. 
   (9) 
    (10)  An application for an assignment of a state-filed
application pursuant to Section 10504. 
   (11) A statement of water diversion and use pursuant to Part 5.1
(commencing with Section 5100). 
   (c) The board shall set the fee schedule authorized by this
section so that the total amount of fees collected pursuant to this
section equals that amount necessary to recover costs incurred in
connection with the issuance, administration, review, monitoring, and
enforcement of permits, licenses, certificates, and registrations to
appropriate water, water leases,  statements of diversion and
use,  and orders approving changes in point of discharge, place
of use, or purpose of use of treated wastewater. The board may
include, as recoverable costs, but is not limited to including, the
costs incurred in reviewing applications, registrations, 
statements of diversion and use,  petitions and requests,
prescribing terms of permits, licenses, registrations, and change
orders, enforcing and evaluating compliance with permits, licenses,
certificates, registrations, change orders, and water leases,
inspection, monitoring, planning, modeling, reviewing documents
prepared for the purpose of regulating the diversion and use of
water, applying and enforcing  the public trust doctrine, Section
275,  the prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division, 
the requirements under Part 5.1 (commencing with Section 5100) for
filing statements of diversion and use,  and the administrative
costs incurred in connection with carrying out these actions.
   (d) (1) The board shall adopt the schedule of fees authorized
under this section as emergency regulations in accordance with
Section 1530.
   (2) For filings subject to subdivision (b), the schedule may
provide for a single filing fee or for an initial filing fee followed
by an annual fee, as appropriate to the type of filing involved, and
may include supplemental fees for filings that have already been
made but have not yet been acted upon by the board at the time the
schedule of fees takes effect.
   (3) The board shall set the amount of total revenue collected each
year through the fees authorized by this section at an amount equal
to the revenue levels set forth in the annual Budget Act for this
activity. The board shall review and revise the fees each fiscal year
as necessary to conform with the revenue levels set forth in the
annual Budget Act. If the board determines that the revenue collected
during the preceding year was greater than, or less than, the
revenue levels set forth in the annual Budget Act, the board may
further adjust the annual fees to compensate for the over or under
collection of revenue.
   (e) Annual fees imposed pursuant to this section for the 2003-04
fiscal year shall be assessed for the entire 2003-04 fiscal year.

   (f) Fees imposed on holders of riparian water rights or rights to
water appropriated prior to December 19, 1914, pursuant to this
chapter shall bear a fair or reasonable relationship to the payor's
burden on, or benefits from, the board's water rights program funded
by those fees. 
   SEC. 13.    Section 1535 of the   Water Code
  is amended to read: 
   1535.  (a) Any fee subject to this chapter that is required in
connection with the filing of an application, registration, request
 , statement,  or proof of claim, other than an annual fee
required after the period covered by the initial filing fee, shall be
paid to the board.
   (b) If a fee established under subdivision (b) of Section 1525,
Section 1528, or Section 13160.1 is not paid when due, the board may
cancel the application, registration, petition, request, 
statement,  or claim, or may refer the matter to the State Board
of Equalization for collection of the unpaid fee.
   SEC. 14.    Section 1538 of the   Water Code
  is amended to read: 
   1538.   (a)    In any proceeding pursuant to
Section 1052 in which it is determined that there has been a
violation of the prohibition against the unauthorized diversion or
use of water subject to this division, the board or court, as the
case may be, may impose an additional liability in the amount of 
150 percent of  any annual fees that would have been required
under this division if the diversion or use had been authorized by a
permit or license to appropriate water. 
   (b) In any proceeding pursuant to Section 5107 in which the board
imposes liability for a failure to file a statement of diversion and
use or for a material misstatement in a statement of diversion and
use, the board may impose an additional liability in the amount of
150 percent of any fees that have not been paid but would have been
required under this division if the statement of diversion and use
had been filed and did not make any material misstatement.  

   (c) The additional liability imposed under this section may
include interest, at the rate provided under Section 685.010 of the
Code of Civil Procedure, from the dates the annual fees would have
been assessed. 
   SEC. 15.    Section 1550 of the   Water Code
  is amended to read: 
   1550.   (a)    There is in the State Treasury a
Water Rights Fund, which is hereby established. 
   (b) There is hereby established the Water Rights Protection
Subaccount in the Water Rights Fund. It is the intent of the
Legislature that the moneys in the Water Rights Protection Subaccount
be available for expenditure, upon appropriation by the Legislature,
to reduce fees on water right holders, for water restoration
projects, conservancies, and for General Fund purposes. 
   SEC. 16.    Section 1551 of the   Water Code
  is amended to read: 
   1551.  All of the following shall be deposited in the Water Rights
Fund:
   (a) All fees, expenses, and penalties collected by the board or
the State Board of Equalization under this chapter and Part 3
(commencing with Section 2000).
   (b) All funds collected under Section 1052,  1845, or
  Article 4 (commencing with Section 1845) of Chapter
12, and Section  5107.
   (c) All fees collected under Section 13160.1 in connection with
certificates for activities involving hydroelectric power projects
subject to licensing by the Federal Energy Regulatory Commission.
   SEC. 17.    Section 1825 of the   Water Code
  is amended to read: 
   1825.  It is the intent of the Legislature that the state should
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  , and to prevent the
waste, unreasonable use, unreasonable method of use, or unreasonable
method of diversion, of water, and to enforce reporting and
monitoring requirements  .
   SEC. 18.    Section 1826 is added to the  
Water Code   , to read:  
   1826.  The board shall establish a schedule of penalties that
applies to small farms for de minimis water right violations under
this division. 
   SEC. 19.    Section 1845 of the   Water Code
  is amended to read: 
   1845.  (a) Upon the failure of any person to comply with a cease
and desist order issued by the board pursuant to this chapter, the
Attorney General, upon the request of the board, shall petition the
superior court for the issuance of prohibitory or mandatory
injunctive relief as appropriate, including a temporary restraining
order, preliminary injunction, or permanent injunction.
   (b) (1) Any person or entity who violates a cease and desist order
issued pursuant to this chapter may be liable  for a sum
  in an amount  not to exceed  one thousand
dollars ($1,000) for each day in which the violation occurs.
  the greater of either of the following amounts: 

   (A) One thousand dollars ($1,000) for each day in which the
violation occurs for the first enforcement proceeding or five
thousand dollars ($5,000) for each day in which the violation occurs
for any subsequent enforcement proceeding.  
   (B) The highest market value of the water as determined on a
regional basis. 
   (2) 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.
   (3) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
   (c) In determining the appropriate amount, the court, or the
board, as the case may be, shall 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  , with
respect to the  violator  , the ability to pay, the effect
on the ability to continue in business  , the corrective action,
if any, taken by the violator  , and other matters as justice
may require  .
   (d)  (1)    All funds recovered pursuant to this
section shall be deposited in the Water Rights Fund established
pursuant to Section 1550. 
   (2) Any funds recovered pursuant to this section that exceed the
amounts that were authorized before January 1, 2011, shall be
deposited in the Water Rights Protection Subaccount in the Water
Rights Funds established pursuant to Section 1550.  
   (e) The increase in the amount of penalties that may be imposed
pursuant to the amendments made to this section by this act during
the 2009-10 Regular Session of the Legislature does not apply to
violations that occurred prior to January 1, 2011. 
   SEC. 20.    Section 1846 is added to the  
Water Code   , to read:  
   1846.  (a) Any person or entity subject to a monitoring or
reporting requirement specified in subdivision (f) who violates that
reporting or monitoring requirement, makes a material misstatement in
any record or report submitted under that reporting or monitoring
requirement, or tampers with or renders inaccurate any monitoring
device required under that reporting or monitoring requirement shall
be liable for a sum not to exceed five hundred dollars ($500) for
each day in which the violation occurs.
                                                              (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, the court, or the
board, as the case may be, shall 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, with
respect to the violator, the ability to pay, the effect on the
ability to continue in business, the corrective action, if any, taken
by the violator, and other matters as justice may require.
   (e) All funds recovered pursuant to this section shall be
deposited in the Water Rights Protection Subaccount in the Water
Rights Fund established pursuant to Section 1550.
   (f) (1) This section applies to any reporting or monitoring
requirement established under any permit, license, certificate,
registration, decision or order, or regulation issued by the board
pursuant to this division, Section 275, Article 7 (commencing with
Section 13550) of Division 7, or the public trust doctrine.
   (2) This section also applies to any reporting or monitoring
requirement established by the department under Section 275, if the
department requests enforcement pursuant to this section.
   (3) This section does not provide a basis for imposing liability
on a watermaster who is subject to reporting or monitoring
requirements but does not divert or use the water subject to those
requirements. 
   SEC. 21.    Section 1847 is added to the  
Water Code   , to read:  
   1847.  (a) Any person or entity who violates any term or condition
of a permit, license, certificate, or registration issued under this
division or any order or regulation adopted by the board under
Section 275 may be liable in an amount not to exceed five hundred
dollars ($500) for each day in which the violation occurs.
   (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, the court, or the
board, as the case may be, shall 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, with
respect to the violator, the ability to pay, the effect on the
ability to continue in business, the corrective action, if any, taken
by the violator, and other matters as justice may require.
   (e) No liability shall be recoverable under this section for any
violation for which liability is recovered under Section 1052 or
1846.
   (f) All funds recovered pursuant to this section shall be
deposited in the Water Rights Protection Subaccount in the Water
Rights Fund established pursuant to Section 1550. 
   SEC. 22.    Section 5103 of the   Water Code
  , as amended by Section 5 of Chapter 2 of the Seventh
Extraordinary Session of the Statutes of 2009, 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 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.
   (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  , or its successor  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. 23.    Section 5106 of the   Water Code
  is amended to read: 
   5106.  (a) Neither the statements submitted under this part nor
the determination of facts by the board pursuant to Section 5105
shall establish or constitute evidence of a right to divert or use
water.
   (b) (1) The board may rely on the names and addresses included in
statements submitted under this part for the purpose of determining
the names and addresses of persons who are to receive notices with
regard to proceedings before the board.
   (2) Notwithstanding paragraph (1), any person may submit, in
writing, a request to the board to provide notification to a
different address, and the board shall provide the notification to
that address.
   (3) If the board provides notice to persons who file statements
under this part, the notice shall not be determined to be inadequate
on the basis that notice was not received by a person, other than a
party to whom the board's action is directed, who fails to file a
statement required to be filed under this part.
   (4) This subdivision does not affect the requirement in Section
2527 to provide notice to all persons who own land that appears to be
riparian to the stream system.
   (c) In any proceeding before the board to determine whether an
application for a permit to appropriate water should be approved, any
statement submitted under this part or determination by the board
pursuant to Section 5105 is evidence of the facts stated therein.

   (d) (1) In any proceeding before the board in which it is alleged
that an appropriative right has ceased or is subject to forfeiture
for nonuse because water has not been put to beneficial use, there
shall be a rebuttable presumption that no use required to be included
in a statement submitted under this part occurred unless that use is
included in a statement submitted under this part and that the
statement is submitted within six months after it is required to be
filed with the board.  
   (2) Paragraph (1) does not apply to any use that occurred before
January 1, 2010.  
   (3) The rebuttable presumption established in paragraph (1)
applies only if the failure to file the statement is shown to be
willful.  
  SECTION 1.    Part 5.5 (commencing with Section
12567) is added to Division 6 of the Water Code, to read:

      PART 5.5.  Ocean Discharge Recycling Plan


      CHAPTER 1.  GENERAL PROVISIONS


   12567.  The Legislature finds and declares the following:
   (a) Each year, urban water users in California discharge
approximately 3,500,000 to 4,000,000 acre-feet of wastewater into the
ocean. Unlike discharges into rivers and streams, which can be
recaptured downstream and reused, ocean discharges are not reused.
This water is truly wasted.
   (b) Urban California continues to grow. The Department of Finance
projects California's population to reach almost 60,000,000 people by
the year 2050, an increase of over 25,000,000 people since the 2000
decennial census. These new Californians will need water.
   (c) It is critical that California find new ways to accommodate
growth, with its resultant increase in water demand, in a manner that
is as environmentally benign as possible.
   (d) Water recycling has long been recognized as a method of
helping to meet California's water needs that is cost effective and
not affected by drought.
   12567.1.  For the purposes of this part, the following terms have
the following meanings:
   (a) "Fee" means the annual fee imposed pursuant to subdivision (a)
of Section 12568.
   (b) "Fund" means the Ocean Discharge Recycling Fund established
pursuant to subdivision (a) of Section 12568.4.
   (c) "Plan" means the statewide plan adopted pursuant to Section
12567.2.
   12567.2.  (a) The board, in consultation with the department and
the State Department of Public Health, shall adopt a statewide plan
to ensure that at least 50 percent of the wastewater annually
discharged directly into the ocean, as of the year 2009, is recycled
and put to beneficial use by the year 2030.
   (b) The plan shall do all of the following:
   (1) Identify the amount of water discharged directly into the
ocean, the San Francisco Bay, and any other enclosed bay in the
state, during the 2009 calendar year.
   (2) Establish a statewide ocean discharge recycling goal that is
one-half of the amount identified pursuant to paragraph (1).
   (3) Identify all regulatory, financial, engineering,
jurisdictional, and other impediments to meeting the statewide ocean
discharge recycling goal.
   (4) Identify all impediments to direct potable reuse of the water
described in paragraph (1).
   (5) Develop specific actions and strategies to remove the
impediments identified pursuant to paragraphs (3) and (4).
   (c) In developing the plan, the board shall do all of the
following:
   (1) Seek input from wastewater dischargers, urban water suppliers,
local government agencies, and other interested parties.
   (2) Ensure that any action authorized pursuant to this chapter is
consistent with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).
   (3) Integrate research by the board regarding unregulated
pollutants, as developed pursuant to Section 10 of the Recycled Water
Policy adopted by State Water Resources Control Board Resolution No.
2009-0011.
   (d) The board may appoint an advisory committee, task force, or
any other group or groups that the board determines to be necessary
or desirable to assist the board in implementing this part.
   (e) Upon adoption of the plan, the board shall submit copies of
the plan to the Governor and the Legislature.
   (f) Any action authorized pursuant to this chapter shall be
consistent with the federal Clean Water Act (33 U.S.C. Sec. 1251 et
seq.) and the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000)).
      CHAPTER 2.  FINANCING


   12568.  (a) The board shall impose an annual fee on discharges of
wastewater into the ocean, subject to the following requirements:
   (1) (A) Except as provided in subparagraph (B), the fee shall be
imposed on each person that discharges wastewater directly into the
ocean, the San Francisco Bay, or any other enclosed bay in the state,
as determined by the board.
   (B) The fee shall not be imposed on any person that discharges
less than 10,000,000 gallons of wastewater per day.
   (2) The fee shall be in addition to any fees imposed pursuant to
Section 13260.
   (3) The fee shall be in an amount that does not exceed the amount
necessary to reimburse the board, the department, and the State
Department of Public Health for the costs of developing the plan and
any measures implementing the plan pursuant to Section 12567.2.
   (4) The board shall adopt a fee schedule and a timetable for
purposes of collecting the fee.
   (5) The fee shall be collected in the same manner as set forth in
Section 13260.
   (b) The board shall adopt regulations to implement the fee
collection procedures set forth in this section.
   12568.2.  Each person that is subject to the fee shall pay an
annual fee to the board in accordance with Section 12568.
   12568.4.  (a) All fees collected pursuant to this chapter shall be
deposited in the Ocean Discharge Recycling Fund, which is hereby
established in the State Treasury.
   (b) The moneys in the fund shall be available for expenditure by
the board, upon appropriation by the Legislature, for the purposes of
carrying out this part.