BILL NUMBER: SB 263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 29, 2011
	AMENDED IN SENATE  MAY 31, 2011

INTRODUCED BY   Senator Pavley

                        FEBRUARY 10, 2011

   An act to amend  Sections 13752 and 13755  
Section 13752  of the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 263, as amended, Pavley. Wells: reports: public availability.
   Existing law requires a person who digs, bores, or drills a water
well, cathodic protection well, or a monitoring well, or abandons or
destroys a well, or deepens or reperforates a well, to file a report
of completion with the Department of Water Resources. Existing law
prohibits those reports from being made available to the public,
except under certain circumstances.
   This bill would instead require the department to make the reports
available to the public. The bill would require the department to
provide a specified disclaimer when providing the reports to the
public.  The bill would prohibit the State Department of
Public Health from preventing the disclosure of information provided
in the reports. 
   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 13752 of the Water Code is amended to read:
   13752.  (a) The department shall make available to the public a
report made in accordance with paragraph (1) of subdivision (b) of
Section 13751.
   (b) When providing a report to the public pursuant to subdivision
(a), the department shall also provide a statement that includes all
of the following:
   (1) The information provided in a report varies in accuracy,
scale, origin, and completeness.
   (2) The information is provided without warranty of the
suitability of the information for any particular purpose.
   (3) Use of the information in the report may require professional
interpretation or judgment.
   (4) Any use of the information provided in a report is at the user'
s own risk. 
  SEC. 2.    Section 13755 of the Water Code is
amended to read:
   13755.  (a) Except as provided in subdivision (b), this chapter
does not affect the powers and duties of the State Department of
Public Health with respect to water and water systems pursuant to
Chapter 4 (commencing with Section 116270) of Part 12 of Division 104
of the Health and Safety Code. Every person shall comply with this
chapter and any regulation adopted pursuant thereto, in addition to
standards adopted by any city or county.
   (b) Notwithstanding Section 6255 of the Government Code, the State
Department of Public Health shall not prevent the disclosure of
information provided in a report made in accordance with paragraph
(1) of subdivision (b) of Section 13751.