BILL NUMBER: SB 104 ENROLLED
BILL TEXT
PASSED THE SENATE FEBRUARY 27, 2014
PASSED THE ASSEMBLY FEBRUARY 27, 2014
AMENDED IN ASSEMBLY FEBRUARY 26, 2014
AMENDED IN ASSEMBLY FEBRUARY 24, 2014
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act to amend Section 8683 of the Government Code, to amend
Section 50661 of, to add Section 50716 to, and to add Chapter 3
(commencing with Section 34085) to Part 1.6 of Division 24 of, the
Health and Safety Code, to amend Sections 10201.5, 10214.5, and
10214.6 of the Unemployment Insurance Code, and to amend Sections
1052, 1058.5, 1551, 1831, and 1845 of, and to add Sections 1846 and
13562.5 to, the Water Code, relating to drought relief, making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 104, Committee on Budget and Fiscal Review. Drought relief.
(1) The California Constitution requires the reasonable and
beneficial use of water. Under the public trust doctrine, the State
Water Resources Control Board, among other state agencies, is
required to take the public trust into account in the planning and
allocation of water resources and to protect the public trust
whenever feasible. Existing law establishes the Water Rights Fund,
which consists of various fees and penalties. The moneys in the Water
Rights Fund are available, upon appropriation by the Legislature,
for the administration of the board's water rights program.
This bill would provide that a person or entity in violation of a
term or condition of a permit, license, certificate, or registration
issued or an order adopted by the board or an emergency regulation
described in paragraph (6), is liable in an amount not to exceed $500
for each day in which the violation occurs. These funds would be
deposited in the Water Rights Fund.
(2) Existing law, the California Emergency Services Act sets forth
the emergency powers of the Governor under its provisions.
This bill would provide that the provisions of this bill described
in (1) apply only in a critically dry year immediately preceded by 2
or more consecutive below normal, dry, or critically dry years, or
during a period for which the Governor has issued a proclamation of a
state of emergency based on drought conditions.
(3) Under existing law, the Disaster Assistance Fund is
continuously appropriated, without regard to fiscal years, for
purposes of the California Disaster Assistance Act. Existing law
requires the Director of the Office of Emergency Services, whenever
funds are available for purpose of the act, to make allocations in
the amounts that the director determines to be necessary to state
agencies for making the investigations, estimates, and reports
required by the act.
This bill would authorize the director, when a proclamation of a
state of emergency has been issued, to make allocations of funds
available for the purposes of the act in the amounts that the
director determines necessary to state agencies for expenditures
incurred performing extraordinary emergency measures. This bill would
prohibit these allocations from being made to reimburse employee
costs related to emergency work activities or any permanent repairs
to the agency's own facilities.
(4) 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 imposition of civil liability for a
trespass in an amount not to exceed $500 for each day in which the
trespass occurs.
This bill would authorize the imposition of civil liability by the
board or superior court in an amount not to exceed the sum of $1,000
for each day in which the trespass occurs and $2,500 for each
acre-foot of water diverted or used in excess of that diverter's
water rights during a critically dry year immediately preceded by 2
or more consecutive below normal, dry, or critically dry years or
during a period for which the Governor has issued a proclamation of a
state of emergency based on drought conditions.
(5) Under existing law, a 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, for a violation occurring in a critically dry year
immediately preceded by 2 or more consecutive below normal, dry, or
critically dry years or during a period for which the Governor has
issued a proclamation of a state of emergency based on drought
conditions, would authorize a person violating a cease and desist
order to be liable in an amount not to exceed $10,000 for each day in
which the violation occurs.
(6) Under existing law, emergency regulations of the board are not
subject to review by the Office of Administrative Law if the board
adopts findings that the emergency regulation is adopted to prevent
the waste, unreasonable use, unreasonable method of use, or
unreasonable method of diversion, of water to promote wastewater
reclamation, or to promote water conservation, and that the emergency
regulation is adopted in response to conditions which exist, or are
threatened, in a critically dry year immediately preceded by 2 or
more consecutive dry or critically dry years.
This bill also would allow the adoption of emergency regulations
by the board if the board finds the emergency regulation is adopted
to require curtailment of diversions when water is not available
under the diverter's priority of right. This bill instead would
require the emergency regulation to be adopted in response to
conditions which exist, or are threatened, in a critically dry year
immediately preceded by 2 or more consecutive below normal, dry, or
critically dry years or during a period for which the Governor has
issued a proclamation of a state of emergency based on drought
conditions. This bill would make a violation of a regulation adopted
by the board under these provisions an infraction punishable by a
fine of up to $500 for each day in which the violation occurs. By
creating a new crime, this bill would impose a state-mandated local
program.
Existing law provides that these emergency regulations are
authorized to remain in effect for up to 270 days, as prescribed.
This bill would permit an emergency regulation adopted under these
provisions to be renewed if the board determines that the
above-described conditions are still in effect.
(7) 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.
This bill would authorize the board to issue a cease and desist
order in response to a violation or threatened violation of an
emergency regulation adopted pursuant to the provisions described in
paragraph (6).
(8) Existing law requires the State Department of Public Health to
adopt uniform water recycling criteria for indirect potable water
reuse for groundwater recharge, as defined, by December 31, 2013.
This bill would require the State Department of Public Health, no
later than June 30, 2014, to adopt by emergency regulations
requirements for groundwater replenishment using recycled water.
(9) Existing law creates the Housing Rehabilitation Loan Fund and
continuously appropriates moneys in the fund for, among other
purposes, making specified deferred payment housing rehabilitation
loans.
This bill, to the extent no other funding sources are available,
would make available $10,000,000 in the fund to the department for
the purpose of providing housing rental-related subsidies to persons
rendered homeless, or at risk of becoming homeless, due to
unemployment, underemployment, or other economic hardship resulting
from the state of emergency proclaimed by the Governor based on
drought conditions. This bill would authorize the department to
administer the housing rental-related subsidies or contract with
qualified local government agencies or nonprofit organizations to
administer the program.
(10) Existing law authorizes the Department of Housing and
Community Development to contract with local public and private
nonprofit agencies to provide housing services, including shelter,
education, sanitation, and day care services, for migrant
agricultural workers, through the development, construction,
reconstruction, rehabilitation, or operation of a migrant farm labor
center.
This bill would require the department to make the Office of
Migrant Services centers available for rent by persons or families
experiencing economic hardships as a result of the drought.
(11) Existing law authorizes the Employment Development Department
to collect and administer an employment training tax. Existing law
establishes the Employment Training Panel (ETP) in the Employment
Development Department, and prescribes the functions and duties of
the ETP with respect to the development, implementation, and
administration of various employment training programs in the state.
Existing law requires the ETP to establish the Partnership for
Workforce Recovery Training for the purpose of supporting and
implementing the workforce development goals set forth in the federal
American Recovery and Reinvestment Act of 2009.
This bill would eliminate the requirement that the ETP establish
the Partnership for Workforce Recovery Training, and would instead
require the ETP to develop and publish guidelines for the purpose of
supporting and implementing one or more alternative fund programs to
reimburse the cost of training using funds from a source other than
the employment training tax.
This bill would require the ETP, as needed in response to a
proclamation of a state of emergency issued by the Governor under the
California Emergency Services Act, to identify industries and
occupations that shall be priorities for training funds for the
purpose of funding special employment training projects that improve
the skills and employment security of frontline workers and to waive
specified wage and employment retention provisions.
Existing law, with respect to funds appropriated in the annual
Budget Act to the department for allocation by the ETP for the
training of workers in regions suffering from high unemployment and
low job creation, authorizes the ETP to waive the minimum wage
requirements for participation in the program in certain
circumstances.
This bill would provide that the ETP may waive the minimum wage
requirements with respect to funds appropriated to the department for
allocation by the ETP in the annual Budget Act for training of
workers in regions identified in a proclamation of a state of
emergency issued by the Governor under the California Emergency
Services Act.
(12) Existing law, the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
an initiative bond act, authorizes the issuance of bonds in the
amount of $5,388,000,000 for the purposes of financing a safe
drinking water, water quality and supply, flood control, and resource
protection program.
This bill would appropriate $472,500,000 from these bond funds for
the purposes of integrated regional water management grants.
(13) The bill would require, to the extent feasible and
appropriate, water conservation and drought response projects funded
pursuant to these provisions and the provisions of the bill described
in paragraph (15) to use the services of the California Conservation
Corps or certified community conservation corps.
(14) 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.
(15) This bill would become operative only if AB 79 or SB 103 is
enacted, amending the Budget Act of 2013.
(16) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that California is
experiencing an unprecedented dry period and shortage of water for
its citizens, local governments, agriculture, environment, and other
uses. The purpose of this act is to enact urgent legislation to
appropriate funds and expedite administrative actions to increase
water supply reliability consistent with the state's economic, health
and safety, and resource protection laws.
SEC. 2. Section 8683 of the Government Code is amended to read:
8683. (a) Whenever funds are available for purposes of this
chapter, the director shall make allocations from the funds available
in the amounts that he or she determines to be necessary to state
agencies for expenditure for making the investigations, estimates,
and reports required by this chapter. Those allocations may also be
made to provide for preliminary investigations, estimates, reports,
training of state agency personnel, or to reimburse the state
agencies for expenditures made in anticipation of actual applications
by local agencies. Allocations may also be made for the purpose of
making any investigations, estimates, and reports that may be
necessary to enable local agencies to obtain federal aid for disaster
relief purposes, regardless of whether or not that aid is available
for projects that are eligible for state allocations pursuant to this
chapter. The director may make allocations to any state agency or
office from those funds, or other funds available therefor, in the
amounts that are necessary to administer this chapter.
(b) When a proclamation of a state of emergency has been issued by
the Governor under the California Emergency Services Act (Chapter 7
(commencing with Section 8550)) and funds are available for purposes
of this chapter, the director may make allocations from the funds
available in the amounts that the director determines necessary to
state agencies for expenditures incurred performing extraordinary
emergency measures. An allocation pursuant to this subdivision is at
the discretion of the director, but an allocation shall not reimburse
either of the following:
(1) Employee costs related to emergency work activities.
(2) Any permanent repairs to the agency's own facilities.
SEC. 3. Chapter 3 (commencing with Section 34085) is added to Part
1.6 of Division 24 of the Health and Safety Code, to read:
CHAPTER 3. DROUGHT HOUSING RENTAL SUBSIDIES
34085. (a) The department shall provide housing rental-related
subsidies for the purposes of disaster relief to persons rendered
homeless or at risk of becoming homeless due to unemployment,
underemployment, or other economic hardship resulting from the state
of emergency proclaimed by the Governor on January 17, 2014. The
housing rental-related subsidies shall provide rental assistance to
individuals who are unemployed or underemployed because agricultural
or other businesses are affected by the drought conditions and to
other persons that have suffered economic losses due to the drought
conditions.
(b) The department may administer the housing rental-related
subsidies or contract with qualified local government agencies or
nonprofit organizations to administer the subsidies.
(c) The department shall adopt guidelines establishing criteria
for the subsidies, including, but not limited to, eligibility, income
limits, and subsidy amounts.
34086. Any rule, policy, or standard of general application
employed by the department in implementing the provisions of this
chapter shall not be subject to the requirements of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 4. Section 50661 of the Health and Safety Code is amended to
read:
50661. (a) There is hereby created in the State Treasury the
Housing Rehabilitation Loan Fund. All interest or other increments
resulting from the investment of moneys in the Housing Rehabilitation
Loan Fund shall be deposited in the fund, notwithstanding Section
16305.7 of the Government Code. Notwithstanding Section 13340 of the
Government Code, all money in the fund is continuously appropriated
to the department for the following purposes:
(1) For making deferred-payment rehabilitation loans for
financing all or a portion of the cost of rehabilitating existing
housing to meet rehabilitation standards as provided in this chapter.
(2) For making deferred payment loans as provided in Sections
50668.5, 50669, and 50670.
(3) For making deferred payment loans pursuant to Sections
50662.5 and 50671.
(4) Subject to the restrictions of Section 53131, if applicable,
for administrative expenses of the department made pursuant to this
chapter, Article 3 (commencing with Section 50693) of Chapter 7.5,
and Chapter 10 (commencing with Section 50775).
(5) For related administrative costs of nonprofit corporations
and local public entities contracting with the department pursuant to
Section 50663 in an amount, if any, as determined by the department,
to enable the entities and corporations to implement a program
pursuant to this chapter. The department shall ensure that not less
than 20 percent of the funds loaned pursuant to this chapter shall be
allocated to rural areas. For purposes of this chapter "rural area"
shall have the same meaning as in Section 50199.21.
(6) To the extent no other funding sources are available, ten
million dollars ($10,000,000) shall be available for the purposes of
Section 34085.
(b) There shall be paid into the fund the following:
(1) Any moneys appropriated and made available by the Legislature
for purposes of the fund.
(2) Any moneys that the department receives in repayment of loans
made from the fund, including any interest thereon.
(3) Any other moneys that may be made available to the department
for the purposes of this chapter from any other source or sources.
(4) Moneys transferred or deposited to the fund pursuant to
Sections 50661.5 and 50778.
(c) Notwithstanding any other provision of law, any interest or
other increment earned by the investment or deposit of moneys
appropriated by subdivision (b) of Section 3 of Chapter 2 of the
Statutes of the 1987-88 First Extraordinary Session, or Section 7 of
Chapter 4 of the Statutes of the 1987-88 First Extraordinary Session,
shall be deposited in a special account in the Housing
Rehabilitation Loan Fund and shall be used exclusively for purposes
of Sections 50662.5 and 50671.
(d) Notwithstanding any other provision of law, effective with
the date of the act adding this subdivision, appropriations
authorized by the Budget Act of 1996 for support of the Department of
Housing and Community Development from the California Disaster
Housing Repair Fund and the California Homeownership Assistance Fund
shall instead be authorized for expenditure from the Housing
Rehabilitation Loan Fund.
SEC. 5. Section 50716 is added to the Health and Safety Code, to
read:
50716. (a) Notwithstanding any other law, to respond to the state
of emergency proclaimed by the Governor on January 17, 2014, the
department shall, directly or through contracts, make the Office of
Migrant Services centers available for rent by persons or families
experiencing economic hardships as a result of the drought. This may
include, but is not limited to, extending the period of occupancy
prior to or beyond the standard 180-day period and redefining persons
and families eligible to occupy the centers. To the extent feasible,
the department shall give preference to persons and families that
meet existing program criteria.
(b) The department may adopt program guidelines to implement this
section. Any rule, policy, or standard of general application
employed by the department in implementing the provisions of this
section shall not be subject to the requirements of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 6. Section 10201.5 of the Unemployment Insurance Code is
amended to read:
10201.5. With respect to funding appropriated in the annual
Budget Act to the Employment Development Department for allocation by
the Employment Training Panel and identified for training of workers
in regions suffering from high unemployment and low job creation or
regions identified in a proclamation of a state of emergency issued
by the Governor under the California Emergency Services Act (Chapter
7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code), the panel, notwithstanding subdivision (f) of
Section 10201, may waive the minimum wage requirements included in
that subdivision provided that the post-retention wage of each
trainee who has completed training and the required training period
exceeds his or her wage before and during training. This
determination shall be made on a case-by-case basis to ensure that
post-training improvements in earnings are sufficient to warrant the
investment of public funds.
SEC. 7. Section 10214.5 of the Unemployment Insurance Code is
amended to read:
10214.5. (a) The panel may allocate up to 15 percent of the
annually available training funds for the purpose of funding special
employment training projects that improve the skills and employment
security of frontline workers, as defined in subdivision (a) of
Section 10200. Notwithstanding any other provision of this chapter,
participants in these projects are not required to meet the
eligibility criteria set forth in paragraph (1) of subdivision (a) of
Section 10200 or subdivision (c) of Section 10201.
(b) The panel shall, on an annual basis or as needed in response
to a proclamation of a state of emergency issued by the Governor
under the California Emergency Services Act (Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government Code),
identify industries and occupations that shall be priorities for
funding under this section. Training shall be targeted, but not
limited, to frontline workers who earn at least the state average
hourly wage.
(c) The panel may waive the minimum wage provisions pursuant to
subdivision (f) of Section 10201 for projects in regions of the state
where the unemployment rate is significantly higher than the state
average or regions identified in a proclamation of a state of
emergency issued by the Governor under the California Emergency
Services Act (Chapter 7 (commencing with Section 8550) of Division 1
of Title 2 of the Government Code), and also may waive the employment
retentions provisions specified in subdivision (f) of Section 10209
and instead require that the trainee has been retained in employment
for a minimum of 90 days out of 120 consecutive days after the end of
training with no more than three employers.
(d) (1) The panel may allocate funds pursuant to subdivision (a)
to increase the productivity and extended employment retention of
workers in the state's major seasonal industries.
(2) In funding special employment training projects for this
purpose, the panel may do all of the following:
(A) When the amount of the postretention wages of each trainee who
has completed training exceeds the amount of wages that the trainee
earned before and during training, waive the minimum wage
requirements set forth in subdivision (f) of Section 10201.
(B) Waive the employment retention requirements set forth in
subdivision (f) of Section 10209 and instead require that the trainee
be retained in employment for not less than 500 hours within the
12-month period following the completion of the training.
(C) When the panel finds that the training is necessary to achieve
the objectives of vocational training, waive the limitation on
job-related basic and literacy skills training set forth in
subdivision (a) of Section 10209.
(3) For purposes of this section, "major seasonal industries"
means eligible employers who satisfy all of the following
requirements:
(A) Have a workforce comprised of at least 50 percent of workers
whose employment period is necessarily cyclical, including, but not
limited to, businesses directly involved in the harvesting, packing,
or processing of goods or products.
(B) Have retained at least 50 percent of the same seasonal
employees for at least one season of not less than 500 hours for the
preceding 12-month period.
(C) Pay wages and provide benefits that exceed industry averages.
(e) The panel shall adopt minimum standards for consideration of
proposals to be funded pursuant to this section.
(f) The panel may select contracts funded under this section based
on competitive bidding.
(g) It is the intent of the Legislature in providing the authority
for these projects that the panel allocate these funds in a manner
consistent with the objectives of this chapter as provided in Section
10200.
SEC. 8. Section 10214.6 of the Unemployment Insurance Code is
amended to read:
10214.6. (a) The panel shall develop and publish guidelines for
the purpose of supporting and implementing one or more alternative
fund programs to reimburse the cost of training consistent with the
purposes of this part, using funds from a source other than the
employment training tax. The alternative funds may be from any
federal, state, or local governmental entity, as appropriated in
statute or other means. The guidelines shall include adequate fiscal
and accounting controls, as prescribed in subdivision (f) of Section
10205.
(b) The panel may adopt any regulations necessary to implement
this section, but any regulations so adopted are exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(c) The panel may solicit proposals and enter into contracts or
other agreements to secure funding for the purposes of this section,
but those proposals, contracts, and agreements shall be exempt from
any competitive bidding requirements otherwise prescribed in statute.
SEC. 9. 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) The Attorney General, upon request of the board, shall
institute in the superior court in and for any county where the
diversion or use is threatened, is occurring, or has occurred an
action for the issuance of injunctive relief as may be warranted by
way of temporary restraining order, preliminary injunction, or
permanent injunction.
(c) Any person or entity committing a trespass as defined in this
section may be liable in an amount not to exceed the following:
(1) If the unauthorized diversion or use occurs in a critically
dry year immediately preceded by two or more consecutive below
normal, dry, or critically dry years or 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 drought conditions, the sum of the following:
(A) One thousand dollars ($1,000) for each day in which the
trespass occurs.
(B) Two thousand five hundred dollars ($2,500) for each acre-foot
of water diverted or used in excess of that diverter's water rights.
(2) If the unauthorized diversion or use is not described by
paragraph (1), five hundred dollars ($500) for each day in which the
unauthorized diversion or use occurs.
(d) Civil liability for a violation of this section may be imposed
by the superior court or the board as follows:
(1) The superior court may impose civil liability in an action
brought by the Attorney General, upon request of the board, to
impose, assess, and recover any sums pursuant to subdivision (c). 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 the corrective action, if any, taken by the
violator.
(2) The board may impose civil liability in accordance with
Section 1055.
(e) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
(f) The remedies prescribed in this section are cumulative and not
alternative.
SEC. 10. Section 1058.5 of the Water Code is amended to read:
1058.5. (a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
(1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion, of water, to promote water recycling or water
conservation, to require curtailment of diversions when water is not
available under the diverter's priority of right, or in furtherance
of any of the foregoing, to require reporting of diversion or use or
the preparation of monitoring reports.
(2) The emergency regulation is adopted in response to conditions
which exist, or are threatened, in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or 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 drought conditions.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, any findings of emergency adopted by the board, in connection
with the adoption of an emergency regulation under this section, are
not subject to review by the Office of Administrative Law.
(c) An emergency regulation adopted by the board under this
section may remain in effect for up to 270 days, as determined by the
board, and is deemed repealed immediately upon a finding by the
board that due to changed conditions it is no longer necessary for
the regulation to remain in effect. An emergency regulation adopted
by the board under this section may be renewed if the board
determines that the conditions specified in paragraph (2) of
subdivision (a) are still in effect.
(d) In addition to any other applicable civil or criminal
penalties, any person or entity who violates a regulation adopted by
the board pursuant to this section is guilty of an infraction
punishable by a fine of up to five hundred dollars ($500) for each
day in which the violation occurs.
SEC. 11. 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, Article 4 (commencing
with Section 1845) of Chapter 12, or 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. 12. 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, 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.
(e) This article shall not authorize the board to regulate in any
manner, the diversion or use of water not otherwise subject to
regulation of the board under this part.
SEC. 13. 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) A person or entity who violates a cease and desist order
issued pursuant to this chapter may be liable in an amount not to
exceed the following:
(A) If the violation occurs in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or 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 drought conditions, ten
thousand dollars ($10,000) for each day in which the violation
occurs.
(B) If the violation is not described by subparagraph (A), one
thousand dollars ($1,000) for each day in which the violation occurs.
(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 the
corrective action, if any, taken by the violator.
(d) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
SEC. 14. Section 1846 is added to the Water Code, 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 adopted by the board under Section 1058.5 or an
order adopted by the board.
(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 of civil liability, the
court, pursuant to subdivision (b), or the board, pursuant to
subdivision (c), may 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 the
corrective action, if any, taken by the violator.
(e) No liability shall be recoverable under this section for any
violation for which liability is recovered under Section 1052.
(f) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
(g) This section applies only in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically
dry years or 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 drought conditions.
SEC. 15. Section 13562.5 is added to the Water Code, to read:
13562.5. Notwithstanding any other law, no later than June 30,
2014, the department shall adopt, by emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, requirements for
groundwater replenishment using recycled water. The adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of
the public peace, health, safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, emergency
regulations adopted by the department pursuant to this section shall
not be subject to review by the Office of Administrative Law and
shall remain in effect until revised by the department.
SEC. 16. Water conservation and drought response projects funded
by the provisions of this act, or the act described in Section 19,
shall, to the extent feasible and appropriate, use the services of
the California Conservation Corps or certified community conservation
corps, as defined in Section 14507.5 of the Public Resources Code.
SEC. 17. 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.
SEC. 18. Of the funds made available pursuant to Division 43
(commencing with Section 75001) of the Public Resources Code, the sum
of four hundred seventy-two million five hundred thousand dollars
($472,500,000) is hereby appropriated pursuant to Section 75026 of
the Public Resources Code as follows:
(a) Two
hundred million dollars ($200,000,000) shall be available to the
Department of Water Resources for integrated regional water
management grants through an expedited solicitation round for
projects that provide immediate regional drought preparedness,
increase local water supply reliability and the delivery of safe
drinking water, assist water suppliers and regions to implement
conservation programs and measures that are not locally
cost-effective, or reduce water quality conflicts or ecosystem
conflicts created by the drought. The Department of Water Resources
shall consult with the State Department of Public Health on what
emergency drinking water projects may be further expedited through
these funds.
(b) Two hundred seventy-two million five hundred thousand dollars
($272,500,000), shall be available to the Department of Water
Resources for integrated regional water management grants.
Notwithstanding Section 75100 of the Public Resources Code, the
Department of Water Resources may expend up to twenty-one million
eight hundred thousand dollars ($21,800,000) of the funds
appropriated pursuant to this paragraph for projects submitted prior
to the enactment of this section.
SEC. 19. This act shall become operative only if Assembly Bill 79
or Senate Bill 103 of the 2013-14 Regular Session is enacted as
amending the Budget Act of 2013.
SEC. 20. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.