BILL ANALYSIS Ó
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 988 HEARING: 3/19/14
AUTHOR: Jackson FISCAL: Yes
VERSION: 2/12/14 TAX LEVY: No
CONSULTANT: Urquiza
INSPECTION WARRANTS
Grants inspection warrant authority to Fox Canyon
Groundwater Management Agency.
Background and Existing Law
The United States Constitution and the California
Constitution prohibit unreasonable searches of people and
houses. The federal courts explain that where there is a
reasonable expectation of privacy, public officials must
obtain warrants before searching private property. Search
warrants must be issued upon probable cause, be supported
by oath or affirmation, and describe the place to be
searched.
State law allows judges to issue administrative inspection
warrants allowing public officials to conduct any
inspection required or authorized by building, fire,
safety, plumbing, electrical, health, labor, or zoning law
or regulation. Administrative inspection warrants are
governed by the Code of Civil Procedures. An affidavit for
the warrant must contain a statement that consent to
inspect was sought and refused or facts that justify
failing to seek consent. Unless state or federal law makes
another standard applicable, courts issue inspection
warrants only if either:
Reasonable legislative or administrative standards
for conducting a routine or area inspection are
satisfied, or
There is reason to believe that a condition of
non-conformity exists with respect to the particular
place to be inspected.
State law authorizes numerous special districts to inspect
facilities on private property with an administrative
inspection warrant to investigate ordinance violations.
SB 988 -- 2/12/14 -- Page 2
Special districts that can obtain inspection warrants
include:
Regional water quality control boards (AB 413,
Porter, 1969).
Municipal utility districts (AB 2350, Fong, 1971).
Air pollution districts (AB 1758, Lewis, 1975).
Public utilities districts (AB 376, Bustamante,
1995).
County water districts (AB 376, Bustamante, 1995).
Water districts (AB 376, Bustamante, 1995).
Municipal water districts (AB 376, Bustamante,
1995).
When public officials are seeking evidence of criminal
activity under an administrative inspection warrant, the
warrant must be obtained by showing the traditional
probable cause required when judges issue warrants pursuant
to the Penal Code. AB 376 (Bustamante, 1995) required
public utilities districts, county water districts, water
districts, and municipal water districts to show probable
cause to obtain inspection warrants regardless of whether
they are looking for criminal activity. The 1995 bill set
this higher standard due to the concern that special
districts might use administrative inspection warrants to
circumvent the probable cause standard for warrants seeking
evidence of criminal activity.
The Fox Canyon Ground Water Management Agency (FCGMA) is a
special act special district created in 1982 to preserve
and manage groundwater resources in the Fox Canyon Aquifer
(AB 2995, Imbrecht, 1982). The Agency has management
jurisdiction over 1,200 wells in southern Ventura County.
FCGWA requires all well owners with extraction facilities
within the Agency's boundaries to register their wells with
FCGMA, self-report groundwater extraction to FCGMA, and pay
an extraction charge. FCGMA plans to implement a well
inspection program to verify the accuracy of information
submitted through its self-reporting program for
groundwater extraction and meter calibration.
State law does not explicitly allow FCGMA employees to
access private property to monitor wells. If a property
owner refuses to allow access to a property, the Agency's
only recourse is to seek an injunction against the property
owner. An injunction requires a showing of irreparable
harm, and it is questionable whether a judge would issue an
SB 988 -- 2/12/14 -- Page 3
injunction based on the level of evidence that FCGMA could
provide without inspecting the well. FCGMA officials want
the authority to obtain an administrative inspection
warrants when a well operator denies access to private
property.
Proposed Law
Senate Bill 988 allows Fox Canyon Groundwater Management
Agency to inspect any groundwater extraction facility
within the Agency's boundaries with the consent of the
facility operator or, if consent is refused, with an
inspection warrant duly issued pursuant to the specific
statutes in the Code of Civil Procedures.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . As more water is withdrawn from
the aquifer that it manages, FCGMA wants to accurately
monitor how much is being used. FCGMA wants to establish a
more robust well inspection program to fill data gaps of
inaccurate reporting and verify the amount of groundwater
being extracted. FCGMA argues that not having the explicit
authority to inspect wells and check for compliance hinders
its ability to verify information necessary to manage the
groundwater resources under its jurisdiction. SB 988 gives
FCGMA the authority to inspect groundwater wells to help
the Agency better manage the local groundwater basin.
2. A higher standard ? AB 376 (Bustamante, 1995) set a
higher standard for some special districts to obtain
inspection warrants by requiring those districts to show
probable cause. SB 988 authorizes Fox Canyon Groundwater
Management Agency to obtain an inspection warrant with the
more lenient requirements that apply to air pollution
districts, municipal utility districts, and regional water
quality control boards. The committee may wish to consider
whether FCGMA's inspection program justifies giving FCGMA
inspection warrant authority without the probable cause
SB 988 -- 2/12/14 -- Page 4
requirement that applies to some other special districts.
3. Precedent . According to the California Department of
Water Resources, there are 13 other special act districts
with groundwater management authority in California.
Granting FCGMA inspection warrant authority may invite
other groundwater management districts to request the same
authority in the future.
4. Mandate . Because the refusal of an inspection lawfully
authorized by inspection warrant is a misdemeanor, SB 988
creates a state-mandate local program by expanding the
application of a crime. The bill disclaims the state's
responsibility for reimbursing local government for
enforcing these new crimes. That's consistent with the
California Constitution, which says that the state does not
have to reimburse local government for the costs of new
crimes (Article XIIIB, 6[a][2]).
Support and Opposition (3/13/14)
Support : Fox Canyon Groundwater Management Agency; County
of Ventura; California Farm Bureau Federation.
Opposition : Unknown.