Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2515

Introduced by Assembly Member Weber

February 19, 2016

begin delete An act to amend Section 20200 of the Water Code, relating to water. end delete begin insert An act to amend Section 1058.5 of the Water Code, relating to water. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2515, as amended, Weber. begin delete Water districts: financial supervision. end delete begin insert State Water Resources Control Board: emergency conservation regulations. end insert

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Under existing law, emergency regulations of the State Water Resources Control Board are not subject to review by the Office of Administrative Law if the state board adopts findings that the emergency regulations are 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, and that the emergency regulations are 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 of a state of emergency based on drought conditions. Under existing law, a person who violates an emergency regulation adopted by the state board pursuant to these provisions is guilty of an infraction punishable by a fine of up to $500 for each day in which the violation occurs.

end insert begin insert

This bill would require that an emergency conservation regulation to conserve water adopted by the board be applicable on a county-by-county basis in order to give specific consideration to the facts and circumstances prevailing within each county.

end insert begin delete

Existing law provides for the compensation of members of a board of directors of a water district, as defined.

end delete begin delete

This bill would make a technical, nonsubstantive change in the definition of a water district.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1058.5 of the end insert begin insert Water Code end insert begin insert is amended to
read: end insert

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.

(e) (1) Notwithstanding subdivision (b) of Section 1551,
subdivision (d) of Section 1845, and subdivision (f) of Section
1846, a civil liability imposed under Chapter 12 (commencing
with Section 1825) of Part 2 of Division 2 by the board or a court
for a violation of an emergency conservation regulation adopted
pursuant to this section shall be deposited, and separately accounted
for, in the Water Rights Fund. Funds deposited in accordance with
this subdivision shall be available, upon appropriation, for water
conservation activities and programs.

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(2) An emergency conservation regulation to conserve water
adopted by the board shall be applicable on a county-by-county
basis in order to give specific consideration to the facts and
circumstances prevailing within each county.

end insert begin delete

(2)

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begin insert (3) end insert  For purposes of this subdivision, an “emergency conservation
regulation” means an emergency regulation that requires an end
user of water, a water retailer, or a water wholesaler to conserve
water or report to the board on water conservation. Water
conservation includes restrictions or limitations on particular uses
of water or a reduction in the amount of water used or served, but
does not include curtailment of diversions when water is not
available under the diverter’s priority of right or reporting
requirements related to curtailments.

begin delete

SECTION 1.  

Section 20200 of the Water Code is amended to
read:

20200.  

As used in this chapter, “water district” means a district
or other political subdivision, other than a city or county, a primary
function of which is the irrigation, reclamation, or drainage of land
or the diversion, storage, management, or distribution of water
primarily for domestic, municipal, agricultural, industrial,
recreation, fish and wildlife enhancement, flood control, or power
production purposes. “Water districts” include, but are not limited
to, irrigation districts, county water districts, California water
districts, water storage districts, reclamation districts, county
waterworks districts, drainage districts, water replenishment
districts, levee districts, municipal water districts, water
conservation districts, community services districts, water
management districts, flood control districts, flood control and
floodwater conservation districts, flood control and water
conservation districts, water management agencies, water agencies,
and public utility districts formed pursuant to Division 7
(commencing with Section 15501) of the Public Utilities Code.

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