BILL NUMBER: AB 2515 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Weber
FEBRUARY 19, 2016
An act to amend Section 20200 of the Water Code, relating
to water. An act to amend Section 1058.5 of the Water
Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2515, as amended, Weber. Water districts: financial
supervision. State Water Resources Control Board:
emergency conservation regulations.
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.
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.
Existing law provides for the compensation of members of a board
of directors of a water district, as defined.
This bill would make a technical, nonsubstantive change in the
definition of a water district.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
(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.
(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.
(2)
(3) 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.
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.