BILL NUMBER: SB 814	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 17, 2016

INTRODUCED BY   Senator Hill

                        JANUARY 4, 2016

   An act to amend Section 6254.16 of the Government Code, and to add
Chapter 3.3 (commencing with Section 365) to Division 1 of the Water
Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 814, as amended, Hill. Drought: excessive water use: urban
retail water suppliers.
   The California Constitution  requires the reasonable and
beneficial use of water.   declares the policy that the
water resources of the state be put to beneficial use to the fullest
extent of which they are capable, that the waste or unreasonable use
or unreasonable method of use of water be prevented, and that the
conservation of such waters is to be exercised with a view to the
reasonable and beneficial use of the waters in the interest of the
people and for the public welfare.  Existing law requires the
Department of Water Resources and the State Water Resources Control
Board to take all appropriate proceedings or actions to prevent
waste, unreasonable use, unreasonable method of use, or unreasonable
method of diversion of water in this state. Existing law authorizes
any public entity, as defined, that supplies water at retail or
wholesale for the benefit of persons within the service area or area
of jurisdiction of the public entity to, by ordinance or resolution,
adopt and enforce a water conservation program to reduce the quantity
of water used for the purpose of conserving the water supplies of
the public entity. Existing law provides that a violation of a
requirement of a water conservation program is a misdemeanor
punishable by imprisonment in  the   a 
county jail for not more than 30 days, or by  a  fine not
exceeding $1,000, or both.
   This bill would declare that excessive water  use, as
defined by each urban retail water supplier, is a waste or
unreasonable use of water. This bill would prohibit excessive water
use by a residential customer and   use during a state
of emergency based on drought conditions by a residential customer,
as specified, is prohibited. This bill would require each urban
retail water supplier to establish a method to identify and restrict
excessive water use. This bill would authorize as a method to
identify and restrict excessive water use the establishment of a
  rate structure that includes block tiers, water budgets,
penalties for prohibited uses, or rate surcharges over and above base
rates for excessive water use by residential customers. This bill
 would  authorize as a method to identify and restrict
excessive water use the establishment of an excessive water use
ordinance, rule, or tariff condition that includes a definition of
excessive water use, as prescribed, and would  make a violation
of this  prohibition   excessive water use
ordinance, rule, or tariff condition  an infraction punishable
by a fine of at least $500 per 100 cubic feet of water  or per
748 gallons  used above the excessive water use 
definition   threshold established by the urban retail
water supplier  in a billing cycle. By creating a new
infraction, this bill would impose a state-mandated local program.
 
   This bill would provide that these provisions apply only during a
period for which the Governor has issued a proclamation of a state of
emergency based on drought conditions.
   The California Public Records Act requires that public records, as
defined, be open to inspection at all times during the hours of a
state or local agency and that every person has a right to inspect
any public record, with specified exceptions. Existing law prohibits
the act from being construed to require the disclosure of certain
information concerning utility customers of local agencies, 
with specified exceptions.   except that disclosure of
the name, utility usage data, and the home address of the utility
customer who is the subject of the request and who the local agency
has determined has used utility services in a manner inconsistent
with applicable local utility usage policies is required to be made
available. 
   This bill would  require certain information about
residential customers that violate the prohibition on excessive water
use to be made available under the act upon request.  
revise this exception to require, upon request, the disclosure of the
name and utility usage data of a utility customer who a local agency
determines has used utility services in a manner inconsistent with
applicable local utility usage policies, with the home address of the
customer being disclosed only with the customer's consent.  By
increasing the duties of local officials, the bill would impose a
state-mandated local program.
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings if that enactment contains findings
demonstrating that the enactment furthers the constitutional
requirements relating to this purpose.
   This bill would make legislative findings to that effect.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6254.16 of the Government Code is amended to
read:
   6254.16.  Nothing in this chapter shall be construed to require
the disclosure of the name, credit history, utility usage data, home
address, or telephone number of utility customers of local agencies,
except that disclosure of name, utility usage data, and the home
address of utility customers of local agencies shall be made
available upon request as follows:
   (a) To an agent or authorized family member of the person to whom
the information pertains.
   (b) To an officer or employee of another governmental agency when
necessary for the performance of its official duties.
   (c) Upon court order or the request of a law enforcement agency
relative to an ongoing investigation.
   (d) Upon determination by the local agency that  the
  a  utility customer  who is the subject
of the request  has used utility services in a manner
inconsistent with applicable local utility usage  policies.
  policies, if the home address of the customer is not
disclosed without the customer's consent. 
   (e) Upon determination by the local agency that the utility
customer who is the subject of the request is an elected or appointed
official with authority to determine the utility usage policies of
the local agency, provided that the home address of an appointed
official shall not be disclosed without his or her consent.
   (f) Upon determination by the local agency that the public
interest in disclosure of the information clearly outweighs the
public interest in nondisclosure. 
   (g) Regarding residential customers that violate the prohibition
on excessive water use described in Section 367 of the Water Code.

  SEC. 2.  Chapter 3.3 (commencing with Section 365) is added to
Division 1 of the Water Code, to read:
      CHAPTER 3.3.  EXCESSIVE RESIDENTIAL WATER USE DURING DROUGHT


   365.  (a) The Legislature finds and declares that this chapter
 is in furtherance of Section 2 of Article X of the
California Constitution as intended to prevent the unreasonable use
or the waste of water and to protect   furthers
important state policies of encouraging water conservation and
protecting  water resources in the interest of the people and
for the public welfare.
   (b) For the purposes of this chapter, "urban retail water supplier"
has the same meaning as provided in Section 10608.12. 
   366.  (a) (1) Each urban retail water supplier shall establish a
definition of excessive water use by a customer of the urban retail
water supplier that considers, but is not necessarily limited to
addressing, all of the following factors:
   (A) Average daily use.
   (B) Full-time occupancy of households.
   (C) Amount of landscaped land on a property.
   (D) Rate of evapotranspiration.
   (2) An urban retail water supplier may also consider seasonal
weather changes when establishing a definition of excessive water use
by a customer of the urban retail water supplier.
   (b) An urban retail water supplier shall define and measure
excessive water use in terms of hundreds of cubic feet of water used
during the water supplier's regular billing cycle.
   (c) An urban retail water supplier shall adopt the definition of
excessive water use and make any other changes necessary to implement
this chapter by adopting a new rule or ordinance or by amending an
existing rule or ordinance relating to drought or water conservation.
 
   367.  (a) Excessive water use is a waste or unreasonable use of
water.
   (b) Excessive water use by a residential customer is prohibited.
   (c) A violation of subdivision (b) is an infraction punishable by
a fine of at least five hundred dollars ($500) per hundred cubic feet
of water used above the excessive water use definition in a billing
cycle. Any fine imposed pursuant to this subdivision shall be added
to the customer's water bill and is due and payable with that water
bill. Each urban retail water supplier shall have a process for
nonpayment of the fine, which shall be consistent with the water
supplier's existing process for nonpayment of a water bill. That
process may include, but is not necessarily limited to, the
imposition of nonpayment penalties, interruption of water service,
and placing of a lien on the customer's real property.
   (d) A violation of subdivision (b) where a demonstrable water leak
at the residence occurred and a fix to that leak is underway shall
not be punishable pursuant to subdivision (c). Other reasonable
justifications for excessive water use shall be considered consistent
with subdivision (e).
   (e) (1) An urban retail water supplier shall establish a process
for the appeal of a violation of subdivision (b) whereby the customer
may contest the imposition of any fine or penalty for excessive
water use.
   (2) As part of the appeal process, the customer shall be provided
with an opportunity to provide evidence of a bona fide reason for the
excessive water use, including evidence of a water leak meeting the
requirements of subdivision (d), a medical reason, or any other
reasonable justification for the water use.  
   366.  (a) Excessive water use during a state of emergency based on
drought conditions by a residential customer in a single-family
residence or by a customer in a multiunit housing complex in which
each unit is individually metered or submetered by the water supplier
is prohibited.
   (b) Each urban retail water supplier shall establish a method to
identify and restrict excessive water use, through one of the
following options:
   (1) Establishing a rate structure that includes block tiers, water
budgets, penalties for prohibited uses, or rate surcharges over and
above base rates for excessive water use by a residential water
customer.
   (2) (A) Establishing an excessive water use ordinance, rule, or
tariff condition, or amending an existing ordinance, rule, or tariff
condition, that includes a definition of excessive water use by
single-family residential customers and customers in multiunit
housing complexes in which each unit is individually metered or
submetered and may include a process to issue written warnings to a
customer and perform a site audit of customer water usage prior to
deeming the customer in violation. Excessive water use shall be
measured in terms of either gallons or hundreds of cubic feet of
water used during the urban retail water supplier's regular billing
cycle. In establishing the definition of excessive use, the water
supplier may consider factors that include, but are not limited to,
all of the following:
   (i) Average daily use.
   (ii) Full-time occupancy of households.
   (iii) Amount of landscaped land on a property.
   (iv) Rate of evapotranspiration.
   (v) Seasonal weather changes.
   (B) A violation of an excessive use ordinance, rule, or tariff
condition established pursuant to subparagraph (A) is an infraction
punishable by a fine of up to five hundred dollars ($500) per hundred
cubic feet of water, or per 748 gallons, used above the excessive
water use threshold established by the urban retail water supplier in
a billing cycle. Any fine imposed pursuant to this subparagraph
shall be added to the customer's water bill and is due and payable
with that water bill. Each urban retail water supplier shall have a
process for nonpayment of the fine, which shall be consistent with
the water supplier's existing process for nonpayment of a water bill.

   (C) A violation of an excessive water use ordinance, rule, or
tariff condition where a demonstrable water leak at the residence
occurred and a repair to eliminate that leak is underway shall be
considered as a basis for granting an appeal and shall be considered
for waiver of the charges consistent with the urban retail water
supplier's excessive water use ordinance and existing policies for
leak adjustments. Other reasonable justifications for excessive water
use shall be considered by the urban retail water supplier
consistent with clause (i) of subparagraph (D).
   (D) (i) An urban retail water supplier shall establish a process
for the appeal of a fine imposed pursuant to subparagraph (B) whereby
the customer may contest the imposition of the fine for excessive
water use.
   (ii) As part of the appeal process, the customer shall be provided
with an opportunity to provide evidence of a bona fide reason for
the excessive water use, including evidence of a water leak in
accordance with subparagraph (C), a medical reason, or any other
reasonable justification for the water use, as determined by the
urban retail water supplier. 
    368.   367.   This chapter applies only
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. 3.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6254.16 of the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   The Legislature finds that it is in the public's interest to be
made aware of excessive water use during a drought in order to help
 prevent the unreasonable use or waste of water 
 promote water conservation and  to protect water resources
in the interest of the people and for the public welfare.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the costs that may be incurred by a local agency or school district
under this act would result from a legislative mandate that is within
the scope of paragraph (7) of subdivision (b) of Section 3 of
Article I of the California Constitution or because the 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.