BILL NUMBER: SB 814	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2016
	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 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 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 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 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 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, 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 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.  
   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 a utility customer
has used utility services in a manner inconsistent with applicable
local utility usage 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. 
   SEC. 2.   SECTION 1.   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
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) 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.
   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
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. 

   SEC. 2.    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.