Amended in Assembly June 6, 2016

Amended in Senate March 30, 2016

Amended in Senate March 17, 2016

Senate BillNo. 814


Introduced by Senator Hill

January 4, 2016


An act 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 usebegin delete during a state of emergency based on drought conditionsend delete by a residential customer, as specified, isbegin delete prohibited.end deletebegin insert prohibited, if during a period when certain conditions exist, as prescribed.end insert This bill would require each urban retail water supplier to establish a method to identify andbegin delete restrictend deletebegin insert discourageend insert excessive water use. This bill would authorize as a method to identify and begin deleterestrictend deletebegin insert discourageend insert excessive water use the establishment of a rate structure that includes block tiers, water budgets,begin delete penalties for prohibited uses,end delete or rate surcharges over and above base rates for excessive water use by residential customers. This bill would authorize as a method to identify andbegin delete restrictend deletebegin insert discourageend insert excessive water use the establishment of an excessive water use ordinance, rule, or tariff condition that includes a definition ofbegin insert or procedure to identify and addressend insert excessive water use, as prescribed, and would make a violation of this excessive water use ordinance, rule, or tariff condition anbegin delete 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.end deletebegin insert infraction or administrative civil penalty and would authorize the penalty for a violation to be based on conditions identified by the urban retail water supplier.end insert By creating a new infraction, this bill would impose a state-mandated local program.

begin delete

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.

end delete

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:

P2    1

SECTION 1.  

Chapter 3.3 (commencing with Section 365) is
2added to Division 1 of the Water Code, to read:

 

P3    1Chapter  3.3. Excessive Residential Water Use During
2Drought
3

 

4

365.  

(a) The Legislature finds and declares that this chapter
5furthers important state policies of encouraging water conservation
6and protecting water resources in the interest of the people and for
7the public welfare.

8(b) For the purposes of this chapter, “urban retail water supplier”
9has the same meaning as provided in Section 10608.12.

10

366.  

(a) Excessive water use duringbegin delete a state of emergency based
11on drought conditionsend delete
begin insert periods described in Section 367end insert by a
12residential customer in a single-family residence or by a customer
13in a multiunit housing complex in which each unit is individually
14metered or submetered by thebegin insert urban retailend insert water supplier is
15prohibited.

16(b) Each urban retail water supplier shall establish a method to
17identify andbegin delete restrictend deletebegin insert discourageend insert excessive water use, through one
18of the following options:

19(1) Establishing a ratebegin delete structureend deletebegin insert structure, subject to applicable
20constitutional and statutory limitations, end insert
that includes block tiers,
21water budgets,begin delete penalties for prohibited uses,end delete or rate surcharges
22over and above base rates for excessive water use by a residential
23water customer.

24(2) (A) Establishing an excessive water use ordinance, rule, or
25tariff condition, or amending an existing ordinance, rule, or tariff
26condition, that includes a definition ofbegin insert or a procedure to identify
27and addressend insert
excessive water use bybegin insert meteredend insert single-family
28residential customers and customers in multiunit housing
29complexes in which each unit is individually metered or
30submetered and may include a process to issue written warnings
31to a customer and perform a site audit of customer water usage
32prior to deeming the customer in violation. Excessive water use
33shall be measured in terms of either gallons or hundreds of cubic
34feet of water used during the urban retail water supplier’s regular
35billing cycle. In establishing the definition of excessive use, the
36begin insert urban retailend insert water supplier may consider factors that include, but
37are not limited to, all of the following:

38(i) Average daily use.

39(ii) Full-time occupancy of households.

40(iii) Amount of landscaped land on a property.

P4    1(iv) Rate of evapotranspiration.

2(v) Seasonal weather changes.

3(B) A violation of an excessive use ordinance, rule, or tariff
4condition established pursuant to subparagraph (A)begin delete isend deletebegin insert shall result
5inend insert
an infractionbegin delete punishable byend deletebegin insert or administrative civil penalty. The
6penalty for a violation may be based on conditions identified by
7the urban retail water supplier and may include, but is not limited
8to,end insert
a fine of up to five hundred dollars ($500)begin delete perend deletebegin insert for eachend insert hundred
9cubic feet of water, orbegin delete perend delete 748 gallons, used above the excessive
10water use threshold established by the urban retail water supplier
11in a billing cycle. Any fine imposed pursuant to this subparagraph
12shall be added to the customer’s water bill and is due and payable
13with that water bill. Each urban retail water supplier shall have a
14process for nonpayment of the fine, which shall be consistent with
15begin insert due process and reasonably similar toend insert the water supplier’s existing
16process for nonpayment of a water bill.

begin delete

17(C) A violation of an excessive water use ordinance, rule, or
18tariff condition where a demonstrable water leak at the residence
19occurred and a repair to eliminate that leak is underway shall be
20considered as a basis for granting an appeal and shall be considered
21for waiver of the charges consistent with the urban retail water
22supplier’s excessive water use ordinance and existing policies for
23leak adjustments. Other reasonable justifications for excessive
24water use shall be considered by the urban retail water supplier
25 consistent with clause (i) of subparagraph (D).

26(D)

end delete

27begin insert(end insertbegin insertC)end insert (i) begin deleteAn end deletebegin insertConsistent with due process, an end inserturban retail water
28supplier shall establish a processbegin insert and conditionsend insert for the appeal of
29a fine imposed pursuant to subparagraph (B) whereby the customer
30may contest the imposition of the fine for excessive water use.

31(ii) As part of the appeal process, the customer shall be provided
32with an opportunity to provide evidence of a bona fide reason for
33the excessive water use, including evidence of a waterbegin delete leak in
34accordance with subparagraph (C),end delete
begin insert leak,end insert a medical reason, or any
35other reasonable justification for the water use, as determined by
36the urban retail water supplier.

begin insert

37
(c) (1) The provisions of subdivision (b) do not apply to an
38urban retail water supplier that is not fully metered in accordance
39with Section 527. An urban retail water supply shall comply with
40the provisions of subdivision (b) when all of the water supplier’s
P5    1residential water service connections are being billed based on
2metered water usage.

end insert
begin insert

3
(2) An urban retail water supplier that is not fully metered shall
4prohibit water use practices by an ordinance, resolution, rule, or
5tariff condition that imposes penalties for prohibited uses of water
6supplied by the water supplier. The urban retail water supplier
7may include a process to issue written warnings prior to imposing
8penalties as well as increased penalty amounts for successive
9violations.

end insert
10

367.  

begin insert(a)end insertbegin insertend insert This chapter applies onlybegin delete duringend deletebegin insert as follows:end insert

11begin insert(1)end insertbegin insertend insertbegin insertDuringend insert a period for which the Governor has issued a
12proclamation of a state of emergency under the California
13Emergency Services Act (Chapter 7 (commencing with Section
148550) of Division 1 of Title 2 of the Government Code) based on
15
begin delete drought conditions.end deletebegin insert statewide drought conditionsend insertbegin insert to an urban retail
16water supplier that has moved to a stage of action in response to
17a local water supply shortage condition under the water supplier’s
18contingency plan pursuant to paragraph (1) of subdivision (a) of
19Section 10632 that requires mandatory water use reductions.end insert

begin insert

20
(2) To an urban retail water supplier during a period in which
21the water supplier has moved to a stage of action in response to
22a local water supply shortage condition under the water supplier’s
23contingency plan pursuant to paragraph (1) of subdivision (a) of
24Section 10632 that requires mandatory water use reductions.

end insert
begin insert

25
(3) To an urban retail water supplier affected during a period
26for which the Governor has issued a proclamation of a state of
27emergency under the California Emergency Services Act (Chapter
287 (commencing with Section 8550) of Division 1 of Title 2 of the
29Government Code) based on local drought conditions.

end insert
begin insert

30
(b) The provisions of this chapter are in addition to, and do not
31supersede or limit, any other measures or remedies implemented
32by an urban retail water supplier.

end insert
33

SEC. 2.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P6    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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