BILL ANALYSIS Ó
SB 814
Page 1
SENATE THIRD READING
SB
814 (Hill)
As Amended June 21, 2016
Majority vote
SENATE VOTE: 23-11
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Water |9-4 |Levine, Dodd, Eggman, |Gallagher, Bigelow, |
| | |Cristina Garcia, |Harper, Olsen |
| | |Gomez, Lopez, Medina, | |
| | |Salas, Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |12-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonta, Calderon, |Gallagher, Jones, |
| | |Daly, Eggman, |Obernolte, Wagner |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Holden, Quirk, | |
| | |Santiago, Weber, Wood | |
| | | | |
| | | | |
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SB 814
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SUMMARY: Prohibits excessive water use by a residential
customer during statewide or local emergency drought conditions
and requires urban retail water suppliers to establish a method
to identify and discourage excessive water use. Specifically,
this bill:
1)Prohibits excessive water use by residential customers in
single-family residence or in multiunit housing that is
individually metered or submetered by the urban water
supplier.
2)Requires an urban retail water supplier to establish a method
to identify and discourage excessive water use through a rate
structure or by ordinance, rule, tariff condition, or
procedure.
3)Applies specific conditions to how an ordinance, rule, tariff
condition, or procedure developed by an urban retail water
supplier must apply in fully metered service areas.
EXISTING LAW:
1)Declares, in the California Constitution, that:
a) The water resources of the state are to be put to
beneficial use to the fullest extent of which they are
capable.
b) The waste or unreasonable use or unreasonable method of
use of water is to be prevented.
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c) 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.
1)Authorizes any public entity that supplies water at retail or
wholesale 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.
2)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.
3)Requires urban water management plans to, among other things,
include a water shortage contingency analysis that has stages
of action to be taken in response to water supply shortages.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, negligible if any state costs.
COMMENTS: Originally in response to drought beginning in 2014
and now permanently, a fine of up to $500 may be assessed for
wasteful water use that includes:
1)Using a hose to wash a car without an automatic shutoff valve,
2)Washing down a driveway or sidewalk,
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3)Watering outdoor landscaped area within 48 hours of a
measurable rain event,
4)Watering lawns in a manner that causes runoff, or
5)Watering outdoor landscapes on the wrong day or during the
wrong time of day.
There are 411 urban water suppliers in the state and since June
of 2015, according to the State Resources Water Control Board,
they have issued an average of 8,900 penalties per month for
either water waste or drought surcharges. Despite these fines
on typical water users there is no requirement for penalties on
individuals who are heavy water users.
While local agencies can prohibit excessive water use, this bill
makes it a requirement that there is a process to do so when
there are local water shortage conditions. This bill allows
local discretion in the development of the identification and
enforcement that occurs locally against excessive water use.
While there is limited anecdotal evidence, several newspaper
articles suggest that, when penalties on heavy water users have
been put in place there has been a significant increase in water
conservation.
Analysis Prepared by:
Ryan Ojakian / W., P., & W. / (916) 319-2096
FN: 0003596
SB 814
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