BILL ANALYSIS                                                                                                                                                                                                    ”

                                                                     SB 814

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          814 (Hill)

          As Amended  June 21, 2016

          Majority vote

          SENATE VOTE:  23-11

          |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 HernŠndez,      |                    |
          |                |     |Holden, Quirk,        |                    |
          |                |     |Santiago, Weber, Wood |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |


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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  

          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  

          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  

             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  

          Analysis Prepared by:                                             
                          Ryan Ojakian / W., P., & W. / (916) 319-2096   
          FN: 0003596


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