BILL NUMBER: SB 1146	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Senator Pavley
   (Coauthor: Assembly Member Solorio)

                        FEBRUARY 21, 2012

   An act to amend Section 13752 of the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1146, as amended, Pavley. Wells: reports: public availability.
   Existing law requires a person who digs, bores, or drills a water
well, cathodic protection well, or a monitoring well, or abandons or
destroys a well, or deepens or reperforates a well, to file a report
of completion with the Department of Water Resources. Existing law
prohibits those reports from being made available to the public,
except under certain circumstances.
   This bill would instead require the department to  , upon
request,  make the reports available to the public. The bill
would require the department to provide specified disclaimers when
providing the reports to the public. The bill would also allow the
department to charge a  reasonable  fee  , 
 for the provision of a report, that does not exceed the
reasonable costs to the department of providing the report 
 to recover the cost of reproducing the report and for
compliance   for each release of a report, and would
require the release of a report to comply  with the Information
Practices Act of 1977.  The bill would also require a person who
requests a report to provide his or her name, address, and reason for
making the request. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 13752 of the Water Code is amended to read:
   13752.  (a)  The   Upon request, the 
department shall make available to the public a report  made
 in accordance with paragraph (1) of subdivision (b) of Section
13751.
   (b) When providing a report to the public pursuant to subdivision
(a), the department shall also provide a statement that includes all
of the following:
   (1) The information provided in a report varies in accuracy,
scale, origin, and completeness.
   (2) The information is provided without warranty of the
suitability of the information for any particular purpose.
   (3) Use of the information in the report may require professional
interpretation or judgment.
   (4) Any use of the information provided in a report is at the user'
s own risk.
   (c)  (1)    The department may charge a 
reasonable  fee  to recover the cost of reproducing
the report and for compliance   , for the provision of
a report requested pursuant to subdivision (a), that does not exceed
the reasonable costs to the department of providing the report. 

    (2)     The release of a report in
possession of the department shall comply  with the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code). 
   (d) (1) A person making a request pursuant to subdivision (a)
shall, on a form provided by the department, provide his or her name,
address, and reason for making the request.  
   (2) The department shall maintain copies of the forms submitted
pursuant to paragraph (1) for five years.