BILL NUMBER: SB 1146	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 9, 2012
	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 
 authorize  the department to charge a fee for the provision
of a report to recover the department's costs, that does not exceed
the reasonable costs to the department of providing the report
 , and   . The bill  would require the
release of a report to comply with the Information Practices Act of
1977  and would require the department to redact from the report
specified information pertaining to the well owner  . The bill
would  also  require a person who requests a report
to provide his or her name, address,  id   entification
number from a government-issued source, as provided,  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) 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 fee for the provision of a
report to recover the department's costs, that does not exceed the
reasonable costs to the department of providing the report pursuant
to this section.  These costs may include the costs of
promulgating regulations to implement this section. 
   (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). 
   (3) Prior to releasing a report pursuant to this section, the
department shall redact from the report the name and address of the
well owner. 
   (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,  identification number from an identification card
issued pursuant to Section 13000 of the Vehicle Code,  
driver's license, or passport,  and reason for making the
request.
   (2) The department shall maintain copies of the forms submitted
pursuant to paragraph (1) for five years.