Amended in Assembly February 24, 2014

Senate Bill No. 104

Introduced by Committee on Budget and Fiscal Review

January 10, 2013

begin delete An act relating to the Budget Act of 2013. end delete begin insert An act to amend Section 8683 of the Government Code, to amend Section 50661 of, to add Section 50716 to, and to add Chapter 3 (commencing with Section 34085) to Part 1.6 of Division 24 of, the Health and Safety Code, to amend Sections 10201.5, 10214.5, and 10214.6 of the Unemployment Insurance Code, to amend Sections 1052, 1058.5, 1551, 1831, and 1845 of, and to add Sections 1846 and 13562.5 to, the Water Code, relating to drought relief, making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 104, as amended, Committee on Budget and Fiscal Review. begin delete Budget Act of 2013. end delete begin insert Drought relief. end insert

begin insert

(1) The California Constitution requires the reasonable and beneficial use of water. Under the public trust doctrine, the State Water Resources Control Board, among other state agencies, is required to take the public trust into account in the planning and allocation of water resources and to protect the public trust whenever feasible. Existing law establishes the Water Rights Fund, which consists of various fees and penalties. The moneys in the Water Rights Fund are available, upon appropriation by the Legislature, for the administration of the board’s water rights program.

end insert begin insert

This bill would provide that a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued or adopted by the board, as prescribed, or the public trust doctrine, is liable in an amount not to exceed $500 for each day in which the violation occurs. These funds would be deposited in the Water Rights Fund.

end insert begin insert

(2) Existing law, the California Emergency Services Act sets forth the emergency powers of the Governor under its provisions.

end insert begin insert

This bill would provide that the provisions of this bill described in (1) apply only in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years, or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions.

end insert begin insert

(3) Under existing law, the Disaster Assistance Fund is continuously appropriated, without regard to fiscal years, for purposes of the California Disaster Assistance Act. Existing law requires the Director of the Office of Emergency Services, whenever funds are available for purpose of the act, to make allocations in the amounts that the director determines to be necessary to state agencies for making the investigations, estimates, and reports required by the act.

end insert begin insert

This bill would authorize the director, when a proclamation of a state of emergency has been issued, to make allocations of funds available for the purposes of the act in the amounts that the director determines necessary to state agencies for expenditures incurred performing extraordinary emergency measures. This bill would prohibit these allocations from being made to reimburse employee costs related to emergency work activities or any permanent repairs to the agency’s own facilities.

end insert begin insert

(4) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the imposition of civil liability for a trespass in an amount not to exceed $500 for each day in which the trespass occurs.

end insert begin insert

This bill would authorize the imposition of civil liability by the board or superior court in an amount not to exceed the sum of $1,000 for each day in which the trespass occurs and $2,500 for each acre-foot of water diverted or used other than as authorized during a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions.

end insert begin insert

(5) Under existing law, a person who violates a cease and desist order may be liable in an amount not to exceed $1,000 for each day in which the violation occurs. Revenue generated from these penalties is deposited in the Water Rights Fund.

end insert begin insert

This bill, for a violation occurring in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions, would authorize a person violating a cease and desist order to be liable in an amount not to exceed $10,000 for each day in which the violation occurs.

end insert begin insert

(6) Under existing law, emergency regulations of the board are not subject to review by the Office of Administrative Law if the board adopts findings that the emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water to promote wastewater reclamation, or to promote water conservation, and that the emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive dry or critically dry years.

end insert begin insert

This bill also would allow the adoption of emergency regulations by the board if the board finds the emergency regulation is adopted to require curtailment of diversions when water is not available under the diverter’s priority of right. This bill instead would require the emergency regulation to be adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions. This bill would make a violation of a regulation adopted by the board under these provisions an infraction punishable by a fine of up to $500 for each day in which the violation occurs. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

Existing law provides that these emergency regulations are authorized to remain in effect for up to 270 days, as prescribed.

end insert begin insert

This bill would permit an emergency regulation adopted under these provisions to be renewed if the board determines that the above-described conditions are still in effect.

end insert begin insert

(7) Existing law authorizes the board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements, including requirements set forth in a decision or order relating to the unauthorized use of water.

end insert begin insert

This bill would authorize the board to issue a cease and desist order in response to a violation or threatened violation of an emergency regulation adopted pursuant to the provisions described in (6).

end insert begin insert

(8) Existing law requires the State Department of Public Health to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as defined, by December 31, 2013.

end insert begin insert

This bill would require the State Department of Public Health, no later than June 30, 2014, to adopt by emergency regulations requirements for groundwater replenishment using recycled water.

end insert begin insert

(9) Existing law creates the Housing Rehabilitation Loan Fund and continuously appropriates moneys in the fund for, among other purposes, making specified deferred payment housing rehabilitation loans.

end insert begin insert

This bill, to the extent no other funding sources are available, would make available $10,000,000 in the fund to the department for the purpose of providing housing rental-related subsidies to persons rendered homeless, or at risk of becoming homeless, due to unemployment, underemployment, or other economic hardship resulting from the state of emergency proclaimed by the Governor based on drought conditions. This bill would authorize the department to administer the housing rental-related subsidies or contract with qualified local government agencies or nonprofit organizations to administer the program.

end insert begin insert

(10) Existing law authorizes the Department of Housing and Community Development to contract with local public and private nonprofit agencies to provide housing services, including shelter, education, sanitation, and day care services, for migrant agricultural workers, through the development, construction, reconstruction, rehabilitation, or operation of a migrant farm labor center.

end insert begin insert

This bill would require the department to make the Office of Migrant Services centers available for rent by persons or families experiencing economic hardships as a result of the drought.

end insert begin insert

(11) Existing law authorizes the Employment Development Department to collect and administer an employment training tax. Existing law establishes the Employment Training Panel (ETP) in the Employment Development Department, and prescribes the functions and duties of the ETP with respect to the development, implementation, and administration of various employment training programs in the state. Existing law requires the ETP to establish the Partnership for Workforce Recovery Training for the purpose of supporting and implementing the workforce development goals set forth in the federal American Recovery and Reinvestment Act of 2009.

end insert begin insert

This bill would eliminate the requirement that the ETP establish the Partnership for Workforce Recovery Training, and would instead require the ETP to develop and publish guidelines for the purpose of supporting and implementing one or more alternative fund programs to reimburse the cost of training using funds from a source other than the employment training tax.

end insert begin insert

This bill would require the ETP, as needed in response to a proclamation of a state of emergency issued by the Governor under the California Emergency Services Act, to identify industries and occupations that shall be priorities for training funds for the purpose of funding special employment training projects that improve the skills and employment security of frontline workers and to waive specified wage and employment retention provisions.

end insert begin insert

Existing law, with respect to funds appropriated in the annual Budget Act to the department for allocation by the ETP for the training of workers in regions suffering from high unemployment and low job creation, authorizes the ETP to waive the minimum wage requirements for participation in the program in certain circumstances.

end insert begin insert

This bill would provide that the ETP may waive the minimum wage requirements with respect to funds appropriated to the department for allocation by the ETP in the annual Budget Act for training of workers in regions identified in a proclamation of a state of emergency issued by the Governor under the California Emergency Services Act.

end insert begin insert

(12) Existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative bond act, authorizes the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing a safe drinking water, water quality and supply, flood control, and resource protection program.

end insert begin insert

This bill would appropriate $472,500,000 from these bond funds for the purposes of integrated regional water management grants.

end insert begin insert

(13) The bill would require, to the extent feasible and appropriate, water conservation and drought response projects funded pursuant to these provisions and the provisions of the bill described in paragraph (15) to use the services of the California Conservation Corps or certified community conservation corps.

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(14) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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(15) This bill would become operative only if AB 79 or SB 103 is enacted, amending the Budget Act of 2013.

end insert begin insert

(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares that California
is experiencing an unprecedented dry period and shortage of water
for its citizens, local governments, agriculture, environment, and
other uses. The purpose of this act is to enact urgent legislation
to appropriate funds and expedite administrative actions to
increase water supply reliability consistent with the state’s
economic, health and safety, and resource protection laws.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8683 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

8683.  

begin insert (a) end insert begin insert   end insert Whenever funds are available for purposes of this
chapter, the director shall make allocations begin delete therefrom end delete begin insert from the
funds available end insert in the amounts that he or she determines to be
necessary to state agencies for expenditure for making the
investigations, estimates, and reports required by this chapter.
Those allocations may also be made to provide for preliminary
investigations, estimates, reports, training of state agency
personnel, or to reimburse the state agencies for expenditures made
in anticipation of actual applications by local agencies. Allocations
may also be made for the purpose of making any investigations,
estimates, and reports that may be necessary to enable local
agencies to obtain federal aid for disaster relief purposes, regardless
of whether or not that aid is available for projects that are eligible
for state allocations pursuant to this chapter. The director may
make allocations to any state agency or office from those funds,
or other funds available therefor, in the amounts that are necessary
to administer this chapter.

begin insert

(b) When a proclamation of a state of emergency has been issued
by the Governor under the California Emergency Services Act
(Chapter 7 (commencing with Section 8550)) and funds are
available for purposes of this chapter, the director may make
allocations from the funds available in the amounts that the
director determines necessary to state agencies for expenditures
incurred performing extraordinary emergency measures. An
allocation pursuant to this subdivision is at the discretion of the
director, but an allocation shall not reimburse either of the
following:

end insert begin insert

(1) Employee costs related to emergency work activities.

end insert begin insert

(2) Any permanent repairs to the agency’s own facilities.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Chapter 3 (commencing with Section 34085) is added
to Part 1.6 of Division 24 of the end insert begin insert Health and Safety Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 3. end insert Drought Housing Rental Subsidies

 

begin insert 34085. end insert   

(a) The department shall provide housing rental-related
subsidies for the purposes of disaster relief to persons rendered
homeless or at risk of becoming homeless due to unemployment,
underemployment, or other economic hardship resulting from the
state of emergency proclaimed by the Governor on January 17,
2014. The housing rental-related subsidies shall provide rental
assistance to individuals who are unemployed or underemployed
because agricultural or other businesses are affected by the
drought conditions and to other persons that have suffered
economic losses due to the drought conditions.

(b) The department may administer the housing rental-related
subsidies or contract with qualified local government agencies or
nonprofit organizations to administer the subsidies.

(c) The department shall adopt guidelines establishing criteria
for the subsidies, including, but not limited to, eligibility, income
limits, and subsidy amounts.

begin insert 34086. end insert   

Any rule, policy, or standard of general application
employed by the department in implementing the provisions of this
chapter shall not be subject to the requirements of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 50661 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50661.  

(a)  There is hereby created in the State Treasury the
Housing Rehabilitation Loan Fund. All interest or other increments
resulting from the investment of moneys in the Housing
Rehabilitation Loan Fund shall be deposited in the fund,
notwithstanding Section 16305.7 of the Government Code.
Notwithstanding Section 13340 of the Government Code, all
money in the fund is continuously appropriated to the department
for the following purposes:

(1)  For making deferred-payment rehabilitation loans for
financing all or a portion of the cost of rehabilitating existing
housing to meet rehabilitation standards as provided in this chapter.

(2)  For making deferred payment loans as provided in Sections
50668.5, 50669, and 50670.

(3)  For making deferred payment loans pursuant to Sections
50662.5 and 50671.

(4)  Subject to the restrictions of Section 53131, if applicable,
for administrative expenses of the department made pursuant to
this chapter, Article 3 (commencing with Section 50693) of Chapter
7.5, and Chapter 10 (commencing with Section 50775).

(5)  For related administrative costs of nonprofit corporations
and local public entities contracting with the department pursuant
to Section 50663 in an amount, if any, as determined by the
department, to enable the entities and corporations to implement
a program pursuant to this chapter. The department shall ensure
that not less than 20 percent of the funds loaned pursuant to this
chapter shall be allocated to rural areas. For purposes of this chapter
“rural area” shall have the same meaning as in Section 50199.21.

begin insert

(6) To the extent no other funding sources are available, ten
million dollars ($10,000,000) shall be available for the purposes
of Section 34085.

end insert

(b)  There shall be paid into the fund the following:

(1)  Any moneys appropriated and made available by the
Legislature for purposes of the fund.

(2)  Any moneys that the department receives in repayment of
loans made from the fund, including any interest thereon.

(3)  Any other moneys that may be made available to the
department for the purposes of this chapter from any other source
or sources.

(4)  Moneys transferred or deposited to the fund pursuant to
Sections 50661.5 and 50778.

(c)  Notwithstanding any other provision of law, any interest or
other increment earned by the investment or deposit of moneys
appropriated by subdivision (b) of Section 3 of Chapter 2 of the
Statutes of the 1987-88 First Extraordinary Session, or Section 7
of Chapter 4 of the Statutes of the 1987-88 First Extraordinary
Session, shall be deposited in a special account in the Housing
Rehabilitation Loan Fund and shall be used exclusively for
purposes of Sections 50662.5 and 50671.

(d)  Notwithstanding any other provision of law, effective with
the date of the act adding this subdivision, appropriations
authorized by the Budget Act of 1996 for support of the
Department of Housing and Community Development from the
California Disaster Housing Repair Fund and the California
Homeownership Assistance Fund shall instead be authorized for
expenditure from the Housing Rehabilitation Loan Fund.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 50716 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 50716. end insert   

(a) Notwithstanding any other law, to respond to the
state of emergency proclaimed by the Governor on January 17,
2014, the department shall, directly or through contracts, make
the Office of Migrant Services centers available for rent by persons
or families experiencing economic hardships as a result of the
drought. This may include, but is not limited to, extending the
period of occupancy prior to or beyond the standard 180-day
period and redefining persons and families eligible to occupy the
centers. To the extent feasible, the department shall give preference
to persons and families that meet existing program criteria.

(b) The department may adopt program guidelines to implement
this section. Any rule, policy, or standard of general application
employed by the department in implementing the provisions of this
section shall not be subject to the requirements of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 10201.5 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

10201.5.  

With respect to funding appropriated in the annual
Budget Act to the Employment Development Department for
allocation by the Employment Training Panel and identified for
training of workers in regions suffering from high unemployment
and low job begin delete creation, including end delete begin insert creation or regions identified in a
proclamation of a state of emergency issued by end insert the begin delete working poor, end delete
begin insert Governor under end insert the begin insert California Emergency Services Act (Chapter
7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code), the end insert panel, notwithstanding subdivision begin delete (g) end delete begin insert (f) end insert
of Section 10201, may waive the minimum wage requirements
included in that subdivision provided that the post-retention wage
of each trainee who has completed training and the required
training period exceeds his or her wage before and during training.
This determination shall be made on a case-by-case basis to ensure
that post-training improvements in earnings are sufficient to
warrant the investment of public funds.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 10214.5 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

10214.5.  

(a) The panel may allocate up to 15 percent of the
annually available training funds for the purpose of funding special
employment training projects that improve the skills and
employment security of frontline workers, as defined in subdivision
(a) of Section 10200. Notwithstanding any other provision of this
chapter, participants in these projects are not required to meet the
eligibility criteria set forth in paragraph (1) of subdivision (a) of
Section 10200 or subdivision (c) of Section 10201.

(b) The panel shall, on an annual begin delete basis, end delete begin insert basis or as needed in
response to a proclamation of a state of emergency issued by the
Governor under the California Emergency Services Act (Chapter
7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code), end insert identify industries and occupations that shall
be priorities for funding under this section. Training shall be
begin delete targeted end delete begin insert targeted, but not limited, end insert to frontline workers who earn
at least the state average hourly wage.

(c) The panel may waive the minimum wage provisions pursuant
to subdivision (f) of Section 10201 for projects in regions of the
state where the unemployment rate is significantly higher than the
state begin delete average, end delete begin insert average or regions identified in a proclamation of
a state of emergency issued by the Governor under the California
Emergency Services Act (Chapter 7 (commencing with Section
8550) of Division 1 of Title 2 of the Government Code), end insert and begin insert also end insert
may waive the employment retentions provisions specified in
subdivision (f) of Section 10209 and instead require that the trainee
has been retained in employment for a minimum of 90 days out
of 120 consecutive days after the end of training with no more
than three employers.

(d) (1) The panel may allocate funds pursuant to subdivision
(a) to increase the productivity and extended employment retention
of workers in the state’s major seasonal industries.

(2) In funding special employment training projects for this
purpose, the panel may do all of the following:

(A) When the amount of the postretention wages of each trainee
who has completed training exceeds the amount of wages that the
trainee earned before and during training, waive the minimum
wage requirements set forth in subdivision (f) of Section 10201.

(B) Waive the employment retention requirements set forth in
subdivision (f) of Section 10209 and instead require that the trainee
be retained in employment for not less than 500 hours within the
12-month period following the completion of the training.

(C) When the panel finds that the training is necessary to achieve
the objectives of vocational training, waive the limitation on
job-related basic and literacy skills training set forth in subdivision
(a) of Section 10209.

(3) For purposes of this section, “major seasonal industries”
means eligible employers who satisfy all of the following
requirements:

(A) Have a workforce comprised of at least 50 percent of
workers whose employment period is necessarily cyclical,
including, but not limited to, businesses directly involved in the
harvesting, packing, or processing of goods or products.

(B) Have retained at least 50 percent of the same seasonal
employees for at least one season of not less than 500 hours for
the preceding 12-month period.

(C) Pay wages and provide benefits that exceed industry
averages.

(e) The panel shall adopt minimum standards for consideration
of proposals to be funded pursuant to this section.

(f) The panel may select contracts funded under this section
based on competitive bidding.

(g) It is the intent of the Legislature in providing the authority
for these projects that the panel allocate these funds in a manner
consistent with the objectives of this chapter as provided in Section
10200.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 10214.6 of the end insert begin insert Unemployment Insurance Code end insert
begin insert is amended to read: end insert

10214.6.  

(a) The panel shall begin delete establish the Partnership for
Workforce Recovery Training (PWRT) for the purposes of
supporting and implementing the workforce development goals
set forth in the federal American Recovery and Reinvestment Act
of 2009 (ARRA) (P.L. 111-5). The panel shall develop and publish
guidelines for implementation of the PWRT, consistent with, and
including end delete begin insert develop and publish guidelines for the purpose of
supporting and implementing one or more alternative fund
programs to reimburse the cost of training consistent with the
purposes of this part, using funds from a source other than the
employment training tax. The alternative funds may be from any
federal, state, or local governmental entity, as appropriated in
statute or other means. The guidelines shall include end insert adequate fiscal
and accounting controls, as prescribed in subdivision begin delete (g) end delete begin insert (f) end insert of
Section 10205.

begin delete end delete begin delete

(b) The panel may allocate any funds it receives pursuant to the
federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801
et seq.) and the ARRA to support the activities of the PWRT. Any
funds received by the panel pursuant to this section shall be
deposited into a separate account established by the department
in the State Treasury, and used for the purposes of this section.

end delete begin delete end delete begin delete

(c)

end delete

begin insert (b) end insert  The panel may adopt any regulations necessary to implement
this section, but any regulations so adopted are exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.

begin delete

(d)

end delete

begin insert (c) end insert  The panel may solicit proposals and enter into contracts or
other agreements to secure funding for the purposes of this section,
but those proposals, contracts, and agreements shall be exempt
from any competitive bidding requirements otherwise prescribed
in statute.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 1052 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1052.  

(a) The diversion or use of water subject to this division
other than as authorized in this division is a trespass.

begin delete

(b) Civil liability may be administratively imposed by the board
pursuant to Section 1055 for a trespass as defined in this section
in an amount not to exceed five hundred dollars ($500) for each
day in which the trespass occurs.

end delete begin delete

(c)

end delete

begin insert (b) end insert  The Attorney General, upon request of the board, shall
institute in the superior court in and for any county begin delete wherein end delete begin insert where end insert
the diversion or use is threatened, is occurring, or has occurred
begin delete appropriate end delete begin insert an end insert action for the issuance of injunctive relief as may
be warranted by way of temporary restraining order, preliminary
injunction, or permanent injunction.

begin insert

(c) Any person or entity committing a trespass as defined in this
section may be liable in an amount not to exceed the following:

end insert begin insert

(1) If the unauthorized diversion or use occurs in a critically
dry year immediately preceded by two or more consecutive below
normal, dry, or critically dry years or during a period for which
the Governor has issued a proclamation of a state of emergency
under the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2 of the
Government Code) based on drought conditions, the sum of the
following:

end insert begin insert

(A) One thousand dollars ($1,000) for each day in which the
trespass occurs.

end insert begin insert

(B) Two thousand five hundred dollars ($2,500) for each
acre-foot of water diverted or used other than as authorized in
this division.

end insert begin insert

(2) If the unauthorized diversion or use is not described by
paragraph (1), five hundred dollars ($500) for each day in which
the unauthorized diversion or use occurs.

end insert begin insert

(d) Civil liability for a violation of this section may be imposed
by the superior court or the board as follows:

end insert begin delete

(d) Any person or entity committing a trespass as defined in
this section

end delete

begin insert (1) end insert begin insert   end insert begin insert The superior court end insert may begin delete be liable for a sum not to exceed
five hundred dollars ($500) for each day end delete begin insert impose civil liability end insert in
begin delete which the trespass occurs. The end delete begin insert an action brought by the end insert Attorney
General, upon request of the board, begin delete shall petition the superior court end delete
to impose, assess, and recover any sums pursuant to begin delete this
subdivision. end delete begin insert subdivision (c). end insert In determining the appropriate amount,
the court shall take into consideration all relevant circumstances,
including, but not limited to, the extent of harm caused by the
violation, the nature and persistence of the violation, the length of
time over which the violation occurs, and the corrective action, if
any, taken by the violator.

begin insert

(2) The board may impose civil liability in accordance with
Section 1055.

end insert

(e) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.

(f) The remedies prescribed in this section are cumulative and
not alternative.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 1058.5 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1058.5.  

(a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the
following findings:

(1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable
method of diversion, of water, to promote begin delete wastewater reclamation, end delete
begin insert water recycling end insert or begin insert water conservation, end insert to begin delete promote end delete begin insert require
curtailment of diversions when end insert water begin delete conservation. end delete begin insert is not available
under the diverter’s priority of right, or in furtherance of any of
the foregoing, to require reporting of diversion or use or the
preparation of monitoring or technical reports. end insert

(2) The emergency regulation is adopted in response to
conditions which exist, or are threatened, in a critically dry year
immediately preceded by two or more consecutive begin delete dry end delete begin insert below
normal, dry, end insert or critically dry begin delete years. end delete begin insert years or during a period for
which the Governor has issued a proclamation of a state of
emergency under the California Emergency Services Act (Chapter
7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code) based on drought conditions. end insert

(b) Notwithstanding Sections 11346.1 and 11349.6 of the
Government Code, any findings of emergency adopted by the
board, in connection with the adoption of an emergency regulation
begin delete to which end delete begin insert under end insert this begin delete section applies, end delete begin insert section, end insert are not subject to
review by the Office of Administrative Law.

(c)  begin delete Any end delete begin insert An end insert emergency regulation adopted by the board begin delete to which end delete
begin insert under end insert this section begin delete applies end delete may remain in effect for up to 270 days,
as determined by the board, and is deemed repealed immediately
upon a finding by the board that due to changed conditions it is
no longer necessary for the regulation to remain in effect. begin insert An
emergency regulation adopted by the board under this section may
be renewed if the board determines that the conditions specified
in paragraph (2) of subdivision (a) are still in effect. end insert

begin insert

(d) In addition to any other applicable civil or criminal
penalties, any person or entity who violates a regulation adopted
by the board pursuant to this section is guilty of an infraction
punishable by a fine of up to five hundred dollars ($500) for each
day in which the violation occurs.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 1551 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1551.  

All of the following shall be deposited in the Water
Rights Fund:

(a) All fees, expenses, and penalties collected by the board or
the State Board of Equalization under this chapter and Part 3
(commencing with Section 2000).

(b) All funds collected under Section 1052, begin delete 1845, end delete begin insert Article 4
(commencing with Section 1845) of Chapter 12, end insert or begin insert Section end insert 5107.

(c) All fees collected under Section 13160.1 in connection with
certificates for activities involving hydroelectric power projects
subject to licensing by the Federal Energy Regulatory Commission.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 1831 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1831.  

(a) When the board determines that any person is
violating, or threatening to violate, any requirement described in
subdivision (d), the board may issue an order to that person to
cease and desist from that violation.

(b) The cease and desist order shall require that person to comply
forthwith or in accordance with a time schedule set by the board.

(c) The board may issue a cease and desist order only after
notice and an opportunity for hearing pursuant to Section 1834.

(d) The board may issue a cease and desist order in response to
a violation or threatened violation of any of the following:

(1) The prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division.

(2) Any term or condition of a permit, license, certification, or
registration issued under this division.

(3) Any decision or order of the board issued under this part,
Section 275, or Article 7 (commencing with Section 13550) of
Chapter 7 of Division 7, in which decision or order the person to
whom the cease and desist order will be issued, or a predecessor
in interest to that person, was named as a party directly affected
by the decision or order.

begin insert

(4) A regulation adopted under Section 1058.5.

end insert

(e) This article begin delete shall end delete begin insert does end insert not authorize the board to regulate in
any manner, the diversion or use of water not otherwise subject to
regulation of the board under this begin delete part. end delete begin insert division or Section 275. end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 1845 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1845.  

(a) Upon the failure of any person to comply with a
cease and desist order issued by the board pursuant to this chapter,
the Attorney General, upon the request of the board, shall petition
the superior court for the issuance of prohibitory or mandatory
injunctive relief as appropriate, including a temporary restraining
order, preliminary injunction, or permanent injunction.

(b) (1)  begin delete Any end delete begin insert A end insert person or entity who violates a cease and desist
order issued pursuant to this chapter may be liable begin delete for a sum end delete begin insert in an
amount end insert not to exceed begin delete one thousand dollars ($1,000) for each day
in which end delete the begin delete violation occurs. end delete begin insert following: end insert

begin insert

(A) If the violation occurs in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or
critically dry years or during a period for which the Governor has
issued a proclamation of a state of emergency under the California
Emergency Services Act (Chapter 7 (commencing with Section
8550) of Division 1 of Title 2 of the Government Code) based on
drought conditions, ten thousand dollars ($10,000) for each day
in which the violation occurs.

end insert begin insert

(B) If the violation is not described by subparagraph (A), one
thousand dollars ($1,000) for each day in which the violation
occurs.

end insert

(2) Civil liability may be imposed by the superior court. The
Attorney General, upon the request of the board, shall petition the
superior court to impose, assess, and recover those sums.

(3) Civil liability may be imposed administratively by the board
pursuant to Section 1055.

(c) In determining the appropriate amount, the court, or the
board, as the case may be, shall take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.

(d) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 1846 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 1846. end insert   

(a) A person or entity may be liable for a violation of
any of the following in an amount not to exceed five hundred
dollars ($500) for each day in which the violation occurs:

(1) A term or condition of a permit, license, certificate, or
registration issued under this division.

(2) An order or regulation adopted by the board under Section
275, Section 1058.5, or the public trust doctrine.

(b) Civil liability may be imposed by the superior court. The
Attorney General, upon the request of the board, shall petition the
superior court to impose, assess, and recover those sums.

(c) Civil liability may be imposed administratively by the board
pursuant to Section 1055.

(d) In determining the appropriate amount of civil liability, the
court, pursuant to subdivision (b), or the board, pursuant to
subdivision (c), may take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.

(e) No liability shall be recoverable under this section for any
violation for which liability is recovered under Section 1052.

(f) All funds recovered pursuant to this section shall be deposited
in the Water Rights Fund established pursuant to Section 1550.

(g) This section applies only in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or
critically dry years or during a period for which the Governor has
issued a proclamation of a state of emergency under the California
Emergency Services Act (Chapter 7 (commencing with Section
8550) of Division 1 of Title 2 of the Government Code) based on
drought conditions.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 13562.5 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 13562.5. end insert   

Notwithstanding any other law, no later than June
30, 2014, the department shall adopt, by emergency regulations
in accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code,
requirements for groundwater replenishment using recycled water.
The adoption of these regulations is an emergency and shall be
considered by the Office of Administrative Law as necessary for
the immediate preservation of the public peace, health, safety, and
general welfare. Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, emergency regulations adopted by the department pursuant
to this section shall not be subject to review by the Office of
Administrative Law and shall remain in effect until revised by the
department.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Water conservation and drought response projects
funded by the provisions of this act, or the act described in Section
19, shall, to the extent feasible and appropriate, use the services
of the California Conservation Corps or certified community
conservation corps, as defined in Section 14507.5 of the Public
Resources Code. end insert

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

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

end insert

begin insert

begin insert SEC. 18. end insert   

end insert begin insert

Of the funds made available pursuant to Division 43
(commencing with Section 75001) of the Public Resources Code,
the sum of four hundred seventy-two million five hundred thousand
dollars ($472,500,000) is hereby appropriated pursuant to Section
75026 of the Public Resources Code as follows:

end insert begin insert

(a) Two hundred million dollars ($200,000,000) shall be
available to the Department of Water Resources for integrated
regional water management grants through an expedited
solicitation round for projects that provide immediate regional
drought preparedness, increase local water supply reliability and
the delivery of safe drinking water, assist water suppliers and
regions to implement conservation programs and measures that
are not locally cost-effective, or reduce water quality conflicts or
ecosystem conflicts created by the drought. The Department of
Water Resources shall consult with the State Department of Public
Health on what emergency drinking water projects may be further
expedited through these funds.

end insert begin insert

(b) Two hundred seventy-two million five hundred thousand
dollars ($272,500,000), shall be available to the Department of
Water Resources for integrated regional water management grants.
Notwithstanding Section 75100 of the Public Resources Code, the
Department of Water Resources may expend up to twenty-one
million eight hundred thousand dollars ($21,800,000) of the funds
appropriated pursuant to this paragraph for projects submitted
prior to the enactment of this section.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert This act shall become operative only if Assembly Bill
79 or Senate Bill 103 of the 2013- end insert begin insert 14 Regular Session is enacted
as amending the Budget Act of 2013. end insert

begin insert

begin insert SEC. 20. end insert   

end insert begin insert

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2013.

end delete