SB 104 — Drought relief.

Summary

(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. 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 an order adopted by the board or an emergency regulation described in paragraph (6) , 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. (2) Existing law, the California Emergency Services Act sets forth the emergency powers of the Governor under its provisions. 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. (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. 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. (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. 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 in excess of that diverter's water rights 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. (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. 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. (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. 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. Existing law provides that these emergency regulations are authorized to remain in effect for up to 270 days, as prescribed. 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. (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. 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 paragraph (6) . (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. 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. (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. 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. (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. 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. (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. 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. 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. 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. 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. (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. This bill would appropriate $472,500,000 from these bond funds for the purposes of integrated regional water management grants. (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. (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. This bill would provide that no reimbursement is required by this act for a specified reason. (15) This bill would become operative only if AB 79 or SB 103 is enacted, amending the Budget Act of 2013. (16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 03/01/14 - Chaptered Current pdf March 01, 2014
• Enrolled 02/27/14 - Enrolled pdf February 27, 2014
• Amended 02/26/14 - Amended Assembly pdf February 26, 2014
• Amended 02/24/14 - Amended Assembly pdf February 24, 2014
• Introduced 01/10/13 - Introduced pdf January 10, 2013
• SB104 View text html

Action History

1. March 01, 2014

   Chaptered by Secretary of State. Chapter 3, Statutes of 2014.

2. March 01, 2014

   Approved by the Governor.

3. February 27, 2014

   Enrolled and presented to the Governor at 1 p.m.

4. February 27, 2014

   Assembly amendments concurred in. (Ayes 33. Noes 3. Page 2839.) Ordered to engrossing and enrolling.

5. February 27, 2014

   In Senate.

6. February 27, 2014

   Read third time. Passed. (Ayes 68. Noes 1. Page 3970.) Ordered to the Senate.

7. February 27, 2014

   Assembly Rule 63 suspended. (Page 3968.)

8. February 27, 2014

   Ordered to third reading.

9. February 27, 2014

   Withdrawn from committee.

10. February 26, 2014

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

11. February 24, 2014

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

12. August 29, 2013

    Hearing postponed by committee.

13. May 24, 2013

    Referred to Com. on BUDGET.

14. May 13, 2013

    In Assembly. Read first time. Held at Desk.

15. May 13, 2013

    Read third time. Passed. (Ayes 24. Noes 9. Page 900.) Ordered to the Assembly.

16. May 09, 2013

    Read second time. Ordered to third reading.

17. May 08, 2013

    Ordered to second reading.

18. May 08, 2013

    Withdrawn from committee.

19. January 24, 2013

    Referred to Com. on RLS.

20. January 11, 2013

    From printer. May be acted upon on or after February 10.

21. January 10, 2013

    (Corrected May 9).

22. January 10, 2013

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Budget and Fiscal Review · Primary

Votes

Subjects