California 2017-2018 Regular Session Status: Enacted

AB 747 — State Water Resources Control Board: Administrative Hearings Office.

Last action — Chaptered by Secretary of State - Chapter 668, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain use and diversion of water provisions and subjects the violator to administrative civil liability. Existing law also authorizes the board to issue an order to a person to cease and desist from violating, or threatening to violate, certain requirements relating to water use, including diverting or using water, other than as authorized. This bill, operative July 1, 2019, would create within the board an Administrative Hearings Office composed of attorneys qualified to act as hearing officers in adjudicative proceedings involving water rights matters. The bill would require the office to preside over hearings on the following matters: a complaint subjecting a violator of certain water use and diversion provisions to administrative civil liability, a proposed cease and desist order for violating, or threatening to violate, certain requirements relating to water use, and a revocation of a permit or license to appropriate water. The bill would exclude from the office's purview a hearing that includes, in addition to any of those enumerated matters, consideration of a matter not enumerated. The bill would authorize the board to assign additional work to the office, as specified. The bill would prescribe procedures for hearings presided over by the office, including the adoption of a final order by the office for certain matters imposing administrative civil liability, and the preparation of a proposed order to be submitted for final review by the board for all other matters presided over by the office.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 668, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 5.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 12. Noes 0.) (August 31).

  6. Joint Rule 62(a), file notice suspended.

  7. Re-referred to Com. on W.,P., & W. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 6090.).

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 6. Noes 0.) (August 29).

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (August 29). Re-referred to Com. on APPR.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  14. Senate Rule 29.3(b) suspended. (Ayes 28. Noes 11. Page 5853.)

  15. Re-referred to Com. on N.R. & W.

  16. Joint Rule 62(a), file notice suspended. (Ayes 26. Noes 13. Page 5779.)

  17. Joint Rule 61 suspended. (Ayes 28. Noes 10. Page 5777.)

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  20. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  21. Read second time. Ordered to third reading.

  22. Read third time and amended. Ordered to second reading.

  23. Ordered to third reading.

  24. From Consent Calendar.

  25. Read second time. Ordered to Consent Calendar.

  26. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 5).

  27. Referred to Com. on GOV. & F.

  28. In Senate. Read first time. To Com. on RLS. for assignment.

  29. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 11. Page 1711.)

  30. Read second time. Ordered to third reading.

  31. Read second time and amended. Ordered returned to second reading.

  32. From committee: Amend, and do pass as amended. (Ayes 6. Noes 2.) (May 8).

  33. From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 7. Noes 1.) (May 3). Re-referred to Com. on REV. & TAX.

  34. Re-referred to Coms. on L. GOV. and REV. & TAX. pursuant to Assembly Rule 96.

  35. Re-referred to Com. on REV. & TAX.

  36. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  37. In committee: Set, first hearing. Hearing canceled at the request of author.

  38. Referred to Coms. on REV. & TAX. and L. GOV.

  39. From printer. May be heard in committee March 18.

  40. Read first time. To print.

Sponsors

  • Caballero · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Caballero

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 747 Caballero Concurrence in Senate Amendments

Passed 69 Yea · 5 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 48505
Democratic 16000
Republican 5001
Total 69506
% of votes cast 86%6%0%8%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Nay
Holden — Yea
Kamlager-Dove — Yea
Low — Yea
Maienschein — Nay
Mathis — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Cooley — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Cunningham — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Salas — Yea
Kiley — Yea
Levine — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Rubio — Yea
Rivas — Yea
Friedman — Yea
Harper — Yea
Jones-Sawyer — Yea
Fong — Not Voting
Gray — Not Voting
Mayes — Nay
McCarty — Yea
Melendez — Not Voting
O'Donnell — Yea
Chiu — Yea
Baker — Yea
Chávez — Yea
Cooper — Yea
Waldron — Nay
Eggman — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 9003
Republican 2000
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Mathis — Yea
Chu — Yea
Salas — Yea
Rubio — Yea
Gloria — Yea
Harper — Not Voting
Levine — Yea
Wood — Yea
Bigelow — Not Voting
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Not Voting
Kalra, Ash Democratic Yea
Choi, Steven S. Republican Yea
Gallagher, James Republican Yea

Official roll call →

3rd Reading AB747 Caballero By Hertzberg

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hernandez — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Wieckowski — Yea
Wilk — Yea
Chang — Yea
Delgado — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Lara — Yea
Roth — Yea
De León — Yea
Glazer — Yea
Dodd — Yea
Hueso — Yea
Bates — Yea
Beall — Yea
Nielsen — Yea
Skinner — Yea
Vidak — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 747 do?
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 executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain use and diversion of water provisions and subjects the violator to administrative civil liability. Existing law also authorizes the board to issue an order to a person to cease and desist from violating, or threatening to violate, certain requirements relating to water use, including diverting or using water, other than as authorized. This bill, operative July 1, 2019, would create within the board an Administrative Hearings Office composed of attorneys qualified to act as hearing officers in adjudicative proceedings involving water rights matters. The bill would require the office to preside over hearings on the following matters: a complaint subjecting a violator of certain water use and diversion provisions to administrative civil liability, a proposed cease and desist order for violating, or threatening to violate, certain requirements relating to water use, and a revocation of a permit or license to appropriate water. The bill would exclude from the office's purview a hearing that includes, in addition to any of those enumerated matters, consideration of a matter not enumerated. The bill would authorize the board to assign additional work to the office, as specified. The bill would prescribe procedures for hearings presided over by the office, including the adoption of a final order by the office for certain matters imposing administrative civil liability, and the preparation of a proposed order to be submitted for final review by the board for all other matters presided over by the office.
Who sponsors AB 747?
AB 747 is sponsored by Caballero.
What is the current status of AB 747?
This bill has been enacted into law. Introduced February 15, 2017. Enacted.
Where can I track AB 747?
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