California 2017-2018 Regular Session Status: To Executive

AB 313 — Water.

Last action — Stricken from file.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 authorizes the board to adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing, unless a written request for a hearing signed by, or on behalf of, the party served with the complaint is delivered to or received by mail by the board within 20 days after receipt of the complaint. This bill, commencing July 1, 2018, would establish a Water Rights Division within the Office of Administrative Hearings, as prescribed. The bill would require a hearing to set the above-described administrative civil liability to be held before the division in accordance with the Administrative Procedure Act. The bill would deem a decision made by an administrative law judge in the division to be a recommendation and not final until accepted by the board, as prescribed. The bill would authorize an appeal of the board's decision on the recommendation or of the adoption of the recommendation due to the failure to act to a superior court. The bill would add expenditures of the division to the purposes for which the moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature. Existing law 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, commencing July 1, 2018, would authorize the board to issue a complaint seeking an order, instead of directly issuing the order, requiring a person to cease and desist from diverting or using water, other than as authorized, and would make conforming changes. The bill would require that the complaint be served by personal notice or certified mail and inform the person that the person may request a hearing conducted by the Water Rights Division of the Office of Administrative Hearings. The bill would deem a decision made by an administrative law judge in the division to be a recommendation and not final until accepted by the board, as prescribed. Following the board's acceptance, modification, or rejection of the recommendation, the bill would authorize the board to issue a cease and desist order. The bill would authorize an appeal of the board's decision on the recommendation or of the adoption of the recommendation due to the failure to act to a superior court.

Bill Text

Action History

  1. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 4 p.m.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 13. Page 3547.).

  6. Assembly Rule 63 suspended. (Page 3547.)

  7. In Assembly. Concurrence in Senate amendments pending.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 7. Page 3020.).

  9. Ordered to third reading.

  10. (Ayes 28. Noes 10. Page 3013.)

  11. Withdrawn from committee.

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

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

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 11). Re-referred to Com. on APPR.

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

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on JUD.

  17. Referred to Coms. on N.R. & W. and JUD.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 4. Page 1812.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 15. Noes 0.) (May 26).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 25). Re-referred to Com. on APPR.

  24. Re-referred to Com. on W.,P., & W.

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

  26. Referred to Com. on W.,P., & W.

  27. From printer. May be heard in committee March 9.

  28. Read first time. To print.

Sponsors

  • Gray · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

  • Gray

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 313 GRAY Concurrence in Senate Amendments

Passed 54 Yea · 13 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 408010
Democratic 9402
Republican 5100
Total 5413012
% of votes cast 68%16%0%15%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Nay
Brough — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
McCarty — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Not Voting
Voepel — Yea
Cooley — Yea
Frazier — Not Voting
Gloria — Not Voting
Harper — Not Voting
Nazarian — Not Voting
Ting — Not Voting
Wood — Not Voting
Burke — Yea
Fong — Yea
Salas — Yea
Gray — Yea
Holden — Yea
Bocanegra — Yea
Rubio — Yea
Kiley — Yea
Levine — Nay
Low — Yea
Mayes — Yea
Chau — Yea
Medina — Yea
Gonzalez Fletcher — Nay
Melendez — Yea
Mullin — Yea
Bigelow — Yea
Chiu — Nay
Chu — Yea
Chávez — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Nay
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Waldron — Yea
Weber — Not Voting
Eggman — Not Voting
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Nay
Cristina Garcia — Nay
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Nay
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Not Voting
Bonta, Mia Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Nay
Limón, Monique Democratic Nay
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Nay
Chen, Phillip Republican Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

W/O REF. TO FILE AB313 Gray By Cannella

Passed 26 Yea · 7 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 25406
Democratic 1301
Total 26707
% of votes cast 65%18%0%18%
How each member voted (40)
Member Party Vote
Hertzberg — Yea
Hill — Yea
Moorlach — Yea
Skinner — Not Voting
Cannella — Yea
Dodd — Yea
Fuller — Yea
Hernandez — Yea
Lara — Yea
Leyva — Nay
Monning — Not Voting
Allen — Nay
Portantino — Nay
Mitchell — Not Voting
Newman — Not Voting
Nielsen — Yea
Pan — Yea
Roth — Yea
De León — Yea
Wieckowski — Yea
Wilk — Yea
Anderson — Yea
Bates — Yea
Beall — Nay
Bradford — Yea
Mendoza — Yea
Hueso — Yea
Vidak — Yea
Atkins — Yea
Glazer — Yea
Morrell — Yea
Galgiani — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Nay
McGuire, Mike Democratic Nay
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Nay
Wiener, Scott D. Democratic Not Voting

Official roll call →

AB 313 GRAY Assembly Third Reading

Passed 64 Yea · 4 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 45309
Democratic 13102
Republican 6001
Total 644012
% of votes cast 80%5%0%15%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bloom — Not Voting
Brough — Yea
Harper — Nay
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Nay
Ridley-Thomas — Yea
Santiago — Yea
Voepel — Yea
Wood — Yea
Chu — Yea
Eggman — Not Voting
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Burke — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Low — Yea
Mayes — Yea
Salas — Yea
Bocanegra — Yea
Bigelow — Yea
Chávez — Yea
Cooper — Yea
Medina — Yea
Melendez — Yea
Obernolte — Yea
Thurmond — Yea
Weber — Yea
Gray — Yea
Chau — Not Voting
Gonzalez Fletcher — Yea
Gloria — Not Voting
Gomez — Yea
Levine — Yea
McCarty — Yea
Baker — Yea
Chiu — Not Voting
Cooley — Yea
Dababneh — Yea
Mullin — Not Voting
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Not Voting
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Nay
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Not Voting
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does AB 313 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 authorizes the board to adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing, unless a written request for a hearing signed by, or on behalf of, the party served with the complaint is delivered to or received by mail by the board within 20 days after receipt of the complaint. This bill, commencing July 1, 2018, would establish a Water Rights Division within the Office of Administrative Hearings, as prescribed. The bill would require a hearing to set the above-described administrative civil liability to be held before the division in accordance with the Administrative Procedure Act. The bill would deem a decision made by an administrative law judge in the division to be a recommendation and not final until accepted by the board, as prescribed. The bill would authorize an appeal of the board's decision on the recommendation or of the adoption of the recommendation due to the failure to act to a superior court. The bill would add expenditures of the division to the purposes for which the moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature. Existing law 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, commencing July 1, 2018, would authorize the board to issue a complaint seeking an order, instead of directly issuing the order, requiring a person to cease and desist from diverting or using water, other than as authorized, and would make conforming changes. The bill would require that the complaint be served by personal notice or certified mail and inform the person that the person may request a hearing conducted by the Water Rights Division of the Office of Administrative Hearings. The bill would deem a decision made by an administrative law judge in the division to be a recommendation and not final until accepted by the board, as prescribed. Following the board's acceptance, modification, or rejection of the recommendation, the bill would authorize the board to issue a cease and desist order. The bill would authorize an appeal of the board's decision on the recommendation or of the adoption of the recommendation due to the failure to act to a superior court.
Who sponsors AB 313?
AB 313 is sponsored by Gray.
What is the current status of AB 313?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 313?
Track AB 313 free on One Click Politics — get push/email alerts when it moves.

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