California 2009-2010, 7th Special Session Status: To Executive

SB 8 — Water diversion and use: reporting: resources: Disaster Preparedness and Flood Prevention Bond Act of 2006: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.

Last action — Chaptered by Secretary of State. Chapter 2, Statutes of 2009-10 Seventh Extraordinary Session.

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

This bill died with 2009-2010, 7th Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and use. Existing law requires a statement to include specified information, including, on and after January 1, 2012, monthly records of water diversions. Under existing law, the monthly record requirement does not apply to a surface water diversion with a combined diversion capacity from a natural channel that is less than 50 cubic feet per second or to diverters using siphons in the tidal zone. Existing law subjects a person who makes a material misstatement in connection with the filing of the diversion and use statements to administratively imposed civil penalties in the amount of $500 for each violation. This bill would revise the types of water diversions for which the reporting requirement does not apply, including, among other diversions, a diversion that occurs before January 1, 2009, if certain requirements are met. The bill would delete exceptions to the monthly record requirement, and revise requirements relating to the contents of the statement of diversion and use. The bill would subject a person to civil liability if that person fails to file, as required, a diversion and use statement for a diversion or use that occurs after January 1, 2009, tampers with any measuring device, or makes a material misstatement in connection with the filing of a diversion and use statement. The board would be authorized to impose the civil liability in accordance with a specified schedule. The bill would authorize the board and the Department of Water Resources to adopt emergency regulations for the filing of reports of water diversion or use that are required to be filed by those respective state agencies under specified statutory provisions. The bill would make additional conforming changes and would set forth related legislative findings and declarations. (2) The Budget Act of 2009 made appropriations for the support of the State Water Resources Control Board for the 2009–10 fiscal year, with certain payments from the Water Rights Fund. This bill would amend and supplement the Budget Act of 2009 by making an additional appropriation from the fund to support water rights enforcement. The bill would, commencing with the 2010–11 fiscal year, continuously appropriate $3,750,000 on an annual basis only from fee revenue in the fund to the board for the purpose of funding permanent water right enforcement positions. (3) Under existing law, various bond acts have been approved by the voters to provide funds for water projects, facilities, and programs. The Disaster Preparedness and Flood Prevention Bond Act of 2006, a bond act approved by the voters at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $4,090,000,000 for the purposes of financing disaster preparedness and flood prevention projects. The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative bond act approved by the voters at the November 7, 2006, statewide general election, 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 $546,000,000 from these bond acts for integrated regional water management, flood control and management, and natural community conservation planing, as provided. (4) The bill would take effect only if SB 1, SB 6, and SB 7 of the 2009–10 7th Extraordinary Session of the Legislature are enacted and become effective.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 2, Statutes of 2009-10 Seventh Extraordinary Session.

  2. Approved by Governor.

  3. Enrolled. To Governor at 2:30 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 23. Noes 3. Page 34.) To enrollment.

  5. In Senate.

  6. Read third time. Passed. (Ayes 49. Noes 20. Page 41.) To Senate.

  7. Read third time. Amended. (Page 40.)

  8. Read second time.

  9. (Ayes 57. Noes 8. Page 39.)

  10. Art. IV, Sec. 8(b), of Constitution dispensed with.

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 21. Noes 12. Page 23.) To Assembly.

  13. Placed on third reading.

  14. Senate Rule 29 suspended. (Ayes 22. Noes 11. Page 22.)

  15. Amended.

  16. Read second time.

  17. From committee: Do pass as amended. (Ayes 21. Noes 4. Page 37.)

  18. Senate Rule 29.3 suspended. (Ayes 22. Noes 11. Page 22.)

  19. Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

  20. Placed on third reading.

  21. Read second time.

  22. Placed on second reading file.

  23. Withdrawn from committee.

  24. Introduced. Read first time. To Com. on RLS.

Sponsors

  • Steinberg · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Steinberg

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

W/O REF. TO FILE SB8 Steinberg

Passed 24 Yea · 3 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 213013
Democratic 2001
Republican 1000
Total 243014
% of votes cast 59%7%0%34%
How each member voted (41)
Member Party Vote
Wyland — Not Voting
Correa — Not Voting
DeSaulnier — Not Voting
Denham — Nay
Dutton — Nay
Florez — Yea
Yee — Not Voting
Cedillo — Yea
Negrete — Yea
Hancock — Yea
Cogdill — Yea
Cox — Nay
Ducheny — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Runner — Not Voting
Corbett — Not Voting
Walters — Not Voting
Ashburn — Not Voting
Aanestad — Not Voting
Alquist — Yea
Benoit — Yea
Harman — Not Voting
Huff — Not Voting
Liu — Yea
Maldonado — Yea
Oropeza — Not Voting
Price — Yea
Wiggins — Yea
Wolk — Not Voting
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 56 Yea · 23 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 522209
Democratic 3101
Republican 1002
Total 5623012
% of votes cast 62%25%0%13%
How each member voted (91)
Member Party Vote
Emmerson — Yea
Evans — Nay
Davis — Yea
DeVore — Nay
Yamada — Nay
Fuentes — Yea
Furutani — Yea
Gilmore — Yea
Bill — Nay
Carter — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Coto — Yea
Bass — Yea
Blakeslee — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Smyth — Yea
Solorio — Yea
Torrico — Yea
Berryhill — Nay
De — Nay
La — Nay
Torre — Nay
Gaines — Nay
Tom — Not Voting
Berryhill — Not Voting
Charles — Not Voting
Chesbro — Nay
Conway — Not Voting
Hayashi — Nay
Huber — Nay
Logue — Nay
Monning — Not Voting
Silva — Not Voting
Skinner — Nay
Ammiano — Not Voting
Swanson — Nay
Torlakson — Nay
Villines — Not Voting
Adams — Yea
Anderson — Nay
Beall — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Harkey — Nay
Hernandez — Yea
Jeffries — Nay
Mendoza — Yea
Miller — Nay
Nestande — Yea
Ruskin — Nay
Torres — Yea
Tran — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Nay
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Yea

Official roll call →

Senate Third SB8 Steinberg

Passed 22 Yea · 12 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 191107
Democratic 3000
Republican 0100
Total 221207
% of votes cast 54%29%0%17%
How each member voted (41)
Member Party Vote
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Yee — Nay
Hancock — Not Voting
Wyland — Nay
Negrete — Yea
Cedillo — Yea
Florez — Yea
Harman — Nay
Hollingsworth — Not Voting
Cogdill — Nay
Huff — Nay
Leno — Yea
Runner — Not Voting
Corbett — Nay
Correa — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Not Voting
Ducheny — Yea
Dutton — Not Voting
Wiggins — Yea
Wolk — Nay
Aanestad — Not Voting
Kehoe — Yea
Maldonado — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 22 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191305
Democratic 3000
Republican 0100
Total 221405
% of votes cast 54%34%0%12%
How each member voted (41)
Member Party Vote
Cedillo — Yea
Corbett — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Nay
Cogdill — Nay
Kehoe — Yea
Leno — Yea
Negrete — Yea
McLeod — Yea
Alquist — Yea
Ducheny — Yea
Pavley — Yea
Price — Yea
Wiggins — Yea
Wright — Yea
Wyland — Nay
Runner — Not Voting
Hancock — Not Voting
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Benoit — Not Voting
Dutton — Nay
Walters — Nay
Wolk — Nay
Aanestad — Not Voting
Ashburn — Nay
Liu — Yea
Maldonado — Yea
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 23 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 201007
Democratic 3000
Republican 0100
Total 231107
% of votes cast 56%27%0%17%
How each member voted (41)
Member Party Vote
Wyland — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Hancock — Not Voting
Cedillo — Yea
Harman — Nay
Cogdill — Nay
Huff — Nay
Kehoe — Yea
Negrete — Yea
Corbett — Yea
Liu — Yea
McLeod — Yea
Correa — Yea
Oropeza — Not Voting
Runner — Not Voting
Aanestad — Not Voting
Ashburn — Nay
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Not Voting
Alquist — Yea
Benoit — Not Voting
Hollingsworth — Nay
Leno — Yea
Maldonado — Not Voting
Steinberg — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 8 do?
(1) Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and use. Existing law requires a statement to include specified information, including, on and after January 1, 2012, monthly records of water diversions. Under existing law, the monthly record requirement does not apply to a surface water diversion with a combined diversion capacity from a natural channel that is less than 50 cubic feet per second or to diverters using siphons in the tidal zone. Existing law subjects a person who makes a material misstatement in connection with the filing of the diversion and use statements to administratively imposed civil penalties in the amount of $500 for each violation. This bill would revise the types of water diversions for which the reporting requirement does not apply, including, among other diversions, a diversion that occurs before January 1, 2009, if certain requirements are met. The bill would delete exceptions to the monthly record requirement, and revise requirements relating to the contents of the statement of diversion and use. The bill would subject a person to civil liability if that person fails to file, as required, a diversion and use statement for a diversion or use that occurs after January 1, 2009, tampers with any measuring device, or makes a material misstatement in connection with the filing of a diversion and use statement. The board would be authorized to impose the civil liability in accordance with a specified schedule. The bill would authorize the board and the Department of Water Resources to adopt emergency regulations for the filing of reports of water diversion or use that are required to be filed by those respective state agencies under specified statutory provisions. The bill would make additional conforming changes and would set forth related legislative findings and declarations. (2) The Budget Act of 2009 made appropriations for the support of the State Water Resources Control Board for the 2009–10 fiscal year, with certain payments from the Water Rights Fund. This bill would amend and supplement the Budget Act of 2009 by making an additional appropriation from the fund to support water rights enforcement. The bill would, commencing with the 2010–11 fiscal year, continuously appropriate $3,750,000 on an annual basis only from fee revenue in the fund to the board for the purpose of funding permanent water right enforcement positions. (3) Under existing law, various bond acts have been approved by the voters to provide funds for water projects, facilities, and programs. The Disaster Preparedness and Flood Prevention Bond Act of 2006, a bond act approved by the voters at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $4,090,000,000 for the purposes of financing disaster preparedness and flood prevention projects. The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative bond act approved by the voters at the November 7, 2006, statewide general election, 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 $546,000,000 from these bond acts for integrated regional water management, flood control and management, and natural community conservation planing, as provided. (4) The bill would take effect only if SB 1, SB 6, and SB 7 of the 2009–10 7th Extraordinary Session of the Legislature are enacted and become effective.
Who sponsors SB 8?
SB 8 is sponsored by Steinberg.
What is the current status of SB 8?
This bill died with 2009-2010, 7th Special 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 SB 8?
Track SB 8 free on One Click Politics — get push/email alerts when it moves.

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