Bill Text: CA SB1110 | 2023-2024 | Regular Session | Amended
Bill Title: Water reports: urban retail water suppliers: informational order: conservation order.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1110 Detail]
Download: California-2023-SB1110-Amended.html
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Amended
IN
Assembly
June 26, 2024 |
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Amended
IN
Assembly
June 18, 2024 |
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Amended
IN
Senate
April 24, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1110
| Introduced by Senator Ashby |
February 13, 2024 |
An act to amend Section Sections 10609.24 and 10609.26 of, and to add Sections 10608.9, 10608.10, and 10609.23 and 10609.29 to, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1110, as amended, Ashby.
Water reports: urban retail water suppliers: informational order: conservation order.
Existing law establishes the Department of Water Resources in the Natural Resources Agency and prescribes the powers and responsibilities for the department. Existing law establishes the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality.
This bill would authorize the department and board to update regulations adopted for sustainable water use and demand reduction to address changes in statutory reporting requirements. The bill would authorize the board to adopt an enforcement
policy to guide its enforcement of those adopted regulations, as provided.
Existing law authorizes the State Water Resources Control Board, on and after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective, as provided. Existing law authorizes the board, on and after January 1, 2025, to issue a written notice to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2026, to issue a conservation order to an urban retail water supplier that does not meet its urban water use objective.
This bill would instead authorize the board to issue the informational orders on and after January 1, 2026, the written notice on and after January 1, 2027, and the conservation order on and after
January 1, 2028.
Existing law requires an urban retail water supplier to annually annually, by January 1, submit a report to the Department of Water Resources that includes, among other things, its calculated urban water use objective and its calculated actual urban water use. use, along with relevant supporting data, as provided.
This
bill would require an urban retail water supplier to submit one report to the department and the board annually based on the urban retail water supplier’s water use conditions for the previous calendar or fiscal year, as provided. The bill would require that report to be due on or before January 1st and to include all water use calculations required of urban retail water suppliers for sustainable water use and demand reduction. The bill would authorize the department and board to update regulations adopted for urban water use objectives and water use reporting to address changes in statutory reporting requirements. The bill would also authorize the board to adopt an enforcement policy to guide its enforcement of regulations adopted for urban water use objectives and water use reporting, as provided.
Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies.
This bill would authorize the board to enact emergency regulations, as specified, in accordance with the provisions of the act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
Notwithstanding subparagraph (C) of paragraph (4) of subdivision (b) of Section 10609, the department and board shall have the authority to update any regulations adopted pursuant to this part to address changes in statutory reporting requirements. Regulations updated pursuant to this section are not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code.
(a)The board may adopt an enforcement policy to guide its enforcement of regulations adopted pursuant to this part.
(b)Any enforcement policy adopted pursuant to subdivision (a) shall consider enforcement priorities that are consistent with the legislative findings, declarations, and intent established by this part.
(c)During the process of formulating, or revising, the enforcement policy adopted pursuant to subdivision (a), the board shall solicit and incorporate input from urban retail water suppliers, local communities, and any other parties or members of the public who may be affected by the board’s enforcement of regulations adopted pursuant to this part.
(d)Before the board adopts any enforcement policy pursuant to subdivision (a), the board shall hold a public hearing on the policy. At least 60 days in advance of that hearing, the board shall notify all affected parties by notice of hearing through its internet website and release a draft of the enforcement policy for public review.
(e)Any enforcement policy adopted pursuant to subdivision (a) is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code.
SEC. 3.SECTION 1.
Section 10609.23 is added to the Water Code, to read:10609.23.
(a) Notwithstanding Sections 10608.34, 10608.36, 10608.40, and 10609.24, an urban retail water supplier shall submit one report to the department and the board annually based on the urban retail water supplier’s water use conditions for the previous calendar or fiscal year. The report shall include all water use calculations required of urban retail water suppliers by this part. Reports shall be due on or before January 1, annually.(b) The reporting timeframe, whether calendar or fiscal year, shall be selected at the urban retail water supplier’s discretion. For reports due January 1, 2024, fiscal year reporting means the period of July 1, 2022 to June 30, 2023,
inclusive, and calendar year reporting means the period of January 1, 2022 to December 31, 2022, inclusive. Future reports shall follow the specified timeframes, as applicable.
SEC. 2.
Section 10609.24 of the Water Code is amended to read:10609.24.
(a) An urban retail water supplier shall submit a report to the department no later than January 1, 2024, and by January 1 every year thereafter. The report shall include all of the following:(1) The urban water use objective calculated pursuant to Section 10609.20 along with relevant supporting data.
(2) The actual urban water use calculated pursuant to Section 10609.22 along with relevant supporting data.
(3) Documentation of the implementation of the performance measures for CII water use.
(4) A description of the progress made towards meeting the urban water use
objective.
(5) The validated water loss audit report conducted pursuant to Section 10608.34.
(b) The department shall post the reports and information on its internet website.
(c) The board may issue an information order or conservation order to, or impose civil liability on, an entity or individual for failure to submit a report required by this section.
(d) Notwithstanding subparagraph (C) of paragraph (4) of subdivision (b) of Section 10609, the department and board shall have the authority to update any regulations adopted pursuant to this chapter to address changes in statutory reporting requirements.
SEC. 4.SEC. 3.
Section 10609.26 of the Water Code is amended to read:10609.26.
(a) (1) On and after January 1, 2026, the board may issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective required by this chapter. Informational orders are intended to obtain information on supplier activities, water production, and conservation efforts in order to identify technical assistance needs and assist urban water suppliers in meeting their urban water use objectives.(2) In determining whether to issue an informational order, the board shall consider the degree to which the urban retail water supplier is not meeting its urban water use
objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet the urban water use objective.
(3) The board shall share information received pursuant to this subdivision with the department.
(4) An urban water supplier may request technical assistance from the department. The technical assistance may, to the extent available, include guidance documents, tools, and data.
(b) On and after January 1, 2027, the board may issue a written notice to an urban retail water supplier that does not meet its urban water use objective required by this chapter. The written notice may warn the urban retail water supplier that
it is not meeting its urban water use objective described in Section 10609.20 and is not making adequate progress in meeting the urban water use objective, and may request that the urban retail water supplier address areas of concern in its next annual report required by Section 10609.24. In deciding whether to issue a written notice, the board may consider whether the urban retail water supplier has received an informational order, the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet its urban water use objective.
(c) (1) On and after January 1, 2028, the board may issue a conservation order to an urban
retail water supplier that does not meet its urban water use objective. A conservation order may consist of, but is not limited to, referral to the department for technical assistance, requirements for education and outreach, requirements for local enforcement, and other efforts to assist urban retail water suppliers in meeting their urban water use objective.
(2) In issuing a conservation order, the board shall identify specific deficiencies in an urban retail water supplier’s progress towards meeting its urban water use objective, and identify specific actions to address the deficiencies.
(3) The board may request that the department provide an urban retail water supplier with technical assistance to support the urban retail water supplier’s actions to remedy the deficiencies.
(d) A conservation order issued in accordance with this chapter may include requiring actions intended to increase water-use efficiency, but shall not curtail or otherwise limit the exercise of a water right, nor shall it require the imposition of civil liability pursuant to Section 377.
SEC. 4.
Section 10609.29 is added to the Water Code, to read:10609.29.
(a) The board may adopt an enforcement policy to guide its enforcement of regulations adopted pursuant to this chapter.(b) Any enforcement policy adopted pursuant to subdivision (a) shall consider enforcement priorities that are consistent with the legislative findings, declarations, and intent established by this chapter.
(c) During the process of formulating, or revising, the enforcement policy adopted pursuant to subdivision (a), the board shall solicit and incorporate input from urban retail water suppliers, local communities, and any other parties or members of the public who may be affected by the board’s enforcement of regulations adopted pursuant to this chapter.
(d) Before the board adopts any enforcement policy pursuant to subdivision (a), the board shall hold a public hearing on the policy. At least 60 days in advance of that hearing, the board shall notify all affected parties by notice of hearing through its internet website and release a draft of the enforcement policy for public review.
SEC. 5.
(a) The State Water Resources Control Board may adopt, by emergency regulation, amendments to Chapter 3.5 (commencing with Section 980) of Division 3 of Title 23 of the California Code of Regulations, as may be required pursuant to Senate Bill 1110 of the 2023–24 Regular Session.(b) The emergency regulations adopted pursuant to this section shall be adopted by the State Water Resources Control Board in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code). 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, any emergency regulations adopted by the State Water Resources Control Board pursuant to this section shall be filed with, but not repealed by, the Office of Administrative Law and shall remain in effect until revised by the State Water Resources Control Board.
