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AB-2095 Public water systems: reduction of water charges: customers impacted by COVID-19.(2019-2020)

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Date Published: 05/01/2020 09:00 PM
AB2095:v97#DOCUMENT

Amended  IN  Assembly  May 04, 2020
Amended  IN  Assembly  February 20, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2095


Introduced by Assembly Member Cooper

February 05, 2020


An act to add Section 53069.55 116408 to the Government Health and Safety Code, relating to local government. water.


LEGISLATIVE COUNSEL'S DIGEST


AB 2095, as amended, Cooper. Water theft: enhanced penalties. Public water systems: reduction of water charges: customers impacted by COVID-19.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.
This bill would authorize a public water system to reduce the water charges imposed on a customer impacted by COVID-19 during the duration of the impact provided that the reduction does not increase the water charges imposed on another ratepayer.

Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation.

This bill would authorize the legislative body of a city or a county to make, by ordinance, any violation of an ordinance regarding water theft, as defined, subject to an administrative fine or penalty in excess of the limitations above, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 116408 is added to the Health and Safety Code, to read:

116408.
 A public water system may reduce the water charges imposed on a customer impacted by COVID-19 during the duration of the impact provided that the reduction does not increase the water charges imposed on another ratepayer.

SECTION 1.Section 53069.55 is added to the Government Code, immediately following Section 53069.5, to read:
53069.55.

(a)Notwithstanding subdivision (b) of Section 36900, the legislative body of a “local agency,” as defined in Section 54951, may, by ordinance, make any violation of an ordinance enacted by the local agency regarding water theft subject to an administrative fine or penalty.

(b)Where a violation is determined to be an infraction, it is punishable as follows:

(1)A fine not exceeding one thousand dollars ($1,000) for a first violation.

(2)A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.

(3)A fine not exceeding three thousand dollars ($3,000) for each additional violation of the same ordinance within one year.

(c)“Water theft” means an action to divert, tamper, or reconnect water utility services, as defined in Section 498 of the Penal Code.