Today's Law As Amended


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SB-1110 Water reports: urban retail water suppliers: informational order: conservation order.(2023-2024)



As Amends the Law Today


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, 2024, 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, 2025, 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, 2026, 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.