California Senate Bill SB1146 Latest Draft

 BILL NUMBER: SB 1146AMENDED BILL TEXT AMENDED IN SENATE MAY 25, 2012 AMENDED IN SENATE APRIL 9, 2012 AMENDED IN SENATE MARCH 26, 2012 INTRODUCED BY Senator Pavley (Coauthor: Assembly Member Solorio) FEBRUARY 21, 2012 An act to amend Section 13752 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 1146, as amended, Pavley. Wells: reports: public availability. Existing law requires a person who digs, bores, or drills a water well, cathodic protection well, or a monitoring well, or abandons or destroys a well, or deepens or reperforates a well, to file a report of completion with the Department of Water Resources. Existing law prohibits those reports from being made available to the public, except under certain circumstances. This bill would instead require the department to, upon request, make the reports available to the public. The bill would require the department to provide specified disclaimers when providing the reports to the public. The bill would  also allow   authorize  the department to charge a fee for the provision of a report to recover the department's costs, that does not exceed the reasonable costs to the department of providing the report  , and   . The bill  would require the release of a report to comply with the Information Practices Act of 1977  and would require the department to redact from the report specified information pertaining to the well owner  . The bill would  also  require a person who requests a report to provide his or her name, address,  id   entification number from a government-issued source, as provided,  and reason for making the request. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13752 of the Water Code is amended to read: 13752. (a) Upon request, the department shall make available to the public a report made in accordance with paragraph (1) of subdivision (b) of Section 13751. (b) When providing a report to the public pursuant to subdivision (a), the department shall also provide a statement that includes all of the following: (1) The information provided in a report varies in accuracy, scale, origin, and completeness. (2) The information is provided without warranty of the suitability of the information for any particular purpose. (3) Use of the information in the report may require professional interpretation or judgment. (4) Any use of the information provided in a report is at the user' s own risk. (c) (1) The department may charge a fee for the provision of a report to recover the department's costs, that does not exceed the reasonable costs to the department of providing the report pursuant to this section.  These costs may include the costs of promulgating regulations to implement this section.  (2) The release of a report in possession of the department shall comply with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).  (3) Prior to releasing a report pursuant to this section, the department shall redact from the report the name and address of the well owner.  (d) (1) A person making a request pursuant to subdivision (a) shall, on a form provided by the department, provide his or her name, address,  identification number from an identification card issued pursuant to Section 13000 of the Vehicle Code,   driver's license, or passport,  and reason for making the request. (2) The department shall maintain copies of the forms submitted pursuant to paragraph (1) for five years.