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| 1 | + | Amended IN Senate September 01, 2023 Amended IN Senate June 26, 2023 Amended IN Senate June 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1272Introduced by Assembly Member WoodFebruary 16, 2023 An act to amend Sections 1831 and 1846 of, and to add Section 13150 to, the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTAB 1272, as amended, Wood. State Water Resources Control Board: drought planning.(1) Existing law establishes the State Water Resources Control Board and the California regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control. The bill would require the state board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose.(2) Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. Existing law authorizes civil liability for a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or regulations adopted by, the state board to be held civilly liable for in an amount not to exceed $500 for each day that the violation occurs.This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage. The bill would authorize shortage, and would authorize a $500-per-day civil liability for a person who violates a principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage to be held liable in an amount not to exceed the sum of $500 for each day that the violation occurs. one of those principles or guidelines.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Droughts and extreme weather events in California are becoming more frequent and more severe.(b) The rapidly changing climate threatens the health of Californias rivers and streams that provide water for the states farms and communities, as well as for fish and wildlife.(c) In 2013, California established a Human Right to Water in Assembly Bill 685 (Chapter 524 of the Statutes of 2012), which declares that every person in the state has a right to clean, safe, affordable, and accessible drinking water.(d) Californias coastal watersheds are especially susceptible to the extreme, dry conditions that are common under the current climate regime, but are also amenable to certain solutions, since annual rainfall exceeds demand in many of these watersheds.SEC. 2.Section 1831 of the Water Code is amended to read:1831.(a)When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b)The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c)The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d)The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1)The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2)Any term or condition of a permit, license, certification, or registration issued under this division.(3)Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4)A regulation adopted under Section 1058.5.(5)Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6)Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A)A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.(B)The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C)The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7)An applicable principle or guideline established by the board pursuant to Section 13150.(e)This article does not alter the regulatory authority of the board under other provisions of law.SEC. 3.Section 1846 of the Water Code is amended to read:1846.(a)A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1)A term or condition of a permit, license, certificate, or registration issued under this division.(2)A regulation or order adopted by the board.(3)A principle or guideline established by the board pursuant to Section 13150.(b)Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c)Civil liability may be imposed administratively by the board pursuant to Section 1055.SEC. 2. Section 1831 of the Water Code is amended to read:1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law.SEC. 3. Section 1846 of the Water Code is amended to read:1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1) A term or condition of a permit, license, certificate, or registration issued under this division.(2) A regulation or order adopted by the board.(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(4) A principle or guideline established by the board pursuant to Section 13150.(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c) Civil liability may be imposed administratively by the board pursuant to Section 1055.SEC. 4. Section 13150 is added to the Water Code, to read:13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs from which that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
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| 3 | + | Amended IN Senate September 01, 2023 Amended IN Senate June 26, 2023 Amended IN Senate June 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1272Introduced by Assembly Member WoodFebruary 16, 2023 An act to amend Sections 1831 and 1846 of, and to add Section 13150 to, the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTAB 1272, as amended, Wood. State Water Resources Control Board: drought planning.(1) Existing law establishes the State Water Resources Control Board and the California regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control. The bill would require the state board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose.(2) Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. Existing law authorizes civil liability for a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or regulations adopted by, the state board to be held civilly liable for in an amount not to exceed $500 for each day that the violation occurs.This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage. The bill would authorize shortage, and would authorize a $500-per-day civil liability for a person who violates a principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage to be held liable in an amount not to exceed the sum of $500 for each day that the violation occurs. one of those principles or guidelines.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate September 01, 2023 Amended IN Senate June 26, 2023 Amended IN Senate June 13, 2023 | |
| 6 | 6 | ||
| 7 | - | Enrolled July 03, 2024 | |
| 8 | - | Passed IN Senate September 11, 2023 | |
| 9 | - | Passed IN Assembly September 12, 2023 | |
| 10 | 7 | Amended IN Senate September 01, 2023 | |
| 11 | 8 | Amended IN Senate June 26, 2023 | |
| 12 | 9 | Amended IN Senate June 13, 2023 | |
| 13 | 10 | ||
| 14 | 11 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 15 | 12 | ||
| 16 | 13 | Assembly Bill | |
| 17 | 14 | ||
| 18 | 15 | No. 1272 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member WoodFebruary 16, 2023 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Assembly Member Wood | |
| 23 | 20 | February 16, 2023 | |
| 24 | 21 | ||
| 25 | 22 | An act to amend Sections 1831 and 1846 of, and to add Section 13150 to, the Water Code, relating to water. | |
| 26 | 23 | ||
| 27 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 25 | ||
| 29 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 27 | ||
| 31 | - | AB 1272, Wood. State Water Resources Control Board: drought planning. | |
| 28 | + | AB 1272, as amended, Wood. State Water Resources Control Board: drought planning. | |
| 32 | 29 | ||
| 33 | - | (1) Existing law establishes the State Water Resources Control Board and the California regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control. The bill would require the state board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose.(2) Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. Existing law authorizes civil liability for a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or regulations adopted by, the state board in an amount not to exceed $500 for each day that the violation occurs.This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage, and would authorize | |
| 30 | + | (1) Existing law establishes the State Water Resources Control Board and the California regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control. The bill would require the state board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose.(2) Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. Existing law authorizes civil liability for a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or regulations adopted by, the state board to be held civilly liable for in an amount not to exceed $500 for each day that the violation occurs.This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage. The bill would authorize shortage, and would authorize a $500-per-day civil liability for a person who violates a principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage to be held liable in an amount not to exceed the sum of $500 for each day that the violation occurs. one of those principles or guidelines. | |
| 34 | 31 | ||
| 35 | 32 | (1) Existing law establishes the State Water Resources Control Board and the California regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control. | |
| 36 | 33 | ||
| 37 | 34 | The bill would require the state board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose. | |
| 38 | 35 | ||
| 39 | - | (2) Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. Existing law authorizes civil liability for a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or regulations adopted by, the state board in an amount not to exceed $500 for each day that the violation occurs. | |
| 36 | + | (2) Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. Existing law authorizes civil liability for a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or regulations adopted by, the state board to be held civilly liable for in an amount not to exceed $500 for each day that the violation occurs. | |
| 40 | 37 | ||
| 41 | - | This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage, and would authorize | |
| 38 | + | This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage. The bill would authorize shortage, and would authorize a $500-per-day civil liability for a person who violates a principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage to be held liable in an amount not to exceed the sum of $500 for each day that the violation occurs. one of those principles or guidelines. | |
| 42 | 39 | ||
| 43 | 40 | ## Digest Key | |
| 44 | 41 | ||
| 45 | 42 | ## Bill Text | |
| 46 | 43 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Droughts and extreme weather events in California are becoming more frequent and more severe.(b) The rapidly changing climate threatens the health of Californias rivers and streams that provide water for the states farms and communities, as well as for fish and wildlife.(c) In 2013, California established a Human Right to Water in Assembly Bill 685 (Chapter 524 of the Statutes of 2012), which declares that every person in the state has a right to clean, safe, affordable, and accessible drinking water.(d) Californias coastal watersheds are especially susceptible to the extreme, dry conditions that are common under the current climate regime, but are also amenable to certain solutions, since annual rainfall exceeds demand in many of these watersheds.SEC. 2. | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Droughts and extreme weather events in California are becoming more frequent and more severe.(b) The rapidly changing climate threatens the health of Californias rivers and streams that provide water for the states farms and communities, as well as for fish and wildlife.(c) In 2013, California established a Human Right to Water in Assembly Bill 685 (Chapter 524 of the Statutes of 2012), which declares that every person in the state has a right to clean, safe, affordable, and accessible drinking water.(d) Californias coastal watersheds are especially susceptible to the extreme, dry conditions that are common under the current climate regime, but are also amenable to certain solutions, since annual rainfall exceeds demand in many of these watersheds.SEC. 2.Section 1831 of the Water Code is amended to read:1831.(a)When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b)The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c)The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d)The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1)The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2)Any term or condition of a permit, license, certification, or registration issued under this division.(3)Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4)A regulation adopted under Section 1058.5.(5)Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6)Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A)A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.(B)The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C)The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7)An applicable principle or guideline established by the board pursuant to Section 13150.(e)This article does not alter the regulatory authority of the board under other provisions of law.SEC. 3.Section 1846 of the Water Code is amended to read:1846.(a)A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1)A term or condition of a permit, license, certificate, or registration issued under this division.(2)A regulation or order adopted by the board.(3)A principle or guideline established by the board pursuant to Section 13150.(b)Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c)Civil liability may be imposed administratively by the board pursuant to Section 1055.SEC. 2. Section 1831 of the Water Code is amended to read:1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law.SEC. 3. Section 1846 of the Water Code is amended to read:1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1) A term or condition of a permit, license, certificate, or registration issued under this division.(2) A regulation or order adopted by the board.(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(4) A principle or guideline established by the board pursuant to Section 13150.(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c) Civil liability may be imposed administratively by the board pursuant to Section 1055.SEC. 4. Section 13150 is added to the Water Code, to read:13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs from which that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 48 | 45 | ||
| 49 | 46 | The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | 48 | ## The people of the State of California do enact as follows: | |
| 52 | 49 | ||
| 53 | 50 | SECTION 1. The Legislature finds and declares all of the following:(a) Droughts and extreme weather events in California are becoming more frequent and more severe.(b) The rapidly changing climate threatens the health of Californias rivers and streams that provide water for the states farms and communities, as well as for fish and wildlife.(c) In 2013, California established a Human Right to Water in Assembly Bill 685 (Chapter 524 of the Statutes of 2012), which declares that every person in the state has a right to clean, safe, affordable, and accessible drinking water.(d) Californias coastal watersheds are especially susceptible to the extreme, dry conditions that are common under the current climate regime, but are also amenable to certain solutions, since annual rainfall exceeds demand in many of these watersheds. | |
| 54 | 51 | ||
| 55 | 52 | SECTION 1. The Legislature finds and declares all of the following:(a) Droughts and extreme weather events in California are becoming more frequent and more severe.(b) The rapidly changing climate threatens the health of Californias rivers and streams that provide water for the states farms and communities, as well as for fish and wildlife.(c) In 2013, California established a Human Right to Water in Assembly Bill 685 (Chapter 524 of the Statutes of 2012), which declares that every person in the state has a right to clean, safe, affordable, and accessible drinking water.(d) Californias coastal watersheds are especially susceptible to the extreme, dry conditions that are common under the current climate regime, but are also amenable to certain solutions, since annual rainfall exceeds demand in many of these watersheds. | |
| 56 | 53 | ||
| 57 | 54 | SECTION 1. The Legislature finds and declares all of the following: | |
| 58 | 55 | ||
| 59 | 56 | ### SECTION 1. | |
| 60 | 57 | ||
| 61 | 58 | (a) Droughts and extreme weather events in California are becoming more frequent and more severe. | |
| 62 | 59 | ||
| 63 | 60 | (b) The rapidly changing climate threatens the health of Californias rivers and streams that provide water for the states farms and communities, as well as for fish and wildlife. | |
| 64 | 61 | ||
| 65 | 62 | (c) In 2013, California established a Human Right to Water in Assembly Bill 685 (Chapter 524 of the Statutes of 2012), which declares that every person in the state has a right to clean, safe, affordable, and accessible drinking water. | |
| 66 | 63 | ||
| 67 | 64 | (d) Californias coastal watersheds are especially susceptible to the extreme, dry conditions that are common under the current climate regime, but are also amenable to certain solutions, since annual rainfall exceeds demand in many of these watersheds. | |
| 68 | 65 | ||
| 69 | - | SEC. 2. Section 1831 of the Water Code is amended to read:1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 66 | + | ||
| 67 | + | ||
| 68 | + | ||
| 69 | + | ||
| 70 | + | (a)When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation. | |
| 71 | + | ||
| 72 | + | ||
| 73 | + | ||
| 74 | + | (b)The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board. | |
| 75 | + | ||
| 76 | + | ||
| 77 | + | ||
| 78 | + | (c)The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834. | |
| 79 | + | ||
| 80 | + | ||
| 81 | + | ||
| 82 | + | (d)The board may issue a cease and desist order in response to a violation or threatened violation of any of the following: | |
| 83 | + | ||
| 84 | + | ||
| 85 | + | ||
| 86 | + | (1)The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division. | |
| 87 | + | ||
| 88 | + | ||
| 89 | + | ||
| 90 | + | (2)Any term or condition of a permit, license, certification, or registration issued under this division. | |
| 91 | + | ||
| 92 | + | ||
| 93 | + | ||
| 94 | + | (3)Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order. | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | (4)A regulation adopted under Section 1058.5. | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | (5)Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. | |
| 103 | + | ||
| 104 | + | ||
| 105 | + | ||
| 106 | + | (6)Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies: | |
| 107 | + | ||
| 108 | + | ||
| 109 | + | ||
| 110 | + | (A)A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code. | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (B)The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149. | |
| 115 | + | ||
| 116 | + | ||
| 117 | + | ||
| 118 | + | (C)The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code. | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | (7)An applicable principle or guideline established by the board pursuant to Section 13150. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | (e)This article does not alter the regulatory authority of the board under other provisions of law. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | ||
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (a)A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs: | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (1)A term or condition of a permit, license, certificate, or registration issued under this division. | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (2)A regulation or order adopted by the board. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (3)A principle or guideline established by the board pursuant to Section 13150. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (b)Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums. | |
| 151 | + | ||
| 152 | + | ||
| 153 | + | ||
| 154 | + | (c)Civil liability may be imposed administratively by the board pursuant to Section 1055. | |
| 155 | + | ||
| 156 | + | ||
| 157 | + | ||
| 158 | + | SEC. 2. Section 1831 of the Water Code is amended to read:1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 70 | 159 | ||
| 71 | 160 | SEC. 2. Section 1831 of the Water Code is amended to read: | |
| 72 | 161 | ||
| 73 | 162 | ### SEC. 2. | |
| 74 | 163 | ||
| 75 | - | 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 164 | + | 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 76 | 165 | ||
| 77 | - | 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 166 | + | 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 78 | 167 | ||
| 79 | - | 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 168 | + | 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.(2) Any term or condition of a permit, license, certification, or registration issued under this division.(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.(4) A regulation adopted by the board.(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.(6) Any diversion or use of water for cannabis cultivation cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies:(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, of Division 10 of the Business and Professions Code.(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(8) An applicable principle or guideline established by the board pursuant to Section 13150.(e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 80 | 169 | ||
| 81 | 170 | ||
| 82 | 171 | ||
| 83 | 172 | 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation. | |
| 84 | 173 | ||
| 85 | 174 | (b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board. | |
| 86 | 175 | ||
| 87 | 176 | (c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834. | |
| 88 | 177 | ||
| 89 | 178 | (d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following: | |
| 90 | 179 | ||
| 91 | 180 | (1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division. | |
| 92 | 181 | ||
| 93 | 182 | (2) Any term or condition of a permit, license, certification, or registration issued under this division. | |
| 94 | 183 | ||
| 95 | 184 | (3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order. | |
| 96 | 185 | ||
| 97 | 186 | (4) A regulation adopted by the board. | |
| 98 | 187 | ||
| 99 | 188 | (5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. | |
| 100 | 189 | ||
| 101 | - | (6) Any diversion or use of water for cannabis cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies: | |
| 190 | + | (6) Any diversion or use of water for cannabis cultivation cultivation, if any of paragraphs (1) to (5), inclusive, or any of the following applies: | |
| 102 | 191 | ||
| 103 | - | (A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code. | |
| 192 | + | (A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, of Division 10 of the Business and Professions Code. | |
| 104 | 193 | ||
| 105 | 194 | (B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149. | |
| 106 | 195 | ||
| 107 | 196 | (C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code. | |
| 108 | 197 | ||
| 109 | 198 | (7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1. | |
| 110 | 199 | ||
| 111 | 200 | (8) An applicable principle or guideline established by the board pursuant to Section 13150. | |
| 112 | 201 | ||
| 113 | 202 | (e) This article does not alter the regulatory authority of the board under other provisions of law. | |
| 114 | 203 | ||
| 115 | 204 | SEC. 3. Section 1846 of the Water Code is amended to read:1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1) A term or condition of a permit, license, certificate, or registration issued under this division.(2) A regulation or order adopted by the board.(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(4) A principle or guideline established by the board pursuant to Section 13150.(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c) Civil liability may be imposed administratively by the board pursuant to Section 1055. | |
| 116 | 205 | ||
| 117 | 206 | SEC. 3. Section 1846 of the Water Code is amended to read: | |
| 118 | 207 | ||
| 119 | 208 | ### SEC. 3. | |
| 120 | 209 | ||
| 121 | 210 | 1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1) A term or condition of a permit, license, certificate, or registration issued under this division.(2) A regulation or order adopted by the board.(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(4) A principle or guideline established by the board pursuant to Section 13150.(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c) Civil liability may be imposed administratively by the board pursuant to Section 1055. | |
| 122 | 211 | ||
| 123 | 212 | 1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1) A term or condition of a permit, license, certificate, or registration issued under this division.(2) A regulation or order adopted by the board.(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(4) A principle or guideline established by the board pursuant to Section 13150.(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c) Civil liability may be imposed administratively by the board pursuant to Section 1055. | |
| 124 | 213 | ||
| 125 | 214 | 1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:(1) A term or condition of a permit, license, certificate, or registration issued under this division.(2) A regulation or order adopted by the board.(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.(4) A principle or guideline established by the board pursuant to Section 13150.(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.(c) Civil liability may be imposed administratively by the board pursuant to Section 1055. | |
| 126 | 215 | ||
| 127 | 216 | ||
| 128 | 217 | ||
| 129 | 218 | 1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs: | |
| 130 | 219 | ||
| 131 | 220 | (1) A term or condition of a permit, license, certificate, or registration issued under this division. | |
| 132 | 221 | ||
| 133 | 222 | (2) A regulation or order adopted by the board. | |
| 134 | 223 | ||
| 135 | 224 | (3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1. | |
| 136 | 225 | ||
| 137 | 226 | (4) A principle or guideline established by the board pursuant to Section 13150. | |
| 138 | 227 | ||
| 139 | 228 | (b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums. | |
| 140 | 229 | ||
| 141 | 230 | (c) Civil liability may be imposed administratively by the board pursuant to Section 1055. | |
| 142 | 231 | ||
| 143 | - | SEC. 4. Section 13150 is added to the Water Code, to read:13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 232 | + | SEC. 4. Section 13150 is added to the Water Code, to read:13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs from which that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 144 | 233 | ||
| 145 | 234 | SEC. 4. Section 13150 is added to the Water Code, to read: | |
| 146 | 235 | ||
| 147 | 236 | ### SEC. 4. | |
| 148 | 237 | ||
| 149 | - | 13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 238 | + | 13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs from which that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 150 | 239 | ||
| 151 | - | 13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 240 | + | 13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs from which that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 152 | 241 | ||
| 153 | - | 13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 242 | + | 13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:(i) Drain to the Pacific Ocean.(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.(ii) Diversions located on any mainstem river or stream downstream of reservoirs from which that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency.(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines.(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.(d) This section does not alter the regulatory authority of the state board under any other law. | |
| 154 | 243 | ||
| 155 | 244 | ||
| 156 | 245 | ||
| 157 | 246 | 13150. (a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans. | |
| 158 | 247 | ||
| 159 | 248 | (2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics: | |
| 160 | 249 | ||
| 161 | 250 | (i) Drain to the Pacific Ocean. | |
| 162 | 251 | ||
| 163 | 252 | (ii) Are located wholly within California regional water quality control board region 1, 2, or 3. | |
| 164 | 253 | ||
| 165 | 254 | (iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.). | |
| 166 | 255 | ||
| 167 | 256 | (B) Notwithstanding subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following: | |
| 168 | 257 | ||
| 169 | 258 | (i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow. | |
| 170 | 259 | ||
| 171 | - | (ii) Diversions located on any mainstem river or stream downstream of reservoirs that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage to meet minimum instream flow requirements established by a state or federal agency. | |
| 260 | + | (ii) Diversions located on any mainstem river or stream downstream of reservoirs from which that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage are made to meet minimum instream flow requirements established by a state or federal agency. | |
| 172 | 261 | ||
| 173 | 262 | (iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point. | |
| 174 | 263 | ||
| 175 | 264 | (b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article. | |
| 176 | 265 | ||
| 177 | 266 | (2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways. | |
| 178 | 267 | ||
| 179 | 268 | (3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines. | |
| 180 | 269 | ||
| 181 | 270 | (4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat. | |
| 182 | 271 | ||
| 183 | 272 | (c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards. | |
| 184 | 273 | ||
| 185 | 274 | (d) This section does not alter the regulatory authority of the state board under any other law. |