Rebecca Bauer-Kahan
- Democratic
- Assemblymember
- District 16
Author
(1) Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would require the State Water Resources Control Board to adjust for inflation, by January 1 of each year, beginning in 2026, the amounts of civil and administrative liabilities or penalties imposed by the board or in water right actions brought at the request of the board, as specified. (2) Existing law authorizes the board to issue an order to a person to cease and desist from violating, or threatening to violate, certain requirements relating to water use, including diverting or using water, other than as authorized. Upon the failure of any person to comply with a cease and desist order issued by the board, existing law authorizes the Attorney General, upon the request of the board, to petition the superior court for the issuance of prohibitory or mandatory injunctive relief as appropriate, and authorizes civil penalties for a violation of a cease and desist order, as specified. This bill would increase one of the specified civil penalties to $2,500 for each day in which a violation of a cease and desist order occurs. (3) Existing law authorizes a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by the board, an order or regulation adopted by the board, or a condition or reporting requirement for the diversion of floodwaters for groundwater recharge to be held civilly liable for an amount not to exceed $500 for each day in which the violation occurs. This bill would increase the amount of civil liability for the above-described violations to $1,000 for each day in which the violation occurs. The bill, if the violation is of a regulation or order adopted by the board that constitutes the diversion of water contrary to a curtailment order adopted by the board, would provide that a person or entity may be liable in an amount not to exceed $10,000 for each day in which the violation occurs, and $2,500 for each acre-foot of water diverted in violation of the curtailment order, beginning on the first day on which the violation occurs.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 342, Statutes of 2024.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 5.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 2.).
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 15).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 11).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 20. Page 1932.)
Read second time. Ordered to third reading.
Joint Rule 62(a), file notice suspended. (Page 1580.)
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 18).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 25).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 4.) (April 18). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended.
Referred to Coms. on W., P., & W. and JUD.
From printer. May be heard in committee March 9.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB460 | HTML |
| 02/06/23 - Introduced | |
| 03/30/23 - Amended Assembly | |
| 04/26/23 - Amended Assembly | |
| 05/18/23 - Amended Assembly | |
| 06/03/24 - Amended Senate | |
| 06/12/24 - Amended Senate | |
| 08/15/24 - Amended Senate | |
| 09/04/24 - Enrolled | |
| 09/22/24 - Chaptered |
| Document | Format |
|---|---|
| 04/14/23- Assembly Water, Parks and Wildlife | |
| 04/21/23- Assembly Judiciary | |
| 05/15/23- Assembly Appropriations | |
| 05/24/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/23/23- Senate Natural Resources and Water | |
| 06/07/24- Senate Natural Resources and Water | |
| 06/21/24- Senate Judiciary | |
| 08/02/24- Senate Appropriations | |
| 08/15/24- Senate Appropriations | |
| 08/29/24- Sen. Floor Analyses | |
| 08/30/24- ASSEMBLY FLOOR ANALYSIS |
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