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Article 3. State Water Resources Control Board of California Water Code >> Division 1. >> Chapter 2. >> Article 3.
(a) The Legislature hereby finds and declares that in order to
provide for the orderly and efficient administration of the water
resources of the state, it is necessary to establish a control board
that shall exercise the adjudicatory and regulatory functions of the
state in the field of water resources.
(b) It is also the intention of the Legislature to combine the water rights, water quality, and drinking water functions of the state government to provide for coordinated consideration of water rights, water quality, and safe and reliable drinking water.
(c) This section shall become operative on July 1, 2014.
(b) It is also the intention of the Legislature to combine the water rights, water quality, and drinking water functions of the state government to provide for coordinated consideration of water rights, water quality, and safe and reliable drinking water.
(c) This section shall become operative on July 1, 2014.
(a) There is in the California Environmental Protection Agency
the State Water Resources Control Board consisting of five members
appointed by the Governor. One of the members appointed shall be an
attorney admitted to practice law in this state who is qualified in
the fields of water supply and water rights, one shall be a
registered civil engineer under the laws of this state who is
qualified in the fields of water supply and water rights, one shall
be a registered professional engineer under the laws of this state
who is experienced in sanitary engineering and who is qualified in
the field of water quality, and one shall be qualified in the field
of water quality. One of the above-appointed persons, in addition to
having the specified qualifications, shall be qualified in the field
of water supply and water quality relating to irrigated agriculture.
One member shall not be required to have specialized experience.
(b) Each member shall represent the state at large and not any particular portion thereof and shall serve full time. The board shall, to the extent possible, be composed of members from different regions of the state. The appointments made by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code.
(b) Each member shall represent the state at large and not any particular portion thereof and shall serve full time. The board shall, to the extent possible, be composed of members from different regions of the state. The appointments made by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code.
(a) A member of the board shall not participate in any board
action pursuant to Article 2 (commencing with Section 13320) of
Chapter 5 of Division 7 in which the board member has a disqualifying
financial interest in the decision within the meaning of Section
87103 of the Government Code.
(b) A board member shall not participate in any proceeding before any regional board as a consultant or in any other capacity on behalf of any waste discharger.
(c) Upon the request of any person, or on the Attorney General's own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall pronounce judgment that the member be removed from office.
(b) A board member shall not participate in any proceeding before any regional board as a consultant or in any other capacity on behalf of any waste discharger.
(c) Upon the request of any person, or on the Attorney General's own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall pronounce judgment that the member be removed from office.
The annual salary of the members of the board is provided for
by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code. Each member of the board shall
receive the necessary traveling and other expenses incurred by him in
the performance of his official duties out of appropriations made
for the support of the board. When necessary the members of the board
may travel within or without the State.
All members of the board shall be appointed for terms of four
years. Vacancies shall be immediately filled by the Governor for the
unexpired portion of the terms in which they occur.
The members of the board may be removed from office by the
Legislature, by concurrent resolution adopted by a majority vote of
all members elected to each house, for dereliction of duty or
corruption or incompetency.
The board succeeds to and is vested with all of the powers,
duties, purposes, responsibilities, and jurisdiction vested in the
Department and Director of Public Works, the Division of Water
Resources of the Department of Public Works, the State Engineer, the
State Water Quality Control Board, or any officer or employee
thereof, under Division 2 (commencing with Section 1000), except Part
4 (commencing with Section 4000) and Part 6 (commencing with Section
5900) thereof; and Division 7 (commencing with Section 13000) of
this code, or any other law under which permits or licenses to
appropriate water are issued, denied, or revoked or under which the
functions of water pollution and quality control are exercised.
The board, or representatives authorized by the board to do
so, may call, conduct or attend conferences or hearings, official or
unofficial, within or without this state, or otherwise participate in
such conferences or hearings with interested persons, agencies or
officers, of this or any other state, or with the Congress of the
United States, congressional committees, or officers of the federal
government, concerning any matter within the scope of the power and
duties of the board.
As to any matter involving the United States, its
departments or agencies, which is within the scope of the power and
duties of the board, the board may represent the interest of the
state or any county, city, state agency or public district upon their
request, and to that end may correspond, confer and cooperate with
the United States, its departments or agencies, and where necessary
the board members, or authorized representatives, may travel either
within or without the state.
The board shall maintain its headquarters at Sacramento and
may establish branch offices in such parts of the state as the board
deems necessary. The board shall hold meetings at such times and at
such places as shall be determined by it. The Governor shall
designate the time and place for the first meeting of the board.
Three members of the board shall constitute a quorum for the purpose
of transacting any business of the board.
The Governor shall designate the chairperson of the board from
the membership of the board. The person so designated shall hold the
office of chairperson at the pleasure of the Governor. The board
shall elect a vice chairperson.
The board may hold any hearings and conduct any investigations
in any part of the state necessary to carry out the powers vested in
it, and for such purposes has the powers conferred upon heads of
departments of the state by Article 2 (commencing with Section
11180), Chapter 2, Part 1, Division 3, Title 2 of the Government
Code.
Any hearing or investigation by the board may be conducted by any
member upon authorization of the board, and he shall have the powers
granted to the board by this section, but any final action of the
board shall be taken by a majority of all the members of the board,
at a meeting duly called and held.
All hearings held by the board or by any member thereof shall be
open and public
The Department of Water Resources shall have an interest and
may appear as a party in any hearing held by the board and may
commence or appear in any judicial proceeding brought to inquire into
the validity of any action, order, or decision of the board.
The board shall adopt rules for the conduct of its affairs in
conformity, as nearly as practicable, with the provisions of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
(a) The board shall have any powers, and may employ any legal
counsel and other personnel and assistance, that may be necessary or
convenient for the exercise of its duties authorized by law.
(b) For the purpose of administration, the board shall organize itself, with the approval of the Governor, in the manner it deems necessary properly to segregate and conduct the work of the board. The work of the board shall be divided into at least two divisions, known as the Division of Water Rights and the Division of Water Quality. The board shall appoint a deputy director or division chief for each division, who shall supervise the work of the division and act as technical adviser to the board on functions under his or her jurisdiction.
(c) The Attorney General shall represent the board, or any affected regional water quality control board, or both the board and the regional board, and the state in litigation concerning affairs of the board, or a regional board, or both, unless the Attorney General represents another state agency that is a party to the action. In that case, the Attorney General may represent the board, the regional board, or both, with the written consent of the board and the other state agency, the board may contract for the services of private counsel to represent the board, the regional board, or both, subject to Section 11040 of the Government Code, or the legal counsel of the board may represent the board, the regional board, or both. Sections 11041, 11042, and 11043 of the Government Code are not applicable to the board. The legal counsel of the board shall advise and furnish legal services, except representation in litigation, to the regional boards upon their request.
(b) For the purpose of administration, the board shall organize itself, with the approval of the Governor, in the manner it deems necessary properly to segregate and conduct the work of the board. The work of the board shall be divided into at least two divisions, known as the Division of Water Rights and the Division of Water Quality. The board shall appoint a deputy director or division chief for each division, who shall supervise the work of the division and act as technical adviser to the board on functions under his or her jurisdiction.
(c) The Attorney General shall represent the board, or any affected regional water quality control board, or both the board and the regional board, and the state in litigation concerning affairs of the board, or a regional board, or both, unless the Attorney General represents another state agency that is a party to the action. In that case, the Attorney General may represent the board, the regional board, or both, with the written consent of the board and the other state agency, the board may contract for the services of private counsel to represent the board, the regional board, or both, subject to Section 11040 of the Government Code, or the legal counsel of the board may represent the board, the regional board, or both. Sections 11041, 11042, and 11043 of the Government Code are not applicable to the board. The legal counsel of the board shall advise and furnish legal services, except representation in litigation, to the regional boards upon their request.
The board, regional water quality control boards, the
Department of Water Resources, and other state agencies shall, to the
fullest extent possible, exchange records, reports, material, and
any other information relating to water, water rights, water
pollution or quality, or any areas of mutual concern, to the end that
unnecessary duplication of effort may be avoided.
The board may expend money appropriated for the administration
of the laws the administration of which is committed to the board.
Such expenditures by the board shall be made in accordance with
law in carrying on the work for which the appropriations were made.
The board shall publish biennial progress reports relating
to the activities of the board and California regional water quality
control boards.
(a) There is hereby established the Office of Sustainable
Water Solutions within the state board, which may be administered by
the state board as a separate organizational unit or within the state
board's divisions or offices.
(b) The purpose of the office is to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. In furtherance of this purpose, the office may take, but is not limited to, all of the following actions:
(1) Coordinating with and providing assistance to small drinking water systems, wastewater treatment systems, and disadvantaged communities without drinking water or wastewater treatment systems.
(2) Promoting and facilitating regional drinking water and wastewater projects.
(3) Promoting and facilitating regional solutions, including consolidation of existing water districts, expansion of existing water districts to serve communities unserved by public water systems and wastewater treatment systems, and extension of services to underserved communities and disadvantaged communities.
(4) Advancing the delivery of affordable, safe drinking water to disadvantaged communities throughout the state.
(5) Providing technical assistance to disadvantaged communities and small drinking water systems and wastewater systems, including grant application assistance, outreach and education in vulnerable communities, financial management support, and facilitation of discussions within and between communities.
(b) The purpose of the office is to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. In furtherance of this purpose, the office may take, but is not limited to, all of the following actions:
(1) Coordinating with and providing assistance to small drinking water systems, wastewater treatment systems, and disadvantaged communities without drinking water or wastewater treatment systems.
(2) Promoting and facilitating regional drinking water and wastewater projects.
(3) Promoting and facilitating regional solutions, including consolidation of existing water districts, expansion of existing water districts to serve communities unserved by public water systems and wastewater treatment systems, and extension of services to underserved communities and disadvantaged communities.
(4) Advancing the delivery of affordable, safe drinking water to disadvantaged communities throughout the state.
(5) Providing technical assistance to disadvantaged communities and small drinking water systems and wastewater systems, including grant application assistance, outreach and education in vulnerable communities, financial management support, and facilitation of discussions within and between communities.
(a) This section shall be known, and may be cited, as the
Low-Income Water Rate Assistance Act.
(b) No later than January 1, 2018, the board, in collaboration with the State Board of Equalization and relevant stakeholders, shall develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program, which shall include all of the following elements:
(1) A description of the method for collecting moneys to support and implement the program, including a discussion of any constitutional restrictions on public water agency ratesetting.
(2) A description of the mechanism for providing funding assistance under the program through either direct credits to enrollees in the program or reimbursements to water service providers, including a method for verifying income eligibility of low-income ratepayers, clarification of the role of the Public Utilities Commission and water utilities in determining and verifying customer eligibility, and recommendations regarding the structure of the program, particularly whether it will be administered by the state or locally administered.
(3) A description of the method to be used to determine the amount of moneys that may need to be collected from water ratepayers to fund the program. The plan shall include a set of recommendations and best practices of cost-savings measures to ensure water utilities are demonstrating whether and how they are keeping rates low. This section does not authorize the imposition of a state charge to fund the program.
(c) In developing the plan required in subdivision (b), the board may consider the existing rate assistance programs authorized by the Public Utilities Commission for investor-owned water utilities pursuant to Section 739.8 of the Public Utilities Code.
(d) The plan may also include recommendations for other cost-effective methods of offering assistance to low-income water customers besides rate assistance, including billing alternatives, installation of water conservation devices, and leak repair. In considering other methods, the board may consider the Public Utilities Commission's "Assessment of Water Utility Low-Income Assistance Programs."
(e) (1) No later than February 1, 2018, the board shall report to the Legislature on its findings regarding the feasibility, financial stability, and desired structure of the program, including any recommendations for legislative action that may need to be taken.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on February 1, 2022, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(f) For purposes of this section, the following terms have the following meanings:
(1) "Board" means the State Water Resources Control Board.
(2) "Low-income" means a household with income that is equal to or no greater than 200 percent of the federal poverty guideline level. For one-person households, program eligibility shall be based on two-person household guideline levels.
(3) "Program" means the Low-Income Water Rate Assistance Program.
(b) No later than January 1, 2018, the board, in collaboration with the State Board of Equalization and relevant stakeholders, shall develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program, which shall include all of the following elements:
(1) A description of the method for collecting moneys to support and implement the program, including a discussion of any constitutional restrictions on public water agency ratesetting.
(2) A description of the mechanism for providing funding assistance under the program through either direct credits to enrollees in the program or reimbursements to water service providers, including a method for verifying income eligibility of low-income ratepayers, clarification of the role of the Public Utilities Commission and water utilities in determining and verifying customer eligibility, and recommendations regarding the structure of the program, particularly whether it will be administered by the state or locally administered.
(3) A description of the method to be used to determine the amount of moneys that may need to be collected from water ratepayers to fund the program. The plan shall include a set of recommendations and best practices of cost-savings measures to ensure water utilities are demonstrating whether and how they are keeping rates low. This section does not authorize the imposition of a state charge to fund the program.
(c) In developing the plan required in subdivision (b), the board may consider the existing rate assistance programs authorized by the Public Utilities Commission for investor-owned water utilities pursuant to Section 739.8 of the Public Utilities Code.
(d) The plan may also include recommendations for other cost-effective methods of offering assistance to low-income water customers besides rate assistance, including billing alternatives, installation of water conservation devices, and leak repair. In considering other methods, the board may consider the Public Utilities Commission's "Assessment of Water Utility Low-Income Assistance Programs."
(e) (1) No later than February 1, 2018, the board shall report to the Legislature on its findings regarding the feasibility, financial stability, and desired structure of the program, including any recommendations for legislative action that may need to be taken.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on February 1, 2022, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(f) For purposes of this section, the following terms have the following meanings:
(1) "Board" means the State Water Resources Control Board.
(2) "Low-income" means a household with income that is equal to or no greater than 200 percent of the federal poverty guideline level. For one-person households, program eligibility shall be based on two-person household guideline levels.
(3) "Program" means the Low-Income Water Rate Assistance Program.
