CaliforniaWater theft: fire hydrants.
What it does
Existing law authorizes a utility to bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts certain acts, including, diverting or causing to be diverted, utility services by any means whatsoever. Existing law creates a rebuttable presumption that there is violation of these provisions if, on premises controlled by the customer or by the person using or receiving the direct benefit of utility service, certain actions occur, including that there is an instrument, apparatus, or device primarily designed to be used to obtain utility service without paying the full lawful charge for the utility.
More detail
This bill would add to the list of acts for which a utility may bring a civil cause of action under these circumstances to include tampering with a fire hydrant, fire hydrant meter, or fire detector check, or connecting to, diverting water from, or causing water to be diverted from, a fire hydrant without authorization from the utility that owns the fire hydrant, except as provided. The bill would also expand the rebuttable presumption for a violation of these provisions to include, among other things, if a person tampers with or uses a fire hydrant, fire hydrant meter, or fire detector check without authorization to obtain water and without paying the full lawful charge of the water.
Existing law authorizes the legislative body of a local agency, as defined, that provides water services to adopt an ordinance that prohibits water theft, as defined, and makes a violation of the ordinance subject to an administrative fine or penalty, as specified. Existing law sets forth a schedule of fines for a violation of an ordinance adopted pursuant to these provisions, including, if the violation is committed via meter tampering, a fine not exceeding $1,300 for a third or additional violation of the same ordinance within one year of the first violation, and for a violation of all other forms of water theft, a fine not exceeding $3,000 for a third or additional violation of the same ordinance within one year.
This bill would revise those fines to apply to the third or additional violation without regard to whether the violation occurred within one year of the first violation.
This bill would authorize a legislative body of a local agency, as defined, that provides retail water services, to adopt an ordinance that prohibits unauthorized connection to a fire hydrant, as defined, subject to an administrative fine or penalty, as specified. The bill would set forth a schedule of fines for a violation of the ordinance. The bill would prohibit a local agency from imposing a fine for the same offense under both an ordinance adopted by a local agency pursuant to these provisions that prohibits unauthorized connection to a fire hydrant and an ordinance adopted by the local agency pursuant to the provisions described above that prohibits water theft.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 10Chaptered by Secretary of State. Chapter 540, Statutes of 2025.Latest
- Oct 10Approved by the Governor Gavin Newsom.Became Law
- Sep 2Enrolled and presented to the Governor at 11 a.m.To Governor
- Aug 25Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2253.) Ordered to engrossing and enrolling.Major
- Vote recorded Special Consent SB394 Allen et al. Result: pass.Upper
- Aug 21Ordered to special consent calendar.
- Jul 10In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 394 Allen Consent Calendar Second Day. Result: pass.Lower
- Jul 10Read third time. Passed. (Ayes 72. Noes 0. Page 2509.) Ordered to the Senate.Passed Assembly
- Jul 7Read second time. Ordered to consent calendar.Minor
- Jul 3Read second time and amended. Ordered to second reading.Major
- Jul 2From committee: Do pass as amended. Ordered to consent calendar. (Ayes 12. Noes 0.) (July 1).Major
- Jul 1
- Vote recorded Do pass as amended. To Consent Calendar. Result: pass.Lower
- Jun 18From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 18). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Judiciary]. Result: pass.Lower
- Jun 18Coauthors revised.
- Jun 9From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.Major
- Jun 5Referred to Coms. on L. GOV. and JUD.Minor
- May 28In Assembly. Read first time. Held at Desk.Minor
- May 27Read third time. Passed. (Ayes 39. Noes 0. Page 1239.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading. Result: pass.Upper
- Apr 22Read second time. Ordered to third reading.Minor
- Apr 21Ordered to second reading.Minor
- Apr 21Withdrawn from committee.Major
- Apr 16April 21 hearing postponed by committee.
- Apr 4Set for hearing April 21.
- Apr 2From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0. Page 610.) (April 1). Re-referred to Com. on APPR.Minor
- Apr 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Mar 24Set for hearing April 1.
- Mar 19From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 422.) (March 19). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary]. Result: pass.Upper
- Mar 4Set for hearing March 19.
- Feb 26Referred to Coms. on L. GOV., JUD., and APPR.Minor
- Feb 18From printer. May be acted upon on or after March 17.
- Feb 14Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced