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Bill would raise penalties for commercial theft of public water, allow recovery of damages
Summary
Senate Bill 394 would authorize higher local fines and civil recovery for commercial-scale water theft from hydrants and other public sources; supporters described large annual volume losses and potential public-health and firefighting risks. The committee reported the bill out after broad water-agency support.
Senate Bill 394 would authorize local governments to increase penalties for unauthorized commercial withdrawals of public water, such as hookups to fire hydrants, and would remove a one-year reset on repeat penalties while allowing local agencies to pursue civil damages for losses, the bill's author said on June 19.
"We're basically looking to increase the penalties ... to fines not exceeding $2,500 for the first violation, $5,000 for the second, and then $10,000 for the third and each additional violation," the author said, adding the bill would also remove the one-year reset on fines and allow civil actions to recover full damages.
Dave Peterson, general manager of Las Virgenes Municipal Water District, told the committee his district estimates up to about 50,000,000 gallons per year are lost to hydrant theft in their service area and that property and system damage and contamination risks can follow unauthorized hookups. A broad slate of water districts and water-industry associations testified in support.
Proponents said higher penalties and the ability to recover damages would act as a stronger deterrent to what some witnesses called organized commercial theft and would protect ratepayers from bearing the cost of stolen water and repairs. No primary opponents were recorded in the hearing transcript for this item.
The subcommittee later recorded the bill as reported out with a roll call recorded as yes: 9, no: 0.
