SECTIONS 375-378 - California Statutes

WATER CODE

SECTION 375-378

375. (a) Notwithstanding any other provision of the law, any public
entity which supplies water at retail or wholesale for the benefit
of persons within the service area or area of jurisdiction of the
public entity may, by ordinance or resolution adopted by a majority
of the members of the governing body after holding a public hearing
upon notice and making appropriate findings of necessity for the
adoption of a water conservation program, adopt and enforce a water
conservation program to reduce the quantity of water used by those
persons for the purpose of conserving the water supplies of the
public entity.
(b) With regard to water delivered for other than agricultural
uses, the ordinance or resolution may specifically require the
installation of water-saving devices which are designed to reduce
water consumption. The ordinance or resolution may also encourage
water conservation through rate structure design.
(c) For the purposes of this section, "public entity" means a
city, whether general law or chartered, county, city and county,
special district, agency, authority, any other municipal public
corporation or district, or any other political subdivision of the
state.

375.5. (a) A public entity, as defined by Section 375, may
undertake water conservation and public education programs in
conjunction with school districts, public libraries, or any other
public entity.
(b) (1) A public entity may undertake water conservation and
public education programs using an information booklet or materials
for use in connection with the use or transfer of real estate
containing up to four residential units. For the purposes of this
subdivision, the public entity may use water conservation materials
prepared by the department.
(2) It is the intent of the Legislature that on or before December
31, 2007, a review of the program be conducted to obtain information
on both of the following matters:
(A) The extent to which public entities have undertaken water
conservation and public education programs referred to in paragraph
(1).
(B) The extent to which water conservation may be attributable to
the implementation of water conservation and public education
programs referred to in paragraph (1).
(c) A public entity may take into account any programs undertaken
pursuant to this section in a rate structure design implemented
pursuant to Section 375.
(d) The Legislature finds and declares that a program undertaken
pursuant to this section is in the public interest, serves a public
purpose, and will promote the health, welfare, and safety of the
people of the state.

376. (a) Any ordinance or resolution adopted pursuant to Section
375 is effective upon adoption. Within 10 days after its adoption,
the ordinance or resolution shall be published pursuant to Section
6061 of the Government Code in full in a newspaper of general
circulation that is printed, published, and circulated in the public
entity. If there is no such newspaper, the ordinance or resolution
shall be posted within 10 days after its adoption in three public
places within the public entity.
(b) The publication of ordinances or resolutions, as required by
subdivision (a), may be satisfied by either of the following actions:
(1) The public entity may publish a summary of a proposed
ordinance, resolution, or proposed amendment to an existing ordinance
or resolution. The summary shall be prepared by an official
designated by the governing body. A summary shall be published and a
certified copy of the full text of the proposed ordinance,
resolution, or amendment shall be posted in the office of the
governing body at least five days prior to the governing body's
meeting at which the proposed ordinance, resolution, or amendment is
to be adopted. Within 15 days after adoption of the ordinance,
resolution, or amendment, the governing body shall publish a summary
of the ordinance, resolution, or amendment with the names of those
members voting for and against the ordinance, resolution, or
amendment and the official shall post in the office of the governing
body a certified copy of the full text of the adopted ordinance,
resolution, or amendment along with the names of those members voting
for and against the ordinance, resolution, or amendment.
(2) If the official designated by the governing body determines
that it is not feasible to prepare a fair and adequate summary of the
proposed or adopted ordinance, resolution, or amendment, and if the
governing body so orders, a display advertisement of at least
one-quarter of a page in a newspaper of general circulation in the
county shall be published at least five days prior to the governing
body meeting at which the proposed ordinance, resolution, or
amendment is to be adopted. Within 15 days after adoption of the
ordinance, resolution, or amendment, a display advertisement of at
least one-quarter of a page shall be published. The advertisement
shall indicate the general nature of, and provide information about,
the proposed or adopted ordinance, resolution, or amendment,
including information sufficient to enable the public to obtain
copies of the complete text of the ordinance, resolution, or
amendment, and the names of those members voting for and against the
ordinance, resolution, or amendment.

377. From and after the publication or posting of any ordinance or
resolution pursuant to Section 376, violation of a requirement of a
water conservation program adopted pursuant to Section 376 is a
misdemeanor. Upon conviction thereof such person shall be punished by
imprisonment in the county jail for not more than 30 days, or by
fine not exceeding one thousand dollars ($1,000), or by both.

378. A public entity may enter into agreements with other public
entities, businesses, community associations, or private entities to
provide water conservation services and measures and materials for
implementing water conservation programs adopted pursuant to this
chapter.