California Senate Bill SB394

California 2025-2026 Regular Session

• Introduced: 2/14/25
• Refer: 2/26/25
• Report Pass: 3/19/25
• Refer: 3/19/25
• Report Pass: 4/2/25
• Refer: 4/2/25
• Engrossed: 5/27/25
• Refer: 6/5/25
• Refer: 6/9/25
• Report Pass: 6/18/25
• Refer: 6/18/25
• Report Pass: 7/2/25
• Enrolled: 8/25/25
• Chaptered: 10/10/25
• Passed: 10/10/25

Caption

An act to amend Sections 1882.1 and 1882.3 of the Civil Code, and to amend Section 53069.45 of, and to add Section 53069.46 to, the Government Code, relating to water theft.

Impact

The bill's enactment aims to diminish the prevalence of water theft, which is viewed as a significant threat to local water systems and public safety. By allowing local agencies to impose substantial penalties for unauthorized use of fire hydrants, SB 394 reinforces the existing laws governing utility services. This comprehensive approach fosters the preservation of water resources, aligns with state conservation efforts, and alleviates the financial burden on ratepayers stemming from water theft and its associated damages. Local agencies are specifically enabled to develop ordinances which can meaningfully address unauthorized connections and the associated penalties.

Summary

Senate Bill 394, authored by Allen, addresses the issue of water theft involving unauthorized connections to fire hydrants and the unauthorized use of fire hydrant meters. The bill amends existing sections of the Civil Code and the Government Code to empower local agencies to combat water theft more effectively. This includes expanding the list of actions for which a utility can bring a civil cause of action, enhancing the rebuttable presumption of violation for previously defined acts such as tampering with fire hydrants. Additionally, it establishes a structured fine schedule for violations, reflecting a zero-tolerance policy towards the misuse of water infrastructure.

Sentiment

The sentiment surrounding SB 394 appears to be largely supportive among legislative bodies and utility companies who advocate for a strong deterrent against practices that undermine municipal water services. Proponents argue that the bill contributes to responsible water use and upholds the legislative intent to promote public services. However, there may be some contention regarding the balance between punitive measures and the need for support or leniency for those who might inadvertently violate the new regulations.

Contention

Notable points of contention arise around the enforcement mechanisms and the appropriateness of the penalties assigned for offenses committed under the new regulations. Concerns have been voiced about the potential for excessive fines, which may disproportionately impact lower-income individuals or small businesses. However, supporters maintain that the significant penalties are necessary to deter organized theft, often perpetrated by commercial entities, that exploits municipal resources for profit, thereby ensuring that the infrastructure remains intact for genuine use.