California’s Governor Gavin Newsom brought Senate Bill 389 (SB 389) into law on October 8, 2023, introducing sweeping revisions to § 1051 of the Water Code. The significant legislation marks considerable expansion of the investigative authority vested in the State Water Resources Control Board, referred to as the “Water Board”. The SB 389 bill was introduced to the Senate by Santa Monica’s Senator Ben Allen.
The new law now allows the Water Board to flex greater investigatory muscle when it comes to matters concerning water resources. As a result, corporations operating in California, especially those extensively reliant on state water resources may see an increased scrutiny from the board, offering potential new risks and compliance challenges.
Santa Monica’s Senator Ben Allen, who introduced the bill, has been a strong advocate of environmental conservation and sustainable resource usage. By presenting this legislation, Senator Allen illustrates his ongoing commitment to ensuring the sustainable and responsible use of the state’s water resources. The effects of these changes on corporations are something that legal departments and professionals would do well to be acutely aware of and prepared for in their operations.
Further details of the changes brought by SB 389 and their implications can be found here. This story will undoubtedly unfold as corporations and their legal teams navigate the complexities and challenges of the newly expanded investigative powers of the Water Board.