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Home My WebLink About2015-05-12; Municipal Water District; 804; Emergency Regulation Implementing ConservationCARLSBAD MUNICIPAL WATER DISTRICT-AGENDA BILL AB# 804 DATE: 05-12-15 DEPT. PW-UTIL RECEIVE REPORT ON THE EMERGENCY REGULATION IMPLEMENTING THE 25 PERCENT STATE OF CALIFORNIA CONSERVATION STANDARD RECOMMENDED ACTION: DEPT. DIRECTOR GEN. COUNSEL EXEC. DIRECTOR 3 Receive and file report on the Emergency Regulation implementing the 25 percent State of California Water Conservation Standard. ITEM EXPLANATION: Staff will provide a report regarding the Emergency Regulation implementing the 25 percent State of California Water Conservation Standard. The report will include the impact to the Carlsbad Municipal Water District Service area. FISCAL IMPACT: There is no fiscal impact associated with the staff update. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. PUBLIC NOTIFICATION: None required. EXHIBIT: 1. Emergency Regulation implementing the 25 percent State of California Water Conservation Standard. DEPARTMENT CONTACT: Wendy Chambers 760-438-2772 I wendy.chambers@carlsbadca.gov FOR SECRETARY USE. BOARD ACTION: APPROVED D CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES ~ AMENDED D REPORT RECEIVED 1 PROPOSED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water Resources Control Board finds as fo llows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the Ca li fornia Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the Ca lifornia Emergency Services Act based on continued drought conditions; (3) On April I, 2015. the Governor issued an Executive Order that. in part, directs the State Board to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February 28, 20 16; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; (~The drought conditions that formed the basis of the Governor's emergency proclamations continue to ex ist; (4.2_) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or criticall y dry years; and (~Q) The drought conditions wi ll li ke ly continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers wi ll Likely be necessary to prevent waste and unreasonable use of water and to further promote conservation. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections I 02, I 04_. ooe I 05, and 275, Water Code.;. Light v. State Water Resources Control Board (20 14) 226 Cai.App.4th 1463. Sec. 864. End-User Requirements in Promotion of Water Conservation. (a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federa l agency: (1) The appli cation of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-i rrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; and ( 4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; afld (6) The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased"'"~ (7) The irrigation with potable water of ornamental turf on public street medians; (8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings that is not delivered by drip or microspray system sin a manner inco nsistent with regulations or other requi rements establi shed by the California Building Standards Commission. (b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. (c) immediately upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supplv any portion of whi ch is from a source other than not served bv a water supplier meeting the requirements of Water Code section I 0617 or section 350 subject to section 865shall either: (1) Lim it outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or (2) Reduce potable water usage by 25 percent for the months of June 2015 through February 2016 as compared to the amount used for the same months in 2013. (cg) The taking of any action prohibited in subdivision (a) or the failure to take any action required in subdivision§. (b)~, in addition to any other app licable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the in fraction is in add ition to. and does not supersede or li mit, any other remedies, civil or criminal. Authority: Section I 058.5, Water Code. References: Cal. Canst., Art., X§ 2; Sections 102, 104,&00 105,275,350, and 10617, Water Code; Light v. State Water Resources Control Board(2014) 226 Cai.App.4th 1463. Sec. 865. Mandatory Actions by Water Suppliers. (a) As used in this section: (I) .. Di stributor of a public water supply'' has the same meaning as under section 350 of the Water Code. (2) .. R-GPCD'' means residential gallons per capita per day. (3) "Total potable water production" means all potable water that enters into a water supplier's distributi on system, exc luding water placed into storage and not withdrawn for use during the reporting period, or water exported outsider the supplier's serv ice area. ill The term '\tUrban water supplier.'' when used in thi s section, refe.r.s temeans a supplier that meets the definition set forth in Water Code 3 section I 0617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are fun ctioning in a retail capacity. (b)( I) To J3romote '''ater conserYation, each urban water SUJ3J3Iier shall im13 lement all requirements and actions of the stage of its water shortage contingency 13lan that im13oses includes mandatory restrictions on the number of days that outdoor irrigation of ornamental landscapes or turf with fJOtable water is allowed, or shall arnend its 'Nater shortage contingenc;• 19lan to include mandator;• restrictions on the number of days that outdoor irrigation of ornamental landsca19es or turf 'r't'ith potable water is allowed and implement these restrictions within forty five (45) days. Urban water SUfJp liers •Nith approved alternate plans as described in subdivision (b)(2) are eKemfJted from this requirement. (2) An urban water supplier may submit a request to the EKecutive Director for apfJroval of an alternate 19lan that includes allocation based rate structures that satisfies the requirements ofcha19ter 3.4 (commencing with section 370) of division I ofthe Water Code, and the eJcecuti,·e Director may a19prove such an alternate plan upon detennining that the rate structure, in conjunction ·.vith other measures, achieves a level of consePration that would be superior to that achieved by implementing limitations on outdoor irrigation of ornamental landscapes or turf with fJOtabl e water by the persons it serves to no more than two days per weelc (c) To 19romote water co nservation, each urban water supplier that does not have a 'Nater shortage contingency plan that restricts the number of days that outdoor irrigation of ornamental landscapes and turf with potable water is allowed, or has been notified by the De19artment of Water R~sources that its water shortage contingene;· 13lan does not meet the requirements of Water Code section I 0632 shall, 'r'rithin fort;· fi'l•e (45 ) days, limit outdoor irrigation ofornafl'lentallandscapes or turf with potable 'Nater by the persons it serves to no more than two days per week. (dh) In furtherance of the promotion of water conservation each urban water supplier sha ll: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-u se(s exclusive control. (2) Prepare and submit to the State Water Resources Control Board by the 151h of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable wa ter the urban water supplier produced, including water provided by a who lesaler, in the preceding calendar month and shal l compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residentia l sector, descriptive statistics on water co nservati on compliance and enforcement efforts, and the number of days that outdoor irrigation is allowed, and monthly commercial sector use, monthly industrial sector use, and monthl y institutional sector use. The monitoring report shall also estimate the gal lons of water per person per day used by the residential customers it serves. (c)(l) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor's April I. 20 15 Executive Order, each urban water supplier shall reduce its total potable water production by the percentage identified as its conservation standard in this subdivision. Each urban water supplier's conservation standard considers its service area's relative per capita water usage. {2) Each urban water supplier whose source of supply does not include groundwater or water imported from outside the hydrologic region in which the water supplier is located. and that receiv ed average annual precipitation in has a minimum or fo ur years· reserved supply avai lable may. notwithstanding its averoge July September 20 14 R GPCD. submit :fefto the Executive Director fo r approval a request that, in I ieu of the red uc tion that would otherwise be req uired under paragraphs (3) through (I 0). the urban water suppli er shall te--reduce its total potable water ~production by 4 percent for each month as compared to the amount used in the same month in 20 13. Any such request shall be accompanied by information showing that the supplier's sources of supply do not include groundwater or water imported from outside the hydrologic region and that the supplier's service area received average annual precipitation in 2014supplier has a minimum o f' lour years' reserved supply available. {3) Each urban water supplier whose average July-September 2014 R-GPCD was less than 65 shall reduce its total potable water t+Sageproduction by 8 percent for each month as compared to the amount used in the same month in 2013. (4) Each urban water supplier whose average July-September 20 14 R-GPCD was between 65 or more but less than 80and 79.9 shall reduce its total potable water ttS&geproduction by 12 percent for each month as compared to the amount used in the same month in 2013. (5) Each urban water supplier whose average July-September 2014 R-GPCD was between 80 or mo re but less than 95and 94.9 shall reduce its total potable water ti-Sfrgeproduction by 16 percent for each month as compared to the amount used in the same month in 2013. (6) Each urban water supplier whose average July-September 2014 R-GPCD was between 95 or more but less than 1 I Oand I 09.9 shall reduce its total potabl e water ~production by 20 percent for each month as compared to the amount used in the same month in 2013. (7) Each urban water supplier whose average July-September 2014 R-GPCD was bet weeR 110 or more but less than 130and 129.9 shall reduce its total potable water ttSageproducti on by 24 percent for each month as compared to the amount used in the same month in 2013. {8) Each urban water supplier whose average July-September 2014 R-GPCD was between 130 or more but less than 170and 169.9 shall reduce its total potable water ttS-ageproduction by 28 percent for each month as compared to the amount used in the same month in 2013. (9) Each urban water supplier whose average July-September 2014 R-GPCD was between 170 or more but less than 215and 2 14.9 shall reduce its total potable water ttSageproduction by 32 percent for each month as compared to the amount used in the same month in 2013. (I 0) Each urban water supplier whose average July-September 2014 R-GPCD was greater than 2 I 5 or more shall reduce its total potable water !::t5ftgeproduction by 36 percent for each month as compared to the amount used in the same month in 2013. {d){ I) Beginning June 1, 2015, each urban water supplier shall comply with the conservation standard specified in subdivision (c). (2) Compliance with the requirements ofthi s subdivision shall be measured monthly and assessed on a cumulative basis. (e) Each urban water supplier that sef-W!5prov ides 20 percent or more of its total potable water production for commercial agricultural use meeting the definition of Government Code section 5120 l, subdivision Cab) may subtract the amount of water supplied for commercial agricultural use from its potable water production total, provided t:fl.a.t the supplier complies with the Agricultural Water Management Plan requirement of paragraph 12 ofthe Apri l I, 2015 Executive Order. Each urban water supplier that serves 20 percent or more of its total potable water production for commercial agricultural use meeting the definition of Government Code section 51201, subdivision Cab) shall certify that the agricultural uses it serves meet the definition of Government Code section 5120 I, subdivision Cab), and shall report its total potable water production pursuant to subdivision (b)(2), identi fying the total amount of water supplied for commercial agricultural use. (eDill To prevent waste and unreasonable use of water and to promote water conservation, each distributor of a public water supply, as defined in Water Code section ~that is not an urban water supplier shall, within forty five (45) days, take one or more of the following actions: (+A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (;!B) implement another mandatory conservation measure or measures intended to achieve a ;w25 percent reduction in potable water consumption by the persons it serves relative to the amount consumed in 2013. (2) Each distributor of a public water supply, as defined in Water Code section ~that is not an urban water supplier shall submit a report by December 15, 2015, on a form provided by the Board , that includes:eithcr confirms compliance with subdivision (Q( I )(;\) or id entities + fA-t-total potable water production, by month, from June through November, 20 15, and total potable water production, by month, for June thro ugh November 20 13-;-& (8) Confirmation that the distributor limited outdoor irrigation of ornamental landscapes or turf v1ith potable 'tvater by the persons it serves to no more than two days per week. Authority: Section 1058.5, Water Code. References: Cal. Canst., Art., X § 2: Sections 102, 104, 105, 275, 350, 1846. 106 17 and I 0632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. Sec. 866. Additional Conservation Tools. (a)( I) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standard required by section 865 the Executive Director, or f*sthe Executive Director's desi gnee, may issue conservati on orders requiring additional actions by the supplier to come into compliance with its conservation standard. (2) All conservation ordersA decision or order issued under this article by the board or an officer or employee of the board shall be is subject to reconsideration under article 2 (commencing with section I 122) of chapter 4 of part I of division 2 of the California Water Code. (b) The Executive Director, or his designee, may issue an informational order requiring water suppliers, or commercial, industrial or institutional properties that receive any portion of their supply from a source other thannot served by a water supplier meeting the requirements of Water Code section I 06 17 or section 350subject to section 865, to submit additi onal information relatin g to water production. water use or water conservati on beyond that required to be reported pursuant to the other provisions of this ~. The failure to provide the information requested within 30 days or any additional time extension granted is a violation subject to civil liability of up to $500 per day for each day the violation continues pursuant to Water Code section 1846. Authority: Section I 058.5, Water Code. References: Cal. Const.. Art., X§ 2; Sections 100, 102. 104. 105, 174, 186, 187,275, 350,1051,1122,1123,1825.1846. 10617and 10632,WaterCode;Lightv.StateWater Resources Control Board (2014) 226 Cai.App.4th 1463. 1 Emergency Regulation Implementing the 25 percent State of California Water Conservation Standard AB #804 Wendy Chambers, General Manager Carlsbad Municipal Water District Tuesday, May 12, 2015 1 Agenda •Emergency Drought Regulations •What Is Really “New” •What Was Not Included •What It Means to CMWD 2 Governor’s Executive Order •On May 6, 2015, SWRCB adopted Executive Order. –This 270 day regulation is intended to reduce “unreasonable and wasteful use of potable water”. •Mandatory 25 percent reduction in potable urban water use statewide. –Urban water suppliers placed in one of nine reduction tiers that are between four percent and thirty-six percent. •Prohibition on using potable water for irrigation of ornamental turf in street medians. •Prohibit irrigating outdoors during and within 48 hours following measurable rainfall. 3 Governor’s Executive Order, continued •Prohibition on irrigating with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations established by the Building Standards Commission and Department of Housing and Community Development. •Each urban water supplier that provides water for commercial agriculture may subtract the amount of water provided from its potable water production total. –Agricultural Water Management Plan required. –Urban water supplier determines appropriate reductions to impose. 4 What is Really “New” What is Not Included •New sources of supply –Desalination 5 Executive Order -Impact on CMWD •Based on CMWD’s July through September 2014 usages (138.6 GPCD), this has placed us in tier seven having to reduce water usage by 28 percent. •CMWD may subtract the amount of water provided to our commercial agricultural customers from our water production total. •Monthly reporting requirements will be expanded to include the limit on days for outdoor irrigation and description of compliance and enforcement efforts. •Fines can be issued to up to $500 a day for failure to implement conservation requirements. 6 Current Conservation Efforts •Irrigate residential and commercial landscape between 6 p.m. and 10 a.m. with watering limit of maximum five minutes per irrigation station on assigned days •Use re-circulated water to operate ornamental fountains •Wash vehicles using a bucket and a hand held hose with shut-off valve •Serve water in restaurants –upon request only •Use recycled or non-potable water for construction purposes •Prevent water waste by adjusting sprinklers •Don’t wash down paved surfaces, unless necessary for safety 7 Questions 8