HomeMy WebLinkAbout2024-05-23; California Water Use Efficiency Regulations and Reporting Update (Districts - All); Gomez, PazBoard Memo -California Water Use Efficiency Regulations and Reporting Update (Districts -All)
May 23, 2024
Page 2
large commercial, industrial and institutional (CII) businesses will be required to encourage more
efficient indoor and outdoor water use.
Background
Since 2018, the Department of Water Resources (DWR) and the State Water Board have been
working on developing WUE standards and performance measures to implement water
conservation legislation, as required by Senate Bill 606 and Assembly Bill 1668. The goal of the
legislation is to implement a long-term plan for more efficient water use by retail water
suppliers, such as the CMWD, to improve water supply reliability for the state.
To develop the new WUE framework, the DWR and the State Water Board have been engaging
with stakeholders on the rulemaking process for the "Making Conservation a California Way of
Life" regulation. The CMWD staff have continued their involvement in this process by attending
and participating in workshops, informational sessions and public hearings, hosted by the State
Water Board, DWR and the San Diego County Water Authority (SDCWA) and its member
agencies. The CMWD has provided comment letters along with the SDCWA and other statewide
water and wastewater professional organizations on the proposed regulations, advocating for
regulations that are feasible to implement in terms of staff effort, cost to the agency, and
conservation goals.
Discussion
The State Water Board's draft WUE regulations require water suppliers to improve on long-term
efficiency by evaluating certain water uses against staff's individually calculated budget, or urban
water use objective (UWUO). The UWUO is the sum of specific water use budgets, based on
standards that promote more efficient water use over time. The calculated UWUO will set an
upper limit on the total amount of water that the CMWD may serve to its customers. The UWUO
and standards do not limit how much water a single customer can use. Instead, the regulations
focus on a retail agency's total aggregate water use in the following categories:
1. Indoor residential water use
2. Outdoor residential water use
3. Outdoor commercial, industrial and institutional (CII) water use
4. Water loss1
5. Variances for specific local water uses, such as seasonal population impacts
6. Bonus incentives, if applicable such as potable water reuse
Initially, the DWR was to submit WUE recommendations to the State Water Board in early 2022,
with regulations adopted by the State Water Board by June 2022. However, the DWR's
recommendations were released in September 2022, and in August of 2023, the State Water
Board released the draft text of the "Making Conservation a California Way of Life" regulation
that incorporated DWR recommendations into the WUE standards. Following a public hearing
and numerous comments in October 2023, the State Water Board released a significantly revised
version of the regulation in March 2024. Adoption of the regulations is expected in August 2024.
1 Water loss included in the UWUO refers to real losses, defined by the State Water Board as those that are due to
physical leakage from an agency's system.
Board Memo -California Water Use Efficiency Regulations and Reporting Update (Districts -All)
May 23, 2024
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These recent revisions recognized some of the economic challenges for implementation by water
agencies in areas with disadvantaged economic communities, those with calculated objectives
80% or less than their current use, and increased timelines for implementation of outdoor
standards and compliance with overall objectives. However, many in the environmental
community voiced concerns that extended timelines will postpone conservation efforts, affecting
the state's future water supply.
Next Steps
The State Water Board is currently evaluating public input that it received in its March 2024
revisions. Staff will continue to coordinate with the SDCWA and its member agencies, and water
and wastewater professional organizations, and attend State Water Board workgroup
presentations to stay informed on the progress ofthe WUE regulation.
Adoption of WUE regulations is anticipated by summer of 2024 with an effective date in
January 2025. The CWMD will submit its calculated UWOU in the Annual Water Use Report to
the DWR on January 1, 2025.
Related water supply and demand regulatory work:
• July 1, 2024: The CMWD will submit the Annual Water Shortage Assessment Report to the
DWR
• July 2024-June 2026: Respond to SDCWA requests for water supply and demand
projections in preparation of SDCWA's 2025 Urban Water Management Plan
• July 1, 2026: The CMWD will complete its 2025 Urban Water Management Plan
• January 1, 2027: The CMWD will update relevant ordinances to comply with requirements
that prohibit the use of potable water for the irrigation of nonfunctional turf
Appendix A: Technical Summary on Water Use Efficiency Regulations
Attachment A: CMWD Board Memorandum dated December 9, 2021
cc: Geoff Patnoe, Assistant Executive Manager
Cindie McMahon, General Counsel
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Michael Calderwood, Fire Chief
Jeff Murphy, Community Development Director
Kristina Ray, Communication & Engagement Director
James Wood, Environmental Sustainability Director
Gina Herrera, Assistant General Counsel
Eric Sanders, Utilities Manager
John Maashoff, Public Works Manager
Appendix A:
Technical Summary on Water Use Efficiency Regulations
Urban Water Use Objective and water use budgets
Although the final regulation is still pending, initial agency reporting was due to the DWR on
January 1, 2024. The CMWD submitted the required Annual Water Use Report, including an
estimated UWUO, in December 2023 based on the draft regulation and guidance from DWR.
CMWD's total 2022 water use was within its calculated water budget, or urban water use
objective (UWUO) and complied with the draft regulations. The trends in CMWD water usage
show that the steps taken by the district and its customers to save water are working. This
includes quickly fixing leaks, installing water saving fixtures in homes, planting native and
drought tolerant landscapes, and using more recycled water.
The State Water Board's revised draft regulation moves the calculated UWUO to January 1, 2025,
and compliance with this UWUO to January 1, 2027, two years later than initially proposed. Each
water supplier will need to meet its overall UWUO, while having flexibility to address efficiency in
the other types of water uses. A supplier's UWUO is the sum of specific water use budgets
calculated using WUE standards, plus any approved water use variances2 as discussed below.
(1) Residential Indoor Use
The residential indoor standards apply to single family and multi-family housing units within a
water supplier's service area. These standards for residential indoor water were set in
September 2022 by Senate Bill 1157 as follows:
Compliance Year Residential Indoor Standard
(gallons per capita per day)
2020-2024 55 gpcd
2025-2029 47 gpcd
2030-onward 42 gpcd
(2) Water Loss
The water loss standard, adopted by the State Water Board in October 2022, focuses on real
losses due to physical leakage from an agency's system, expressed in gallons per connection
per day. Unlike the other components of the UWUO, water suppliers will be required to
comply with the water loss standard starting on January 1, 2028. The State Water Board
calculated the real loss standard for the CMWD's system as 13.0 gallons per connection per
day. The CMWD three-year average of reported real water loss is 10.4 gallons per connection
per day.
2 The UWUO calculation also includes an opportunity for a bonus incentive, but this does not apply to CMWD
because it is for suppliers that deliver potable recycled water or deliver water from a groundwater basin,
reservoir, or other source augmented by potable reuse water.
(3) Outdoor Use Budgets
The proposed State Water Board regulation will set the standards, or landscape efficiency
factors (LEF), to calculate (1) Residential outdoor water use for single family and multi-family
housing units and for (2) Commercial, Industrial and Institutional (CII) customers with
dedicated irrigation meters. Dedicated irrigation meters measure outdoor water usage
separately from indoor usage. The budgets for these outdoor uses are based on the following
standards:
Compliance Year Standards for
(draft)
Landscape Efficiency Factor (LEF)
Residential Commercial, Industrial and
Institutional w/ Dedicated
Irrigation Meters
2024-2034 0.8 0.80
2035-2040 0.63 0.63
2040-onward 0.55 0.45
Special landscape areas irrigated with recycled water will have an LEF of 1.0. The CMWD
budget for outdoor water use equation applies the LEF to the outdoor irrigated landscape
areas and factors for local evapot ranspiration and precipitation.
The DWR provided the CMWD with mapping of residential landscape areas within its service
boundaries. DWR has not yet mapped the CII areas with dedicated irrigation meters but has
recently contracted to do this work. In the absence of direction from the state, the CMWD
staff initiated this intensive mapping effort of Cl I landscaped areas with assistance from a
consultant. By July 2028, water agencies will be required to substantiate their Cl I landscaped
area calculations. Until mapping is completed, the CMWD water use budget for CII outdoor
with DIMs will be based on actual water delivered to CII irrigation meters.
(4) Variances
Variances for unique water uses that have a material effect on a water supplier's UWUO will
be considered by the State Water Board. An approved variance will be added to a supplier's
efficiency budget to increase its overall UWUO. In January 2023, the CMWD engaged with a
consultant and estimated water use from its seasonal population using methodology
proposed by the DWR and supported by the State Water Board. A complex analysis of the
CMWD's Advanced Metering Infrastructure (AMI) residential water use estimated that
seasonal population adds 126 million gallons per year. The proposed revisions to the
regulation allow a State Water Board approved variance to be included in a supplier's UWUO
for up to five years, instead of requiring an updated variance each year as initially proposed.
Commercial Industrial and Institutional (Cl/) Performance Measures
The way CII customers use water indoors varies greatly with their processes, and there are no
numerical standards set for CII indoor use in the WUE regulations. To promote increased
efficiency in CII indoor water use, performance measures must be implemented by retail water
suppliers. The measures include:
(1) CII Water Use Classification
Water suppliers must classify their CII water connections into 22 customer categories.
(2) CII Large Landscape Conversion or In-Lieu Technologies
Water suppliers must identify Cll large landscapes with mixed use meters that serve both
indoor and outdoor uses. For these large landscapes, by June 30, 2039, suppliers will be
required to either: a) install dedicated irrigation meters, orb) employ at least one of the
identified in-lieu technologies along with offer Best Management Practices.
3) Best Management Practices (BMPs) offered to qualifying customers
Water suppliers will be required to increase efficiency for indoor CII water uses. By June 30, 2024,
or the effective date of the regulation, each water supplier is required to identify disclosable
buildings, defined by the California Energy Commission to exceed 50,000 square feet with either
no residential units or more than 17 residential units. When requested by the owner or agent of a
disclosable building, a water supplier will be required to provide meter and water use data in a
specified format. By June 2025, CMWD must identify its highest CII water use connections based
on certain thresholds.
The revised draft regulation changed from a phased BMP implementation to a single
compliance date of June 2039, for water suppliers to implement a conservation program for
the highest CII water use customers including outreach and education, incentives/rebates
and other landscape and operational BMPs. The regulation will allow reliance on a regional
conservation program, and staff will work closely with SDCWA and its member agencies to
develop this option.
Key dates and CMWD's next steps
Adoption of WUE regulations is anticipated by August 2024, with an effective date in January 2025.
The following summarizes CMWD's next steps:
• May 2024: The CMWD to monitor the State Water Board for additional guidance on
variances or changes to methodology to calculate seasonal population variance
• July 2024: The CMWD to complete identification of disclosable commercial, industrial and
institutional buildings within its service area
• October -December 31, 2024: The CMWD to calculate UWOU for fiscal year 2023-2024
• January 1, 2025: The CWMD to submit final calculated UWOU in its Annual Water Use
Report to DWR
• June 2025 : The CMWD to identify its highest CII water use connections
• January 1, 2027: The CMWD to show compliance with the calculated UWOU in its Annual
Water Use Report to the DWR
• June 2027: The CMWD to complete classification of all CII water connections
• January 1, 2028: The CMWD to show compliance with the real water loss standard
• June 30, 2028: The CMWD to complete mapping of Cl! landscape areas for the calculation
of the en with DI Ms outdoor water use budget
Board Memo -California Water Use Efficiency Standards and Reporting (Districts -All)
Dec. 9, 2021
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The CMWD staff have been participating in these meetings and coordinating with the San Diego
County Water Authority (SDCWA) and its member agencies, as well as with other water and
wastewater professional organizations, to learn and comment on the upcoming regulations related to
the WUE Standards. The derived formulas for calculating the WUE Standards that the DWR is expected
to recommend are complex and controversial. The DWR is expected to make their recommendations
to the State Water Board by the first quarter of 2022. The State Water Board will then go through its
regulatory process to consider adoption of the WUE Standards by June 30, 2022.
Discussion
Currently, water agencies develop and report total water use targets in their Urban Water
Management Plan (UWMP). These targets have been developed in response to the Water
Conservation Act of 2009, SB x7-7, in order to reduce per capita use by 20% by the year 2020. As
shown in the CMWD UWMP that was submitted on July 1, 2021, the CMWD's calculated 10-year
historical baseline (1999-2008) total water use was 259 gallons per capita per day (gpcd) and the 20%
reduced total water use target for 2020 was established at 207 gpcd. The CMWD's actual total water
use reported for 2020 was 135 gpcd, which met and exceeded the SB x7-7 target.
Under the new WUE Standards, water supply ag~ncies will replace the current targets with their newly
calculated urban water use objective (UWUO). The UWUO is the sum of the following standards:
1. Aggregate residential indoor use
The residential indoor only standard applies to single family and multi-family housing units
within a water supplier's service area. The standard is based on a gpcd metric. There are indoor
residential use standards in the current statutes, SB 606 and AB 1668, but the DWR is
recommending new standards.
Average Indoor Residential Standards set in SB 606 and AB 1668
Starting Year Indoor Residential Standard (gpcd}
2020 55
2025 52.5
2030 50
The DWR Proposed New Indoor Residential Standards
Starting Year Indoor Residential Standard (gpcd}
2020 55
2025 47
2030 42
2. Aggregate residential outdoor use
The residential outdoor standard applies to single family and multi-family housing units within a
supplier's service area. The outdoor standard will be based on an equation which uses concepts
such as evapotranspiration, irrigation efficiency and landscape area for a supplier's total
residential landscapes.
Board Memo -California Water Use Efficiency Standards and Reporting (Districts -All)
Dec. 9, 2021
Page 3
In January 2021, the DWR provided the CMWD with a total square footage estimate of the total
residential landscape area. The CMWD staff reviewed, corrected and provided feedback to the
DWR in March 2021. The CMWD staff expect to receive the final residential landscape area in
late December 2021. After the CMWD staff recei\fe the final residential landscape area and
other data inputs provided by the DWR, the residential outdoor use standard can be calculated.
3. Aggregate commercial. industrial. and institutional (CII) outdoor use
The CII standard applies to commercial, industrial and institutional outdoor water use. The CII
standard will also be based on an equation which uses concepts such as evapotranspiration,
irrigation efficiency, and landscape area for a supplier's total CII landscapes.
The CMWD does not currently have enough information to calculate the CII standard. The CII
standard will require data inputs from the DWR and the city's designated Cl! landscape areas.
The CMWD is responsible for mapping the Cl! landscaped areas and expects this to be an
intensive effort by staff and/or a consultant.
4. Aggregate water loss
SB 55 currently requires urban water retail suppliers to submit an annual validated water audit.
The water loss standarq is expressed in gallons per connection per day or gallons per mile (of
pipe) per day depending on the supplier's size. The State Water Board's model calculated the
CMWD's 2028 water loss target to be set at 21.54 gallons per connection per day. In 2020, the
CMWD reported 5.28 gallons per connection per day for real losses.
5. Aggregate variances
The aggregate variance standard is for water supplier agencies with unique uses that can have a
material effect on an urban retailer water supplier's water use. The DWR recommended
variances for the following unique uses:
• Commercial and noncommercial agriculture
• Dust control
• Emergency events
• Evaporative coolers
• Horses and other livestock
• Irrigation with high total dissolved solids (TDS)
• Maintaining lakes and ponds
• Seasonal populations
Water suppliers with these unique uses in their service area will need to apply to the State
Water Board for a variance. Qualifying for any ofthe variances requires meeting defined,
specific requirements and extensive supporting data. If granted by the State Water Board, the
variance will be added to the overall UWUO.
The CMWD will apply for the seasonal population's variance.
Board Memo -California Water Use Efficiency Standards and Reporting (Districts -All)
Dec. 9, 2021
Page 4
6. Bonus incentives
The bonus incentive is for water supp liers that deliver potable recycled water or deliver water
from a groundwater basin, reservoir or other source augmented by potable reuse water. This
does not apply to the CMWD.
The following summarize·s the most recent regulatory and CMWD work:
UWMP
• April 2021-The DWR released the UWMP Report Guidance document
• July 1, 2021-The CMWD submitted the five-year UWMP to the DWR (to be
updated/submitted every five years)
• Nov. 16, 2021-The DWR presented the 2021 Annual Water Supply and Demand Assessment
(shortage assessment) draft guidance
Water Use Efficiency {WUE} Standards
• January 2021-The DWR sent estimated residential landscape area measurements (LAM) to the
CMWD
• March 2021 -The CMWD subm itted corrected LAMs to the DWR
• Nov. 12, 2021 -The DWR presented Standards, Methodologies and Performance Measures
draft guidance to stakeholders
• Nov. 16-17, 2021 -The DWR presented WUE Standards Draft recommendations to
stakeholders
• Nov. 24, 2021-The DWR closed the formal comment period (the CMWD sent comments on
Nov. 24, 2021, see Attachment A)
• Nov. 30, 2021 -The DWR submitted recommendations to the Legislature on Residential Indoor
Standards
• Dec. 2, 2021-The State Water Board presented water use efficiency standards impacts on local
wastewater management
• Dec. 3, 2021 -The State Wa t er Board presented water use efficiency standards impacts on
developed and natural parklands, and urban tree health
Next Steps
The CMWD staff will continue to attend the DWR workgroup presentations and coordinate with the
SDCWA and its member agencies, and water and wastewater professional organizations, in order to
stay informed on the progress of the recommendations. The CMWD will also provide local and regional
input and perspective on addressing the WUE Standards and guidance as the DWR and the State Water
Board efforts progress. In parallel with the SDCWA, on Nov. 23, 2021, the CMWD sent a comment
letter to the DWR expressing concerns with the recommended standards (Attachment A).
The DWR has indicated comments will be considered and subsequent WUE Standards
recommendations will be completed and submitted to the State Water Board in early 2022.
Board Memo -California Water Use Efficiency Standards and Reporting (Districts -All)
Dec. 9, 2021
Page 5
The State Water Board will adopt standards by regulation no later than June 30, 2022. Using t he
adopted WUE Standards and the State Water Board approved variances, water agencies are required
to calculate and implement their individual UWUOs by Jan. 1, 2024.
The following summarizes future regulatory and CMWD work:
UWMP
• July 1, 2022 -The CMWD to submit Annual Water Shortage Assessment Report to the DWR (to
be updated/submitted annually)
Water Use Efficiency (WUE) Standards
• January 2022 -The CMWD expects final residentia l LAM acreage from the DWR
• February 2022 -The DWR expects to re lease UWOU calculation guidance documents
• Winter 2021-2022-The DWR is expected to provide WUE Standards recommendations to the
State Water Board
• June 30, 2022 -The State Water Board is expected to· adopt WUE Standards for Outdoor
• Residential, Outdoor CII DIMs, Variances and UWOU calculation guidance
• July 2022-January 2024 -The CMWD to calculate UWOU (calculated uses and apply for
variances)
• Jan. 1, 2024 -The CMWD to submit fina l calculated UWOU to the DWR and begin
implementation
• Jan 1, 2025-The WUE Standards become more restrictive (e.g., Indoor residential use drops to
47 gpcd, outdoor residential and CII landscape use to 80% of use)
• Jan. 1, 2027 -The WUE Standards to be fully implemented by the CMWD
• Jan. 1, 2030 -The WUE Standards become more restrictive (e.g., Indoor residential use drops to
42 gpcd, outdoor residential and Cl! landscape use to 65% of use)
Attachment: A. CMWD Board President letter to the DWR dated Nov. 24, 2021
cc: Geoff Patnoe, Assistant Executive Manager
Celia Brewer, General Counsel
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Kristina Ray, Community & Engagement Director
Robby Contreras, Assistant General Counsel
Keri Martinez, Utilities Senior Engineer
Mario Remillard, Meter Services and Customer Service Supervisor
Nov.24,2021
Water Use Efficiency Branch
California Department of Water Resources
P.O. Box 942836
Sacramento, CA 95814
RE: Water Conservation Legislation Comments
Dear Water Use Efficiency Branch,
~Carlsbad
Municipal Water District
ATTACHMENT A
WUEStandards@water.ca.gov
The Carlsbad Municipal Water District (CMWD) appreciates the opportunity to submit written
comments to the California Department of Water Resources (DWR) on the recently released
information on the water use efficiency standard. The CMWD covers an area of 20,682 acres,
approximately 32 square miles, and provides potable and recycled water to most of the city of
Carlsbad. Water users within CMWD's service area are residential, commercial, industrial,
agricultural, and irrigation. In 2020, our residential water users accounted for 53% of total
demands while commercial accounted for 12% of total demands.
In general, CMWD requests that DWR consider the resources needed to develop and
• implement the water use efficiency standards. The CMWD recommends that technical
assistance and financial resources be made available to water suppliers. The CMWD offers you
the following comments.
Guidance and Methodology
1. Provide technical assistance for calculating standard targets. This includes aiding in
measuring landscapes for dedicated landscape meters.
2. Provide technical assistance for variance applicability and acceptance. CMWD may be
eligible to apply for the following variances:
a. Significant landscaped areas with recycled water having high levels of total dissolved
solids (TDS); and
b. Significant fluctuations in seasonal populations
Outdoor Residential Water Use Standard Draft Recommendations
1. The CMWD appreciates the increase of the proposed Evapotranspiration (ET) Factor from a
0.7 standard to 0.8, and the higher ET Factor for recycled and special landscape areas.
2. The ET Factor of 0.65 proposed for 2030 will not support healthy irrigation practices for
many existing landscapes. At a minimum, the date for compliance with the lower ET factor
should be shifted to 2035, or a later more appropriate date, to allow water suppliers and
the state time to secure funding, build partnerships, and allow for technical advances
needed for landscape retrofits.
Carlsbad Municipal Water District
5950 El Camino Real I Ca rlsbad, CA 92008 I 760-438-2722 I www.carlsbadca.gov
3. Due to existing irrigation equipment and the age of landscaping, 0.80 and 0.65
Evapotranspiration Adjustment factor (ETAF) will have a significant impact on the existing
landscapes in our area. Much of the development in our area occurred prior to MWELO
being implemented. Requiring the quick and complete replacement of this landscape will
put an undue burden on our community. For communities like ours, CMWD asks that
consideration be given to the age and makeup of existing landscapes and the ETAF be raised
to keep our landscapes healthy and given our residents who have already reduced their per
capita water use by 48%. At this point our underserved communities will bear the burden.
Commercial, Industrial, and Institutional (CII) Recommendations
1. DWR's proposed recommendation of 20,000 square feet as a threshold for mixed use meter
conversion does not consider that dedicated meters do not guarantee water savings and is
frequently not cost effective. Converting meters can also be infeasible and require
significant on-site retrofits. The CMWD supports the alternative co'mpliance recommended
by the Association of California Water Agencies (ACWA). The ACWA proposal requires the
conversion of meters only if they are irrigating more than an acre and using more water
than the outdoor water use efficiency standard. It also allows an alternative compliance
plan to reduce water use to meet the water use efficiency standard.
2. The CMWD also requests technical assistance for our agency as CMWD implements the
proposed CII classification. Guidance on the businesses in each category will be needed and
the CMWD also requests DWR recommend NAICS codes be made available to suppliers.
Thank you again for the opportunity to comment. If you require additional information, please
contact Vicki Quiram, General Manager at 760-603-7307, vicki.quiram@carlsbadca.gov. •
Sincerely,
~a,t//Jff
Matt Hall
Carlsbad Municipal Water District
Board President
cc: Scott Chadwick, Executive Director
Geoff Patnoe, Assistant Executive Manager
Paz Gomez, Deputy City Manager
Robby Contreras, Assistant General Counsel
Keri Martinez, Utilities Senior Engineer
Mario Remillard, Meters and Customer Service Supervisor