HomeMy WebLinkAbout2022-06-07; Municipal Water District; ; Implementation of Demand Reduction Actions for Water Shortage Level 2 to Comply with New State Water Resources Control Board Emergency RegulationCA Review CKM
Meeting Date: June 7, 2022
To: President and Board Members
From: Scott Chadwick, Executive Manager
Staff Contact: Mario Remillard, Meter Services Supervisor
mario.remillard@carlsbadca.gov, 442-339-2722
Vicki Quiram, General Manager
vicki.quiram@carlsbadca.gov, 442-339-2307
Subject: Implementation of Demand Reduction Actions for Water Shortage Level 2
to Comply with New State Water Resources Control Board Emergency
Regulation
Districts: All
Recommended Action
Adopt a resolution directing the Executive Manager to implement the Carlsbad Municipal
Water District’s (CMWD) demand reduction actions for water shortage Level 2 to comply with
the emergency regulation adopted by the State Water Resources Control Board on May 24,
2022.
Executive Summary/Discussion
On March 28, 2022, Governor Newsom issued Executive Order N-7-22(Exhibit 2) directing
immediate actions to prepare and mitigate the effects of the state’s current drought conditions.
Among the actions, the order directed the State Water Resources Control Board to consider
adopting an emergency regulation by May 25, 2022, to:
1. Require urban water suppliers with water shortage contingency plans to implement, at
a minimum, the demand response actions for water shortage Level 2.
2. Define “non-functional turf” (that is, turf that is ornamental and not otherwise used for
human recreation purposes such as school fields, sports fields and parks) and ban
irrigation of non-functional turf in the commercial, industrial and institutional sectors
except as it may be required to ensure the health of trees and other perennial non-turf
plantings.
On May 24, 2022, the State Water Resources Control Board adopted the requested emergency
regulation as Resolution No. 2022-0018 (Exhibit 3). The emergency regulation requires urban
water suppliers, such as the CMWD, with a Water Shortage Contingency Plan to implement all
demand reduction actions identified in their plan for water shortage Level 2 by June 10, 2022.
The CMWD’s demand reduction actions for water shortage Level 2 are shown in Attachment A
to Exhibit 1. These actions are also shown in the CMWD Ordinance No. 48, which is being
June 7, 2022 Item #12 Page 1 of 19
MUNICIIPAL WATER D IISTRIC'f
Staff Report
presented to the CMWD Board of Directors today for adoption as part of a separate item. The
actions are not applicable to customers using recycled water.
The emergency regulation also prohibits the use of potable water to irrigate non-functional turf
at commercial, industrial and institutional sites. This prohibition does not apply to the use of
potable water:
• When necessary to ensure the health of trees or other perennial non-turf plantings
• When necessary to address immediate health and safety needs
• For non-functional turf certified and demonstrated to be low water use
The State Water Resources Control Board has various criminal, civil and administrative methods
for enforcing the provisions of the emergency regulation. In addition to these methods, the
emergency regulation specifies a violation of the non-functional turf watering prohibition is an
infraction subject to a $500 fine for each day the violation occurs. However, before pursuing
monetary penalties, State Water Resources Control Board staff must provide one or more
warnings and, if monetary penalties are imposed, they must be based on an ability to pay
determination and staff must consider allowing a payment plan of at least 12 months.
Moreover, enforcement of this prohibition may not result in shutoff and monetary penalties
may not result in a tax lien. The State Water Resources Control Board encourages local entities
considering enforcement of the emergency regulation to follow the same protocols.
Nothing in the emergency regulation or its enforcement provisions precludes a local agency
from exercising its authority to adopt more stringent conservation measures. Moreover, the
Water Code does not impose a mandatory penalty for violations of the emergency regulation,
and local agencies retain their enforcement discretion in enforcing the emergency regulation,
to the extent authorized, and may develop their own progressive enforcement practices to
encourage conservation.
To comply with the emergency regulation, staff are requesting the CMWD board to adopt a
resolution directing the Executive Manager to implement the district’s water shortage Level 2
demand reduction actions. The emergency regulation does not expressly require the CMWD
board to declare a water shortage. As the existence of a water shortage is determined through
the annual water supply and demand assessment process – which will not be completed until
July 1, 2022 – staff are not requesting the CMWD board declare a water shortage at this time. If
the annual water supply and demand assessment indicates there is a water shortage, or if the
State Water Resources Control Board issues guidance requiring the CMWD board to declare a
water shortage to comply with the emergency regulation, staff will return to the CMWB board
with an item requesting the declaration.
Options
Compliance with the emergency regulation requires the CMWD to implement its water
shortage demand reduction actions for a Level 2 water shortage. If the CMWD does not comply
with the emergency regulation, it may be subject to fines and other enforcement actions.
June 7, 2022 Item #12 Page 2 of 19
Fiscal Analysis
Implementation of the emergency regulation is expected to result in reduced water sales,
which will result in lost revenue. In addition, implementation of the emergency regulation is
expected to result in increased communications and compliance costs. The extent of the lost
revenue and increased costs for CMWD is unknown at this time, but the state estimates the lost
revenue and increased costs for all local agencies statewide will be $394 million.
Next Steps
With the CMWD board’s approval, effective June 10, 2022, the CMWD will begin implementing
its water shortage demand reduction actions for a Level 2 water shortage. The CMWD will
provide outreach to its customers concerning the Level 2 actions and compliance requirements.
The CMWD will also comply with the other emergency regulation requirements, including
submitting preliminary and final water supply and demand assessments by the specified
deadlines.
Environmental Evaluation (CEQA)
The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060,
has determined that this project is exempt pursuant to California Code of Regulations, Title 14,
Section 15301, the CEQA Guidelines, and the ruling in Turlock Irrigation District v. Zanker (2006)
140 Cal.App.4th 1047. Adoption of a drought response plan is a project exempt from CEQA
because it is considered to be a minor alteration of existing public facilities with no expansion of
the existing use.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and available for viewing at
least 72 hours prior to the meeting.
Exhibits
1.CMWD board resolution
2.Executive Order N-7-22
3.State Water Resources Control Board Resolution No. 2022-0018
June 7, 2022 Item #12 Page 3 of 19
RESOLUTION NO. 1672
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
DIRECTING THE EXECUTIVE MANAGER TO IMPLEMENT THE DEMAND
REDUCTION ACTIONS FOR WATER SHORTAGE LEVEL 2 TO COMPLY WITH
THE EMERGENCY REGULATION ADOPTED BY THE STATE WATER RESOURCES
CONTROL BOARD ON MAY 24, 2022
EXHIBIT 1
WHEREAS, the CMWD's Water Shortage Contingency Plan, as updated by the CMWD Ordinance
No. 48, establishes behavioral restrictions to be implemented during times of declared water shortage,
or declared water shortage emergencies; and
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22 asking
Californians to limit summer water use and to use water more efficiently indoors and outdoors; and
WHEREAS, the Governor also directed the State Water Resources Control Board to adopt an
emergency regulation requiring urban water suppliers that have adopted a Water Shortage
Contingency Plan to implement, at a minimum, the demand response actions for water shortage Level
2;and
WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted the requested
emergency regulation, which is in Title 23, Section 996, of the California Code of Regulations; and
WHEREAS, the emergency regulation requires the CMWD to implement its demand response
actions for water shortage Level 2; and
WHEREAS, the CMWD Board of Directors desires to comply with the emergency regulation.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water
District of the City of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the Executive Manager is directed to take all necessary and appropriate actions to
implement the CMWD's demand response actions for water shortage Level 2 (Attachment A) by
June 10, 2022.
June 7, 2022 Item #12 Page 4 of 19
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District of the City of Carlsbad, California, on the 7th day of June, 2022, by
the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, President
FAVIOLA MEDINA, Secretary
(SEAL)
June 7, 2022 Item #12 Page 5 of 19
~
Action Level Comparison Attachment A Water conservation measures in effect
at all times Level 1 – Declared by Executive Manager Level 2 – Declared by Resolution by the CMWD
Board at a regular or special meeting
Stop washing down paved surfaces, except when it is necessary to
alleviate safety or sanitation hazards
Reduction-10% (Voluntary) Reduction 20% (Mandatory)
Stop water waste resulting from inefficient landscape irrigation,
such as runoff, low head drainage, or overspray, Stop water flows
onto non-targeted areas, such as adjacent property, non-irrigated
areas, hardscapes, roadways, or structures
Continue implementation of water conservation measures
that are in effect at all times
Continue implementation of water conservation measures
that are in effect at all times and Level 1 practices
Use a hand-held hose equipped with a positive shut-off nozzle or
bucket to water landscaped areas, that are not irrigated by a
landscape irrigation system
Increase public education and outreach Limit residential and commercial landscape irrigation ≤ 3
assigned days per week on a schedule established and
posted (does not apply to commercial growers and
nurseries)
Use re-circulated water to operate ornamental fountains Irrigate residential and commercial landscape before 10
a.m. and after 6 p.m. only. Watering is permitted at any
time when a drip/micro-irrigation system equipment is
used
Limit lawn watering and landscape irrigation using
sprinklers ≤ 10 min. per water station per assigned day.
This does not apply to systems using water efficient
devices, for example weather-based controllers,
drip/micro-irrigation and or stream rotor sprinklers.
Wash vehicles using a bucket and a hand-held hose with positive
shut-off nozzle, mobile high pressure/low volume wash system, or
a commercial site that re-circulates (reclaims) water on-site. Avoid
washing during hot conditions when additional water is required due to
evaporation.
Irrigate nursery and commercial grower's products before
10 a.m. and after 6 p.m. only. Watering is permitted at any
time with a hand-held hose equipped with a positive shut-
off nozzle, a bucket, or when a drip/micro-irrigation
system/equipment is used. Irrigation of nursery
propagation beds is permitted at any time. Watering of
livestock is permitted at any time
Water landscaped areas, including trees and shrubs located
on residential and commercial properties, and NOT
irrigated by any landscape irrigation system no more than 3
assigned days per week by using a bucket, hand-held hose
with positive shut-off nozzle, or low-volume non-spray
irrigation
Serve and refill water in restaurants, bars, and other food service
establishments only upon request
Repair all water leaks within 5 days of notification by
CMWD
Repair all leaks within 72 hours of notification by CMWD
Use recycled or non-potable water for construction purposes when
available and economically feasible
Stop operating ornamental fountains or similar water
features unless re-circulated water is used.
Offer guests in hotels, motels, and other commercial lodging
establishments the option of not laundering towels and linens dailyJune 7, 2022Item #12 Page 6 of 19
EXHIBIT 2
June 7, 2022 Item #12 Page 7 of 19
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 202 l, July 8, 202 l, and October 19,
2021, I proclaimed states of emergency that continue today and exist across a ll
the counties of California, due to extreme and expanding drought conditions;
and
WHEREAS climate change continues to intensify the impacts of droughts
on our communities, environment, and economy, and California is in a third
consecutive year of dry conditions, resulting in continuing drought in all parts of
the State; and
WHEREAS the 21st century to date has been characterized by record
warmth and predominantly dry conditions, and the 202 1 meteorological
summer in California and the rest of the western United States was the hottest on
record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October
and December 202 l gave way to the driest January and February in recorded
history for the watersheds that provide much of California's water supply; and
WHEREAS the ongoing drought will have significant, immediate impacts on
communities with vulnerable water supplies, farms that rely on irrigation to grow
food and fiber, and fish and wildlife that rely on stream flows and cool water;
and
WHEREAS the two largest reservoirs of the Central Valley Project, which
supplies water to farms and communities in the Central Valley and the Santa
Clara Valley and provides critical cold-water habitat for salmon and other
anadromous fish, have water storage levels that are approximately l. l million
acre-feet below last year's low levels on this date; and
WHEREAS the record-breaking dry period in January and February and the
absence of significant rains in March have required the Department of Water
Resources to reduce anticipated deliveries from the State Water Project to
5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect
human safety and public health in those places where water supplies are
disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total
water supply on an average annual basis but as much as 58 percent in a
critically dry year, and approximately 85 percent of public water systems rely on
groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for
new groundwater wells and local groundwater sustainability agencies is
important to achieving sustainable levels of groundwater in critically
overdrafted basins; and
~
June 7, 2022 Item #12 Page 8 of 19
WHEREAS the duration of the drought, especially following a multiyear
drought that abated only five years ago, underscores the need for California to
redouble near-, medium-, and long-term efforts to adapt its water management
and delivery systems to a changing climate, shifting precipitation patterns, and
water scarcity; and
WHEREAS the most consequential, immediate action Californians can take
to extend available supplies is to voluntarily reduce their water use by
15 percent from their 2020 levels by implementing the commonsense measures
identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 );
and
WHEREAS to protect public health and safety, it is critical the State take
certain immediate actions without undue delay to prepare for and mitigate the
effects of the drought conditions, and under Government Code section 8571, I
find that strict compliance with various statutes and regulations specified in this
Proclamation would prevent, hinder, or delay the mitigation of the effects of the
drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
Government Code sections 8567, 8571, and 8627, do hereby issue the following
Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1 . The orders and provisions contained in my April 21, 2021, May 10, 2021,
July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force
and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those
Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient
water for essential indoor and outdoor use, I call on all Californians to
strive to limit summertime water use and to use water more efficiently
indoors and out. The statewide Save Our Water conservation
campaign at SaveOurWater.com provides simple ways for Californians
to reduce water use in their everyday lives. Furthermore, I encourage
Californians to understand and track the amount of water they use
and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water
Board) shall consider adopting emergency regulations that include all
of the following:
a. A requirement that each urban water supplier, as defined in
section 10617 of the Water Code, shall submit to the Department
of Water Resources a preliminary annual water supply and
demand assessment consistent with section 10632.1 of the Water
Code no later than June 1, 2022, and submit a fina l annual water
June 7, 2022 Item #12 Page 9 of 19
supply and demand assessment to the Department of Water
Resources no later than the deadline set by section 10632.1 of
the Water Code;
b. A requirement that each urban water supplier that has
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the
shortage response actions adopted under section 10632 of the
Water Code for a shortage level of up to twenty percent (Level
2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board,
which shall take into consideration model actions that the
Department of Water Resources shall develop for urban water
supplier water shortage contingency planning for Level 2, by a
date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought
lasts beyond this year, I encourage urban water suppliers to conserve
more than required by the emergency regulations described in this
paragraph and to voluntarily activate more stringent local
requirements based on a shortage level of up to thirty percent (Level
3).
4. To promote water conservation, the Department of Water Resources
shall consult with leaders in the commercial, industrial, and institutional
sectors to develop strategies for improving water conservation,
including direct technical assistance, financial assistance, and other
approaches. By May 25, 2022, the Water Board shall consider adopting
emergency regulations defining "non-functional turf" (that is, a
definition of turf that is ornamental and not otherwise used for human
recreation purposes such as school fields, sports fields, and parks) and
banning irrigation of non-functional turf in the commercial, industrial,
and institutional sectors except as it may be required to ensure the
health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water
supplies critical to human health and safety and the environment,
Public Resources Code, Division 13 (commencing with section 21000)
and regulations adopted pursuant to that Division are hereby
suspended, with respect to the directives in paragraphs 3 and 4 of this
Order and any other projects and activities for the purpose of water
conservation to the extent necessary to address the impacts of the
drought, and any permits necessary to carry out such projects or
activities. Entities that desire to conduct activities under this suspension,
other than the directives in paragraphs 3 and 4 of this Order, shall first
request that the Secretary of the Natural Resources Agency make a
determination that the proposed activities are eligible to be
conducted under this suspension. The Secretary shall use sound
discretion in applying this Executive Order to ensure that the suspension
serves the purpose of accelerating conservation projects that are
necessary to address impacts of the drought, while at the same time
June 7, 2022 Item #12 Page 10 of 19
protecting public health and the environment. The entities
implementing these directives or conducting activities under this
suspension shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would
require change petitions under Water Code section 1707 and either
Water Code sections 1425 through 1432 or Water Code sections 1725
through 1732, and where the primary purpose is to improve conditions
for fish, the Water Board shall expeditiously consider petitions that add
a fish and wildlife beneficial use or point of diversion and place of
storage to improve conditions for anadromous fish. California Code of
Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are
suspended with respect to any petition that is subject to this
paragraph.
7. To facilitate the hauling of water for domestic use by local
communities and domestic water users threatened with the loss of
water supply or degraded water quality resulting from drought, any
ordinance, regulation, prohibition, policy, or requirement of any kind
adopted by a public agency that prohibits the hauling of water out of
the water's basin of origin or a public agency's jurisdiction is hereby
suspended. The suspension authorized pursuant to this paragraph shall
be limited to the hauling of water by truck or bottle to be used for
human consumption, cooking, or sanitation in communities or
residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement
to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal
diversions or wasteful or unreasonable use of water are occurring and
bring enforcement actions against illegal diverters and those engaging
in the wasteful and unreasonable use of water. When access is not
granted by a property owner, the Water Board may obtain an
inspection warrant pursuant to the procedures set forth in Title 13
( commencing with section 1822.50) of Part 3 of the Code of Civil
Procedure for the purposes of conducting an inspection pursuant to
this directive.
9. To protect health, safety, and the environment during this drought
emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of
an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium-or
high-priority without first obtaining written verification from a
Groundwater Sustainability Agency managing the basin or area
of the basin where the well is proposed to be located that
groundwater extraction by the proposed well would not be
inconsistent with any sustainable groundwater management
program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability
June 7, 2022 Item #12 Page 11 of 19
Agency and would not decrease the likelihood of achieving a
sustainability goal for the basin covered by such a plan; or
b. Issue a permit for a new groundwater well or for alteration of an
existing well without first determining that extraction of
groundwater from the proposed well is ( 1) not likely to interfere
with the production and functioning of existing nearby wells, and
(2) not likely to cause subsidence that would adversely impact or
damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less
than two acre-feet per year of groundwater for individual domestic
users, or that will exclusively provide groundwater to public water
supply systems as defined in section 116275 of the Health and Safety
Code.
10. To address household or small community drinking water shortages
dependent upon groundwater wells that have failed due to drought
conditions, the Department of Water Resources shall work with other
state agencies to investigate expedited regulatory pathways to
modify, repair, or reconstruct failed household or small community or
public supply wells, while recognizing the need to ensure the
sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regional,
and local agencies on actions related to promoting groundwater
recharge and increasing storage.
12. To help advance groundwater recharge projects, and to
demonstrate the feasibility of projects that can use available high
water flows to recharge local groundwater while minimizing flood
risks, the Water Board and Regional Water Quality Control Boards
shall prioritize water right permits, water quality certifications, waste
discharge requirements, and conditional waivers of waste discharge
requirements to accelerate approvals for projects that enhance the
ability of a local or state agency to capture high precipitation events
for local storage or recharge, consistent with water right priorities and
protections for fish and wildlife. For the purposes of carrying out this
paragraph, Division 13 (commencing with section 21000) of the
Public Resources Code and regulations adopted pursuant to that
Division, and Chapter 3 ( commencing with section 85225) of Part 3 of
Division 35 of the Water Code and regulations adopted pursuant
thereto are hereby suspended to the extent necessary to address the
impacts of the drought. This suspension applies to (a) any actions
taken by state agencies, (b) any actions taken by local agencies
where the state agency with primary responsibility for the
implementation of the directives concurs that local action is required,
and (c) permits necessary to carry out actions under (a) or (b). The
entities implementing these directives shall maintain on their websites
a list of all activities or approvals for which these provisions are
suspended.
13. With respect to recharge projects under either Flood-Managed
Aquifer Recharge or the Department of Water Resources Sustainable
June 7, 2022 Item #12 Page 12 of 19
Groundwater Management Grant Program occurring on open and
working lands to replenish and store water in groundwater basins that
will help mitigate groundwater conditions impacted by drought, for
any (a) actions taken by state agencies, (b) actions taken by a local
agency where the Department of Water Resources concurs that
local action is required, and (c) permits necessary to carry out
actions under (a) or (b), Public Resources Code, Division 13
(commencing with section 21000) and regulations adopted pursuant
to that Division are hereby suspended to the extent necessary to
address the impacts of the drought. The entities implementing these
directives shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
14. To increase resilience of state water supplies during prolonged
drought conditions, the Department of Water Resources shall prepare
for the potential creation and implementation of a multi-year transfer
program pilot project for the purpose of acquiring water from willing
partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of
Finance for my consideration proposals to mitigate the worsening
effects of severe drought, including emergency assistance to
communities and households and others facing water shortages as a
result of the drought, facilitation of groundwater recharge and
wastewater recycling, improvements in water use efficiency,
protection of fish and wildlife, mitigation of drought-related
economic or water-supply disruption, and other potential investments
to support short-and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
t j , 11/!J . I i ~--
GA VIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018
TO ADOPT AN EMERGENCY REGULATION
TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:
1.On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issuedproclamations that a state of emergency exists statewide due to severe droughtconditions and directed state agencies to take immediate action to preserve
critical water supplies and mitigate the effects of drought and ensure theprotection of health, safety, and the environment.
2.These proclamations urge Californians to reduce their water use.
3.On March 28, 2022, Governor Newsom signed an Executive Order directing theState Water Resources Control Board (State Water Board or Board) to consideradopting emergency regulations to increase water conservation. The ExecutiveOrder includes a request that the Board require urban water suppliers toimplement Level 2 of their water shortage contingency plans, establish water
shortage response actions for urban water suppliers that have not submittedwater shortage contingency plans, taking into consideration model actions thatthe Department of Water Resources, and establish a ban on the irrigation of non-functional turf by entities in the commercial, industrial, and institutional sectors.
4.Many Californians and urban water suppliers have taken bold steps over theyears to reduce water use; nevertheless, the severity of the current droughtrequires additional conservation actions from urban water suppliers, residents,and the commercial, industrial, and institutional sectors.
5.Water conservation is the easiest, most efficient, and most cost-effective way toquickly reduce water demand and extend limited water supplies through thissummer and into the next year, providing flexibility for all California communities.Water saved is water available next year, giving water suppliers added flexibility
to manage their systems effectively over time. The more water that is conserved
now, the less likely it is that a community will experience dire shortages that mayrequire water rationing or other emergency actions.
6.Most Californians use more water outdoors than indoors. In many areas,
50 percent or more of daily water use is for irrigation of lawns and outdoor
landscaping irrigation. Outdoor water use is generally discretionary, and manyirrigated landscapes would not suffer greatly from receiving a decreased amountof water.
Exhibit 3
June 7, 2022 Item #12 Page 13 of 19
2
7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional
areas to protect local water resources and enhance water resiliency.
8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water
Agencies, is an excellent resource for conservation information and messaging
that is integral to effective drought response.
9. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or
computer by simply selecting the type of water waste they see, typing in the
address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.
10. Enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated.
11. On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted
drought conservation emergency regulations and other actions to take place
quickly to respond to emergency conditions.
12. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of
diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
13. On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board’s regularly scheduled May 24, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of
Emergency that complies with State laws and regulations.
14. The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state’s housing supply
shortage. However, the Board recognizes connections for other projects may not
be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts.
June 7, 2022 Item #12 Page 14 of 19
3
15. Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans
aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area,
such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
16. The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall
provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
17. The Board encourages entities other than Board staff that consider any
enforcement of this regulation to apply these same factors identified in resolved paragraph 16. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and
local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.
2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board,
or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
June 7, 2022 Item #12 Page 15 of 19
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4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation
due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.
6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting
trees.
7. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own
progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true,
and correct copy of a resolution duly and regularly adopted at a meeting of the State
Water Resources Control Board held on May 24, 2022.
AYE: Chair E. Joaquin EsquivelVice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY: None
ABSENT: Board Member Nichole Morgan
ABSTAIN: None
Jeanine TownsendClerk to the Board
June 7, 2022 Item #12 Page 16 of 19
~t[lJL j y,uru,an:L
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ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality
Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation
Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in
Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes
homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of
the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly
used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
(6) “Plant factor” has the same meaning as in section 491.
(7) “Separate interest” has the same meaning as in section 4185 of the Civil
Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617.
(10) “Water shortage contingency plan” means the plan required by Water Code
section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section
June 7, 2022 Item #12 Page 17 of 19
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10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section.
(3) Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan
adopted under Water Code section 10632 for a shortage level of ten (10) to
twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River,
State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day
by residential customers for the year 2020 is below 55 gallons, as reported to the
Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions
identified in the supplier’s water shortage contingency plan adopted under Water
Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such
as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media.
(2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m.
(3) Implement and enforce a rule or ordinance banning, at a minimum, the water
uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
June 7, 2022 Item #12 Page 18 of 19
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(e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a
request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
(f) The taking of any action prohibited in subdivision (e) 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 infraction is in addition to, and does not supersede or
limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110,
and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State
Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch
Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
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