HomeMy WebLinkAbout10 - Update on Water Use and Conservation Efforts April 2016May 24, 2016
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: George Murdoch, Municipal Operations Director - 949-644-3011,
gmurdoch@newportbeachca.gov
PREPARED BY: Cynthia Owens, Administrative Manager,
cowens new ortbeachca. ov
PHONE: 949-644-3057
TITLE: Update on Water Use and Conservation Efforts April 2016
ABSTRACT:
The City reduced overall water consumption in April 2016 by 28 percent when
compared to April 2013, which brings our cumulative average since June 2015 to 21
percent. On May 9, 2016, the Governor issued an Executive Order that directs the State
Water Resources Control Board (State Board) to adjust and extend its emergency water
conservation regulations through the end of January 2017. The State Board released
the proposed text of the new regulations on May 9, 2016 and will consider adoption at
their May 18 meeting. This report provides an update on City water use reductions,
water conservation efforts, enforcement, and proposed regulations.
RECOMMENDATION:
a) Determine that the action is
(CEQA) pursuant to Sections
because it will not result in
indirectly; and
b) Receive and file.
FUNDING REQUIREMENTS:
exempt from the California Environmental Quality Act
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
a physical change to the environment, directly or
There is no fiscal impact related to this item.
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Update on Water Use and Conservation Efforts April 2016
May 24, 2016
Page 2
DISCUSSION:
Water Use Reductions
The City's overall usage for the month of April was 28 percent lower when compared to
the same month in 2013. The City's cumulative water reduction since June 2015 is 21
percent.
The table below reflects the progress of the City's efforts to reduce water consumption
by month. The green bar is the monthly reduction from 2013 and the blue bar is the
cumulative total. The data for this chart is derived from the metered water from our wells
and import connections.
Reduction
32%
30%
28%
26%
24%
22%
20%
18%
16%
14%
12%
City of Newport Beach Water Use
The Statewide emergency regu l ations have been extended through October 2015. The
current State mandated monthly and cumulative standard for Newport Reach is 21 percent.
Jun -15 Jul -15 Aug -15 Sep -15 Oct -15 Nov -15 Dec -15 Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16
Monthly Reduction Cumulative Reduction — — Previous State Standard — — New State Standard
Note: Compliance with the State requirements are measured monthly and assessed on a cumulative basisforthe period of June 2015 through October 2016.
The chart below reflects the cumulative efforts by customer class from June 2015
through April 2016 when compared to the same months in 2013. Water consumption
data is displayed in HCF (1 HCF = 748 gallons). The gold bar represents water
consumption from June 2015 through April 2016 and the blue bar represents water
consumption for the same months in 2013. The data for this chart is derived from the
customer's bi-monthly water billing use. Please note the data is averaged over a two
month period and may not match the above chart.
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Update on Water Use and Conservation Efforts April 2016
May 24, 2016
Page 3
Overall Water Consumption Reduction June 2015 -April 2016
When Compared to the Same Months in 2013
3,000,[700
2,500,000
2,[700,(700
1,500„000
1,000,000
1,028,270
166,666
912,252
776,834
550,152
500,000
460, 468
400,257
97, 211 84,537
191,584
146,051
Single Family
Sprinkler
Other
City Sprinkler
0 2013 Use
766,666
550,152
191,584
2015/2016 Use
460,468
400,257
146,051
- Percent Reduced
-40%
-27%
-24%
Water Conservation Efforts
2,764,307
2,242,575
In April, City staff took the following actions to encourage the reduction of water use by
residents and businesses:
Replaced turf at Kings Road Park and Spyglass Park with drought tolerant
landscape and drip irrigation;
Coordinated with Belcourt Home Owners Association to replace an additional
10,000 square feet of turf with drought tolerant landscape;
Contacted the top 50 water users for both commercial and residential accounts;
Conducted a California friendly landscape class at the Civic Center;
Attended the Corona del Mar Residents Association event at the Sherman Library
and provided drought information;
Provided a drought outreach booth at the Earth Day at the Bay event; and
Participated in the National Mayor's Challenge for water conservation.
Enforcement
In April, the City issued 744 notices of violation (NOVs) for water use and an additional
13 notices for other water related issues totaling 757. Because of the NOVs issued in
February, 899 customers met their water use reduction target while 385 customers did
not and received administrative citations. Twelve administrative appeal hearings were
conducted in April; ten were upheld as valid, one was dismissed, and one hearing was
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1,028,270
912,252
776,834
677,170
97, 211 84,537
Single Family
Multi-Pamily
City Meter
Commercial
2,764,307
776,834
97,211
1,028,270
2,242,575
677,170
84,537
912,252
-19%
-13%
-13%
-11%
In April, City staff took the following actions to encourage the reduction of water use by
residents and businesses:
Replaced turf at Kings Road Park and Spyglass Park with drought tolerant
landscape and drip irrigation;
Coordinated with Belcourt Home Owners Association to replace an additional
10,000 square feet of turf with drought tolerant landscape;
Contacted the top 50 water users for both commercial and residential accounts;
Conducted a California friendly landscape class at the Civic Center;
Attended the Corona del Mar Residents Association event at the Sherman Library
and provided drought information;
Provided a drought outreach booth at the Earth Day at the Bay event; and
Participated in the National Mayor's Challenge for water conservation.
Enforcement
In April, the City issued 744 notices of violation (NOVs) for water use and an additional
13 notices for other water related issues totaling 757. Because of the NOVs issued in
February, 899 customers met their water use reduction target while 385 customers did
not and received administrative citations. Twelve administrative appeal hearings were
conducted in April; ten were upheld as valid, one was dismissed, and one hearing was
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Update on Water Use and Conservation Efforts April 2016
May 24, 2016
Page 4
continued to June. The table below depicts the number of notices and administrative
citations issued since June 2015.
Proposed Regulations
On May 9, 2016, Governor Brown issued Executive Order B-37-16 that directed the
State Board to implement actions to encourage using water wisely, reduce water waste,
and improve water use efficiency. The Order also directs the State Board to extend the
emergency regulations through the end of January 2017.
Also on May 9, 2016, the State Board released the proposed text of the new emergency
regulations (Attachment A). As of the date this report was written, the State Board will
accept comments through May 16, 2016 with plans to adopt the regulations at the May
18, 2016 Board meeting.
The key provisions of the new regulations would require water agencies to self -certify
their available water supplies and the level of conservation they deem necessary to
continue to provide water should there be three additional dry years. Suppliers that
would face a shortage after a third dry year would be required to comply with a new
conservation standard equal to the amount of the shortage. The calculation is
complicated but a simple example is if an agency estimates they will have a 10 percent
shortage after three additional dry years, then their conservation standard would be 10
percent. The City relies on the water supply conditions of the Orange County Water
District for groundwater and the Municipal Water District of Orange County for import
water supplies. These wholesale agencies must provide information to the City on their
ability to provide water prior to the City self -certifying. The new conservation standards
will take effect June 2016.
The proposed regulations also include permanent restrictions including:
Use of potable water for ornamental turf in center medians;
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•itations
Water Use at
0
OtherW
Related •
53
June 2015
0
1
July 2015
0
0
333
12
August 2015
0
0
311
31
September 2015
0
0
296
44
October 2015
72
0
62
122
November 2015
346
0
121
41
December 2015
1
0
19
164
January 2016
2,039
153
11
99
February 2016
1,284
144
27
74
March 2016
563
702
3
55
April 2016
744
1 385
1 13
1 44
Total
5,049
1,384
1,249
687
Proposed Regulations
On May 9, 2016, Governor Brown issued Executive Order B-37-16 that directed the
State Board to implement actions to encourage using water wisely, reduce water waste,
and improve water use efficiency. The Order also directs the State Board to extend the
emergency regulations through the end of January 2017.
Also on May 9, 2016, the State Board released the proposed text of the new emergency
regulations (Attachment A). As of the date this report was written, the State Board will
accept comments through May 16, 2016 with plans to adopt the regulations at the May
18, 2016 Board meeting.
The key provisions of the new regulations would require water agencies to self -certify
their available water supplies and the level of conservation they deem necessary to
continue to provide water should there be three additional dry years. Suppliers that
would face a shortage after a third dry year would be required to comply with a new
conservation standard equal to the amount of the shortage. The calculation is
complicated but a simple example is if an agency estimates they will have a 10 percent
shortage after three additional dry years, then their conservation standard would be 10
percent. The City relies on the water supply conditions of the Orange County Water
District for groundwater and the Municipal Water District of Orange County for import
water supplies. These wholesale agencies must provide information to the City on their
ability to provide water prior to the City self -certifying. The new conservation standards
will take effect June 2016.
The proposed regulations also include permanent restrictions including:
Use of potable water for ornamental turf in center medians;
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Update on Water Use and Conservation Efforts April 2016
May 24, 2016
Page 5
Irrigating newly -constructed homes and buildings not in accordance with
California Building Code;
Using Potable water to wash sidewalks and driveways;
Allowing runoff when irrigating;
Using hoses with no shutoff nozzles to wash vehicles;
Use of potable water in decorative fountains without recirculating water; and
Irrigating during and within 48 hours of measurable rainfall.
The regulations retain penalties for homeowners' associations that block, stifle, or
threaten homeowners from reducing irrigation of vegetation of turf during a declared
drought emergency and encourage Californians to ensure existing trees remain healthy.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
L[6111INIZIcs
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Proposed Text of Emergency Regulation
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ATTACHMENT A
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 follows:
(1) On January 17, 2014, the Governor issued a proclamation of a state of
emergency under the California 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 California Emergency Services Act based on continued drought
conditions;
(3) On April 1, 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, 2016; 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;
(4) On November 13, 2015, the Governor issued an Executive Order that directs
the State Board to, if drought conditions persist through January 2016, extend until
October 31, 2016 restrictions to achieve a statewide reduction in potable usage;
(5) On May 9, 2016, the Governor issued an Executive Order that directs the State
Board to adjust and extend its emergency water conservation regulations through the end
of January 2017 in recognition of the differing water supply conditions for many
communities;
(56) The drought conditions that formed the basis of the Governor's emergency
proclamations continue to exist; and
(67) The drought conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suppliers will likely be necessary to prevent waste and unreasonable use of water and to
further promote conservation.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 102, 104, 105, and
275, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.AppAth
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 federal agency:
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(1) The application of potable water to outdoor landscapes in a manner that causes
runoff such that water flows onto adjacent property, non -irrigated 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;
(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;
(ti) The servingof dr -inking ing . �.,te - other- than ,pon request ; eating or- dr -inking
ing
establishments,ineluding but net lifnited to Festawants,hotels,eafes, > >
other- ,xubli . plaees ,..here 4'..o or -dr -ink .,.,n /v,,,,-..hd
o ao - ase
,
(76) The irrigation with potable water of ornamental turf on public street medians;
and
(87) The irrigation with potable water of landscapes outside of newly constructed
homes and buildings in a manner inconsistent with regulations or other requirements
established by the California Building Standards Commission and the Department of
Housing and Community Development.
(b) To pr-emete water- eanser--vation, operators of hotels and motels shall Provide
guests with the option of ehoosing not to h&ve towels and linens latmdefed daily. The
hotel or- motel shall py-eminently display netiee of this option in eaeh guestfoo
elear- and easily tinder -stood !a-nguage.
(eb) Immediately upon this subdivision taking effect, all commercial, industrial
and institutional properties that use a water supply, any portion of which is from a source
other than a water supplier subject to section 864.5 or 865 of this article, shall target
water use reductions commensurate with those required of the nearest urban water
supplier under section 864.5 or, if applicable, section 865. shall
(1) Limit etAdeer- ifFigmien of omamei#al landseapes or- turf with potable water- to
no more than two days per- week;�
(2) Reduee potable water- usage supplied by soufees other- than a water- supplier- by
25 per-een4 for- the months of Adne 2015 thr-ough Oeteber- 2016 as eempar-ed to the ametmt
used fiem these s s f the same „ths i 2013
(dc) The taking of any action prohibited in subdivision (a) or (ed), or the failure to
take any action required in subdivision (b) or (c), 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.
(€d)(1) To prevent the waste and unreasonable use of water and to promote water
conservation, any homeowners' association or community service organization or similar
entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the
governing documents or architectural or landscaping guidelines or policies of a common
interest development where that provision is void or unenforceable under section 4735,
subdivision (a) of the Civil Code; or
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(B) Imposing or threatening to impose a fine, assessment, or other monetary
penalty against any owner of a separate interest for reducing or eliminating the watering
of vegetation or lawns during a declared drought emergency, as described in section
4735, subdivision (c) of the Civil Code.
(2) As used in this subdivision:
(A) "Architectural or landscaping guidelines or policies" includes any formal or
informal rules other than the governing documents of a common interest development.
(B) "Homeowners' association" means an "association" as defined in section
4080 of the Civil Code.
(C) "Common interest development" has the same meaning as in section 4100 of
the Civil Code.
(D) "Community service organization or similar entity" has the same meaning as
in section 4110 of the Civil Code.
(E) "Governing documents" has the same meaning as in section 4150 of the Civil
Code.
(F) "Separate interest" has the same meaning as in section 4185 of the Civil
Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation
of subdivision (ed)(1) is initiated, each day the proceeding remains pending shall
constitute a separate violation of this regulation.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110,
4150, 4185, and 4735, Civil Code; Sections 102, 104, 105, 275, 350, and 10617, Water
Code; Light v. State Water Resources Control Board (2014) 226 Ca1.App.4th 1463.
Sec. 864.5. Self -Certification of Supply Reliability for Three Additional Years of Drought.
(a) To prevent the waste and unreasonable use of water and to meet the
requirements of the Governor's May 9, 2016 Executive Order, each urban water supplier
shall:
(1) Identify and report on a form provided by the Board, no later than June 15,
2016, the conservation standard that the supplier will be required to meet under this
section;
(2) Identify and report on a form provided by the Board, no later than June 15,
2016, the data relied upon by the supplier to determine the conservation standard reported
pursuant to this subdivision including, but not limited to identification of each source of
supply the supplier intends to rely on and the quantity of water available under that
source of supply given the assumptions of this section;
(3) Certify, no later than June 15, 2016, that the conservation standard reported
pursuant to this subdivision is based on the information and assumptions identified in this
section; and
(4) Beginning _ June 1, 2016, reduce its total potable water production by the
percentage identified as its conservation standard in this section each month, compared to
the amount used in the same month in 2013.
Mil
(b) Each urban water supplier's conservation standard pursuant to this section
shall be the percentage by which the supplier's total potable water supply is insufficient
to meet the total potable water demand in the third year after this section takes effect
under the followingassumptions:
(1) The next three years' precipitation is the same as it was in water years 2013-
2015;
(2) The supplier's total potable water demand for each of the next three years will
be the supplier's average annual total potable water production for the years 2013 and
2014;
(3) The supplier's total potable water supply shall include only water sources of
supply available to the supplier that could be used for potable drinking water purposes;
(4) Each urban water supplier's conservation standard shall be calculated as a
percentage and rounded to the nearest whole percentage point.
(c) Beginning June 1, 2016, each urban water supplier shall comply with the
conservation standard it identifies and reports pursuant to subdivision (a).
(d) Compliance with the conservation standard reported pursuant to subdivision
(a) shall be measured monthly and assessed on a cumulative basis through January 2017.
(e) Each urban water wholesaler shall calculate, to the best of its ability, and no
later than June 8, 2016, the volume of water that it expects it would deliver to each urban
water supplier in each of the next three years under the assumptions identified in
subdivision (b), and post that calculation, and the underlying analysis, to a publicly -
accessible webpage.
(f) Submitting any information pursuant to this subdivision that the person who
submits the information knows or should have known is materially false is a violation of
this regulation, punishable by civil liability of Lip to five hundred dollars ($500)for each
day in which the violation occurs. Every day that the error goes uncorrected constitutes a
separate violation. Civil liability for the violation is in addition to, and does not supersede
or limit, any other remedies, civil or criminal.
(g) Any urban water supplier that does not comply with this section shall comply_
with the applicable conservation standard identified in section 865.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 275,
350, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board
(2014) 226 Cal.App.4th 1463.
Sec. 865. Mandatory Actions by Water Suppliers.
(a) As used in this seetienarticle:
(1) "Distributor of a public water supply" has the same meaning as under section
350 of the Water Code, except it does not refer to such distributors when they are
functioning solely in a wholesale capacity, but does apply to distributors when they are
functioning in a retail capacity.
(2) "R-GPCD" means residential gallons per capita per day.
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(3) "Total potable water production" means all potable water that enters into a
water supplier's distribution system, excluding water placed into storage and not
withdrawn for use during the reporting period, or water exported outsider the supplier's
�Y:�i►f�K��x�
(4) "Urban water supplier" means a supplier that meets the definition set forth in
Water Code section 10617, except it does not refer to suppliers when they are functioning
solely in a wholesale capacity, but does apply to suppliers when they are functioning in a
retail capacity.
(5) "Urban water wholesaler" means a wholesaler of water to more than one
urban water supplier.
(6) "Water year" means the period from October 1 through the following
September 30. Where a water year is designated by year number, the designation is by
the calendar year number in which the water year ends.
(b) In furtherance of the promotion of water conservation each urban water
supplier shall:
(1) Provide prompt notice to a customer whenever the supplier obtains
information that indicates that a leak may exist within the end -user's exclusive control.
(2) Prepare and submit to the State Water Resources Control Board by the 15th of
each month a monitoring report on forms provided by the Board. The monitoring report
shall include the amount of potable water the urban water supplier produced, including
water provided by a wholesaler, in the preceding calendar month and shall 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 residential sector, descriptive statistics on water
conservation compliance and enforcement efforts, the number of days that outdoor
irrigation is allowed, and monthly commercial, industrial and institutional sector use. The
monitoring report shall also estimate the gallons of water per person per day used by the
residential customers it serves.
(c)(1) To prevent the waste and unreasonable use of water and to meet the
requirements of the Governor's November- 13,z815 -May 9, 2016 Executive Order, each
urban water supplier that does not submit a self -certification in compliance with section
864.5 shall reduce its total potable water production by the percentage identified as its
conservation standard in this suhdensection. Each urban water supplier's
conservation standard considers its service area's relative per capita water usage.
(2) Eaeh urban water- supplier- whose setffee of s"ply does not inelude
supplier- is leea4ed, and that has . . )f fiatff years' r-esefved supply a-,�ailable, may
s4mit to the ExeetAive Dir-eeter- for- approval a r-equest that, in lieu of the r-eduetion that
would ethefwise be r-e"ir-ed tmder- paragraphs (3) through (10), the urban wa4er- siipphe
shall r-eduee its total potable water- pr-eduetion by 4 per-eei# for- eaeh menth as eempare
te the ametmt used in the same month in 2013. Any stieh fequest shall be aeeafflpaiiie
by infet:Faa4ien showing that the supplier's soufees of supply do not ineltide gr-otmdwater-
ffilin-ifflPffin of fouf years' reserved supply available.
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(32) Each urban water supplier whose average July -September 2014 R-GPCD
was less than 65 shall reduce its total potable water production by 8 percent for each
month as compared to the amount used in the same month in 2013.
(43) Each urban water supplier whose average July -September 2014 R-GPCD
was 65 or more but less than 80 shall reduce its total potable water production by 12
percent for each month as compared to the amount used in the same month in 2013.
(54) Each urban water supplier whose average July -September 2014 R-GPCD
was 80 or more but less than 95 shall reduce its total potable water production by 16
percent for each month as compared to the amount used in the same month in 2013.
(65) Each urban water supplier whose average July -September 2014 R-GPCD
was 95 or more but less than 110 shall reduce its total potable water production by 20
percent for each month as compared to the amount used in the same month in 2013.
(76) Each urban water supplier whose average July -September 2014 R-GPCD
was 110 or more but less than 130 shall reduce its total potable water production by
24 percent for each month as compared to the amount used in the same month in 2013.
(97) Each urban water supplier whose average July -September 2014 R-GPCD
was 130 or more but less than 170 shall reduce its total potable water production by
28 percent for each month as compared to the amount used in the same month in 2013.
(38) Each urban water supplier whose average July -September 2014 R-GPCD
was 170 or more but less than 215 shall reduce its total potable water production by
32 percent for each month as compared to the amount used in the same month in 2013.
(499) Each urban water supplier whose average July -September 2014 R-GPCD
was 215 or more shall reduce its total potable water production by 36 percent for each
month as compared to the amount used in the same month in 2013.
(d)(1) Beginning June 1, 2015, each urban water supplier that does not submit a
self -certification in compliance with section 864.5 shall comply with the conservation
standard specified in subdivision (c), with any modifications to the conservation standard
pursuant to subdivision (f) applying beginning March 1, 2016.
(2) Compliance with the requirements of this subdivision shall be measured
monthly and assessed on a cumulative basis through Oete er- 20 6Januar2017.
(e)(1) Each urban water supplier that provides potable water for commercial
agricultural use meeting the definition of Government Code section 51201, subdivision
(b), may subtract the amount of water provided for commercial agricultural use from its
potable water production total, provided that any urban water supplier that subtracts any
water provided for commercial agricultural use from its total potable water production
shall:
(A) Impose reductions determined locally appropriate by the urban water supplier,
after considering the applicable urban water supplier conservation standard specified in
subdivision (c), for commercial agricultural users meeting the definition of Government
Code section 51201, subdivision (b) served by the supplier;
(B) Report its total potable water production pursuant to subdivision (b)(2) of this
section, the total amount of water supplied for commercial agricultural use, and shall
identify the reduction imposed on its commercial agricultural users and each recipient of
potable water for commercial agricultural use;
(C) Certify that the agricultural uses it serves meet the definition of Government
Code section 51201, subdivision (b); and
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(D) Comply with the Agricultural Water Management Plan requirement of
paragraph 12 of the April 1, 2015 Executive Order for all commercial agricultural water
served by the supplier that is subtracted from its total potable water production.
(2) Submitting any information pursuant to subdivision (e)(1)(B) or (C) of this
section that is found to be materially false by the Board is a violation of this regulation,
punishable by civil liability of up to five hundred dollars ($500) for each day in which the
violation occurs. Every day that the error goes uncorrected constitutes a separate
violation. Civil liability for the violation is in addition to, and does not supersede or limit,
any other remedies, civil or criminal.
(f) In consideration of the differences in climate affecting different parts of the
state, growth experienced by urban areas and significant investments that have been made
by some suppliers towards creating new, local, drought -resilient sources of potable water
supply, an urban water supplier's conservation standard identified in subdivision (c) shall
be reduced by an amount, not to exceed eight (8) percentage points total, as follows:
(1) For an urban water supplier whose service area evapotranspiration (ETo) for
the months of July through September exceeds the statewide average evapotranspiration,
as determined by the Board, for the same months by five (5) percent or more, the
supplier's conservation standard identified in subdivision (c) shall be reduced:
(A) By two (2) percentage points if the supplier's service area evapotranspiration
exceeds the statewide average by five (5) percent or more but less than ten (10) percent;
(B) By three (3) percentage points if the supplier's service area evapotranspiration
exceeds the statewide average by ten (10) percent or more but less than twenty (20)
percent;
(C) By four (4) percentage points if the supplier's service area evapotranspiration
exceeds the statewide average by twenty (20) percent or more.
(D) Statewide average evapotranspiration is calculated as the arithmetic mean of
all urban water suppliers' service area default evapotranspiration values for the months of
July through September. Default service area evapotranspiration will be based on the
California Irrigation Management System (CIMIS) ETo Zones Map zone for which the
supplier's service area has the greatest area of overlap. In lieu of applying its default
service area evapotranspiration, a supplier may use specific data from CIMIS stations
within its service area that have at least a five-year period of record, or a three year
continuous period of record, to identify a more specifically -applicable evapotranspiration
for its service area. If no CIMIS station exists within the supplier's service area, a
weather station of comparable accuracy, meeting the preceding period of record
requirements, may be used. To qualify for the in -lieu climate adjustment, the supplier
shall submit the following data to the Board by March 15, 2016 for each station: station
ID; station location; and monthly average evapotranspiration, in inches per month, for
July, August, and September for either the five-year period of record or the three-year
continuous period of record.
(2) To account for water efficient growth experienced in the state since 2013,
urban water suppliers' conservation standards shall be reduced by the product of the
percentage change in potable water production since 2013 and the percentage reduction
in potable water use required pursuant to subdivision (c), rounded to the nearest whole
percentage point. Change in potable water production since 2013 shall be calculated as
the sum of the following:
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(A)The number of additional permanent residents served since January 1, 2013,
multiplied by the average residential water use per person for that supplier's service area
during the months of February through October, 2015, in gallons; and
(B) The number of new commercial, industrial and institutional connections since
January 1, 2013, multiplied by the average commercial, industrial and institutional water
use per connection for that supplier's service area during the months of February through
October, 2015, in gallons.
(C) To qualify for the growth credit the supplier shall submit to the Board the
following data by March 15, 2016: the number of additional permanent residents served
since January 1, 2013 and the number of new commercial, industrial and institutional
connections since January 1, 2013.
(3) For an urban water supplier that supplies, contracts for, or otherwise
financially invests in, water from a new local, drought -resilient source of supply, the use
of which does not reduce the water available to another legal user of water or the
environment, the conservation standard identified in subdivision (c) shall be reduced:
(A)By one (1) percentage point if the supplier's qualifying source of supply is
one (1) percent or more but less than two (2) percent of the supplier's total potable water
production;
(B) By two (2) percentage points if the supplier's qualifying source of supply is
two (2) percent or more but less than three (3) percent of the supplier's total potable
water production;
(C) By three (3) percentage points if the supplier's qualifying source of supply is
three (3) percent or more but less than four (4) percent of the supplier's total potable
water production;
(D) By four (4) percentage points if the supplier's qualifying source of supply is
four (4) percent or more but less than five (5) percent of the supplier's total potable water
production;
(E) By five (5) percentage points if the supplier's qualifying source of supply is
five (5) percent or more but less than six (6) percent of the supplier's total potable water
production;
(F) By six (6) percentage points if the supplier's qualifying source of supply is six
(6) percent or more but less than seven (7) percent of the supplier's total potable water
production;
(G) By seven (7) percentage points if the supplier's qualifying source of supply is
seven (7) percent or more but less than eight (8) percent of the supplier's total potable
water production;
(H) By eight (8) percentage points if the supplier's qualifying source of supply is
eight (8) percent or more of the supplier's total potable water production.
(I) To qualify for this reduction the supplier must certify, and provide
documentation to the Board upon request demonstrating, the percent of its total potable
water production that comes from a local, drought -resilient source of supply developed
after 2013, the supplier's investment in that local, drought -resilient source of supply, and
that the use of that supply does not reduce the water available to another legal user of
water or the environment. To qualify for this reduction an urban water supplier shall
submit the required certification to the Board by March 15, 2016.
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(J) Certifications that do not meet the requirements of subdivision (f)(3)(I),
including certifications for which documentation does not support that the source of
supply is a local, drought -resilient source of supply, the use of which does not reduce the
water available to another legal user of water or the environment, will be rejected.
Submitting a certification or supporting documentation pursuant to subdivision (f)(3)(1)
that is found to be materially false by the Board is a violation of this regulation,
punishable by civil liability of up to five hundred dollars ($500) for each day in which the
violation occurs. Every day that the error goes uncorrected constitutes a separate
violation. Civil liability for the violation is in addition to, and does not supersede or limit,
any other remedies, civil or criminal.
(4) No urban water supplier's conservation standard pursuant to this section shall
drop below eight (8) percent as a consequence of the reductions identified in this
subdivision.
fes.
(g)M To prevent waste and unreasonable use of water and to promote water
conservation, each distributor of a public water supply that is not an urban water supplier
shall takeoneor- moreoft e following .,,bons:
(1) Provide prompt notice to a customer whenever the supplier obtains
information that indicates that a leak may exist within the end -user's exclusive control;
and
(2)
shalom Submit a report by December 15, 2016, on a form provided by
the Board, that eithe,. rfifms eemplianee with subdivision (g)(1)( ' er identifies total
potable water production, by month, from December, 2015 through November,
2016, -and total potable water production, by month, for the same months in 2013, and
any actions taken by the supplier to encourage or require its customers to conserve water.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 275,
350, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board
(2014) 226 Cal.App.4th 1463.
Sec. 866. Additional Conservation Tools.
(a)(1) 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 864.5 or section 865 the Executive Director, or the Executive Director's designee,
may issue conservation orders requiring additional actions by the supplier to come into
compliance with its conservation standard.
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(2) A decision or order issued under this article 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.
(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 than a water supplier subject to section
864.5 or 865, to submit additional information relating to water production, water use or
water conservation. 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.
(c) Orders issued under previous versions of this subdivis-ie section shall remain
in effect and shall be enforceable as if adopted under this version. Changes in the
requirements of this article do not operate to void or excuse compliance with orders
issued before those requirements were changed.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 100, 102, 104, 105,
174, 186, 187, 275, 350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code;
Light v. State Water Resources Control Board (2014) 226 Cal.AppAth 1463.
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