HomeMy WebLinkAboutStaff Report 5.A 9/8/2014(i)
DATE
TO:
1WW"O
September 8, 2014
Honorable Mayor and Members of the City Council through City Manager
Dan St. John, F.ASCE — Director, Public Works and Utilities
Leah Walker — Environmental Services Manager
SUBJECT: Resolution Authorizing the City Manager to Implement the City's Water Shortage
Contingency Plan, Stage 1 as Amended, as Mandated by the State Water
Resources Control Board within the Area Served by the City of Petaluma Public
Water System and Repeal and Replace Resolution No. 2014-045
RECOMMENDATION
It is recommended that the City Council Approve a Resolution to Implement of the City's Water
Shortage Contingency Plan, Stage 1 as Amended herein, as Mandated by the State Water
Resources Control Board (SWRCB) within the Area served by the City of Petaluma Public
Water System and Repeal and Replace Resolution No. 2014-045.
BACKGROUND
On January 17, 2014, Governor Brown declared a drought state of emergency. On February 3,
2014 the Water Advisory Committee (WAC) of the Sonoma County Water Agency (SCWA)
adopted a resolution supporting Governor Brown's drought proclamation. The City of Petaluma,
on March 3, 2014, adopted Resolution No 2014-045 "Declaring a Water Shortage Emergency
and Implementation of Stage I of the City's Water Shortage Contingency Plan". Stage 1
customer mandates include: hose -end shut-off nozzles required on all garden and utility hoses;
water served in restaurants on request only; and pavement wash down only allowed for health
and safety purposes. These mandates were in addition to municipal code requirements. Chapter
15.17 prohibits use of potable water for washing hard surfaces by direct hosing without a shut-
off nozzle, except for health and safety reasons, for irrigation that results in runoff or over -spray,
for washing cars without a shutoff nozzle and for use in water features without recirculation.
On April 25, 2014 the Governor signed an Executive Order calling on the State to redouble
drought actions. Among other things, the Executive Order provides that: "The Water Board shall
direct urban water suppliers that are not already implementing drought response plans to limit
outdoor irrigation and other wasteful water practices such as those identified in this Executive
Agenda Review:
Cite Attorney Finance Director Cite Nvlanager��i
Order. The Water Board was directed to adopt emergency regulations as it deems necessary,
pursuant to Water Code section 1058.5, to implement the Governor's directive."
Water Code section 1058.5 grants the SWRCB 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."
On May 23, 2014 the SWRCB surveyed more than 400 urban water suppliers to ascertain the
degree and effectiveness of their urban water conservation actions. The State Water Board held a
board meeting on June 17, 2014, which was attended by the City Water Conservation
Coordinator, to receive an update on the survey results and descriptions of urban water
conservation efforts being carried out by urban water suppliers. The survey indicated that water
conservation efforts state-wide had not produced the reductions targeted in the Governor's
January declaration.
On July 15, 2014, the SWRCB adopted a resolution enacting emergency regulations adding
Article 22.5, Section 863, 864 and 865, to Title 23 of the California Code of Regulations. Key
provisions of the proposed emergency regulations prohibit certain outdoor water use practices
and require urban water suppliers to implement "the stage of its water shortage contingency plan
that imposes mandatory restrictions on outdoor irrigation of ornamental landscapes or turf with
potable water." In addition, water suppliers with 3,000 or more service connections must
provide monthly data on water production.
The regulations specifically prohibit the following activities except where necessary to address
an irmnediate health and safety need or to comply with a terns or condition in a permit issued by
a state or federal agency:
• 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;
• 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;
• The application of potable water to driveways and sidewalks; and
• The use of potable water in a fountain or other decorative water feature, except where the
water is part of a recirculating system.
The regulations also specify that the taking of any action prohibited in the regulations, in
addition to any other applicable civil or criminal penalties, is an infraction ptmishable by the
State, by a fine of up to five hundred dollars ($500) for each day in which the violation occurs by
the State. While the City is not required by the SWRCB action to adopt a similar fine structure,
on November 17, 2008. Council adopted a resolution updating the schedule of penalties for
administrative citations for violation of the Petaluma Municipal Code (PMC) that sets penalties
for first, second and third violations at $100, $500, and $1000, respectively.
The City Council adopted the Water Shortage Contingency Plan (WSCP) in 2011 with the Urban
Water Management Plan. The WSCP outlines four progressive stages to achieve water demand
reductions during a water supply shortage. Stage I was previously adopted by City Council
Resolution on March 3, 2014 calling for a community -wide effort to achieve 20% reduction in
water use.
DISCUSSION
The purpose of the recommended Council action is to assure compliance with the SWRCB's
recent Emergency Regulations. While staff believes that the Council's action in March with the
initial adoption of Stage I complies with the "letter of the law", the proposed action adds
important tools, time of day water restrictions, to the water conservation effort; and also sets an
end date to coincide with the SWRCB action.
The City and our "principle contractor" partners with the SCWA have achieved better
conservation results than seen elsewhere in California. Since adoption of Stage I in March in
response to the Governor's emergency declaration in January the City has recorded a year over
year reduction of 14.6% with monthly results of total rates purchased from SCWA plus pumped
from City wells as follows:
March
April
May
June
July
2014
2014
2014
2014
2014
-13%
-20%
I-19%
-6%
-15%
While these results fall short of our 20% goal, they represent a significant effort by our
community to meet the drought challenge especially considering that many of our citizens had
already taken critical steps to reduce water usage through the first two years of the current three
year drought. Petaluma and its SCWA partners are facing "demand hardening' where the nest
increment of conservation becomes increasingly difficult.
On July 15, 2014, the San Jose Mercury News reported the results of the S WRCB survey of
water purveyors' that compared the three year average of May water demands from 2011 thru
2013 to May 2014 demands. The statewide average reduction was in fact a 1% increase while
the Bay Area and North Coast regions reported decreases of 5% and 12%, respectively. hi
contrast, the City's May 2011 to 2013 average compared to May 2014 decreased 7%.
Nevertheless, given the severity of the drought, the City should increase its efforts, such as
implementing time of day irrigation restrictions and encouraging higher vigilance by staff and
citizens to achieve further reductions in water demand. In addition, staff has established
maximum limits to water haulers that fill trucks and trailers with potable water for use on
construction sites and other purposes to incentivize conservation. These limits are based on
historic needs and are intended to prevent the increase in usage by certain commercial haulers.
With adoption of the proposed resolution, the following mandatory restrictions to outdoor
irrigation and potable water use will be in place:
I . No irrigation of ornamental landscapes or turf with potable water between the hours of
8:00 a.m. and 7:00 p.m.
2. Hose -end shut off nozzles required on all garden and utility hoses to include washing
cars, boats, and trailers.
3. No application of potable water for washing down pavement by direct hosing without a
shutoff nozzle, except for health and safety including sanitation. Use of low flow
pressure washers is encouraged.
4. No runoff or overspray caused by outdoor irrigation.
5. No water used for non -recycling water features such as fountains.
6. Irrigation accounts cannot exceed allocated water budgets by more than twenty percent.
7. To remain consistent with the action taken by the SWRCB, the proposed resolution to re-
implement Stage 1 of the City's Water Shortage Contingency Plan would end (i.e.
"sunset") on April 25, 2015 unless Emergency Regulations are extended or ended earlier
by the SWRCB.
Items 2, 3, 4 and 5 are substantially the same requirements adopted by the State in the
Emergency Regulations. Item 1 sets further limits on outdoor irrigation as promoted by the
SWRCB. The City is proposing to go further than mandated by the State to set additional
requirements and increase awareness of the severity of the drought. This will increase the
likelihood that the City will achieve a 20% reduction in water demands.
Staff is stepping up a public information campaign in the following areas:
I. Circulating educational materials as bill inserts.
2. Providing technical support to customers.
3. Staffing information booths at fairs and other public venues.
4. Increased use of media with news releases.
5. Seel: voluntary reporting of potential water wasting from the public.
6. Enlist all City departments to report observed potential water wasting to the Water
Conservation Hotline and email portals.
7. Expand water conservation staff: a full-time Environmental Services Technician was
upgraded from part-time technician on July 1 to allow greater focus on water
conservation.
8. Initiate early morning monitoring to identify properties with irrigation water runoff.
9. Set specific water conservation goals for City's LAD landscape contractors and irrigation
accounts.
10. Continued participation with the Sonoma Marin Water Saving Partnership including:
"There's a Drought On, Turn the Tap Off" campaign featuring print, radio, movie ads;
public events at fair, workshops, and Town Hall meetings; and drought drive up events.
Specifically, staff has conducted the following outreach:
1. Direct Mailings: 3 posi cards sent to all customers begirming March 3014. Additional
post cards will be sent regularly throughout the drought period.
2. Message at this year's Sonoma -Marin fair display focused on the drought.
3. Monthly Argus ads began running in March 2014 and have continued.
4. Argas ads will increase to weekly beginning Sept 2014.
5. "Before the Movie" ads began ruining March 3014 and will continue.
4
6. Four public workshops have been conducted since March 2014 — each workshop attendee
was provided drought information and given ways to conserve water— approximately 230
attendees attended at the workshops.
7. Social media posts have included drought related messages — this effort will increase to
every Thursday effective immediately.
8. Signs at City parks being installed say "Please Tolerate our Thirsty Lawns During This
Period of Drought".
9. A drought banner will be displayed at D St., Kentucky St. and McDowell Shopping
Center when space is available.
Staff will exercise progressive enforcement of the mandatory irrigation restriction in accordance
with the 2008 resolution addressing administrative citation for violation of the PMC; and PMC
15.16.100, Enforcement and Fees, as follows:
1. Personal contact: Education and technical support provided. If no one is home, a door
hanger indicating the nature of the violation is provided. Customer is given 72 hours or
less as appropriate to mitigate violation.
2. If personal contact is not successful: Provide written notice of the violation including
date when correction must be complete. Copy of notice is sent by certified mail.
3. First violation under administrative penalty resolution: If correction not made in
accordance with written notice, apply fine of $100.
4. Second violation within 36 months under administrative penalty resolution: If correction
not made or recurrence of violation a fine of $500.
5. Third violation within 36 months under administrative penalty resolution: Fine of
$1,000.
6. In addition to issuing a notice of violations, if appropriate: Shut off water service until
verification of correction is made. Cost of shut off and turn on is an additional $60.
Note that the City's administrative fines are more onerous that those adopted by the SWRCB in
the Emergency Regulations.
The proposed action will meet Council Goal: "Plan for the future".
FINANCIAL IMPACTS
The financial impacts of implementing the Stage 1 plan, as amended include:
Reduction of revenue from commodity charges: For the four month period ending July
31. 2014, revenue was down 7.4 percent, a reduction of $338,440 over same period last
year. As a partial offset, the cost of purchasing water from SCWA decreased about
$285,000 during the same period. The net effect is approximately $10,600 per month net
of income to the Water Enterprise.
Increase resources: Implementation of Stage I as amended will require additional
administrative and environmental service technician time to deal with increased vigilance
related to higher demand for house calls, more water waste monitoring, additional mailers
to irrigation customers. and enforcement. While plans are still developing, staff expects
to spend an additional $40,000 for temporary labor, advertising, and consulting services
through the end of Stage 1, as amended, declaration.
The net fiscal impact of the proposed action is being calculated and appears to be within the
budget for the water conservation cost center of the water enterprise fund.
ATTACHMENTS
1. Resolution
2. State Water Resources Control Board (SWRCB) July 15, 2014 Resolution and Emergency
Regulations
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE
CITY'S WATER SHORTAGE CONTINGENCY PLAN, STAGE 1 AS AMENDED, AS
MANDATED BY THE STATE WATER RESOURCES CONTROL BOARD WITHIN
THE AREA SERVED BY THE CITY OF PETALUMA PUBLIC WATER SYSTEM AND
REPEAL AND REPLACE RESOLUTION NO. 2014-045
WHEREAS, the City of Petaluma is a City empowered to provide water service within
certain boundaries; and
WHEREAS, calendar year 2013 was the lowest rainfall year on record in 120 years; and
WHEREAS, due to this water supply shortage, a water shortage emergency exists and a
reduction in demand is required to ensure adequate supply in 2014 and beyond; and
WHEREAS, on January 17, 2014 Gov. Edmund G. Brown, Jr. declared a drought state
of emergency and directed state and local officials to take all necessary actions to conserve
water: and
WHEREAS, the Restructured Agreement for Water Supply, executed on June 23, 2006,
by and between the Sonoma County Water Agency (SCWA), the Cities of Cotati, Petaluma,
Rolmert Park, Santa Rosa, and Sonoma, the North Marin and Valley of the Moon Water Districts
and the Town of Windsor, collectively known as the Water Contractors, created the Water
Advisory Committee and Technical Advisory Committee; and
WHEREAS, the Water Contractors, along with SCWA and Marin Municipal Water
District, are members of the Sonoma -Marin Saving Water Partnership, through which these
members have joined together to provide a regional approach to water use efficiency; and
WHEREAS, on February 3, 2014, the Water Advisory Committee of the SCWA
approved a Resolution supporting the Sonoma Marin Saving Water Partnership Efforts
and Governor Jerry Brown's Emergency Drought Declaration that includes seeking 20%
voluntary conservation and recommended that all principal SCWA contractors follow suit
with their respective governing boards; and
WHEREAS, on March 3, 2014, the City Council adopted Resolution No 2014-
045 "Declaring a Water Shortage Emergency and Implementation of Stage 1 of the City's
Water Shortage Contingency Plaui': and
WHEREAS, on April 25, 2014, Governor Edmund G. Brown Jr. issued an executive
order to strengthen the state's ability to manage water and habitat effectively in drought
conditions and called on all Californians to redouble their efforts to conserve water. The
executive order finds that the continuous severe drought conditions present urgent challenges
across the state including water shortages in communities and for agricultural production,
increased wildfires, degraded habitat for fish and wildlife, threat of saltwater contamination, and
additional water scarcity if drought conditions continue into 2015. The National Integrated
Drought Information System reported that nearly 80% of the state was reported to be ander
"extreme" drought conditions at the end of June: and
WHEREAS, On July 15, 2014 the State Water Resources Control Board (SWRCB)
adopted Resolution No. 2014-0038 enacting Article 22.5, Sections 863, 864 and 865 to Title 23
of the California Code of Regulations, emergency regulations for mandatory statewide urban
water conservation that sets certain requirements for urban water suppliers to meet; and
WHEREAS, the City of Petaluma has satisfied the mandates of SWRCB Resolution No.
2014-0038 through its Water Conservation Ordinance that prohibits water waste for all water use
classifications and implementation of Stage 1 of the City's Water Shortage Contingency Plan,
which establishes a 20% reduction target in water use by all customers served by the City's
potable water distribution system; and
WHEREAS, the City of Petaluma has adopted a resolution updating the schedule of
penalties for administrative citations for violations of the Petaluma Municipal Code including
violation of the Water Conservation Ordinance; and
WHEREAS, the City of Petaluma has the authority and responsibility to adopt water
demand reduction measures within its area of service; and
NOW, THEREFORE, BE IT RESOLVED that the City Council declares that under
the current water shortage conditions, a water shortage emergency continues to exist and in order
to satisfy the water conservation goal of SWRCB Resolution No. 2014-0038 and Sections 863,
864 and 865 to Title 23 of the California Code of Regulations, all requirements and actions of
Stage 1 of the City's Water Shortage Contingency Plan will be immediately re -implemented as
amended as follows:
1. Resolution No. 2014-045 is hereby repealed and replaced with this Resolution.
2. Under the current water shortage conditions, a water shortage emergency exists and Stage
1 of the City's Water Shortage Contingency Plan shall be implemented immediately, with
the following amendments:
a. Stage 1 shall establish a water demand reduction goal of 20 percent; and
b. Stage 1 shall include a mandate to limit irrigation to the hours of 7:00 p.m. to 8:00
a.m. for all customers.
c. Stage 1, as amended, shall remain in effect until the SWRCB determines that the
Emergency Regulations are no longer necessary due to changed conditions or
unless it renews the regulations due to continued drought. In the absence of this,
the Stage 1, as amended, declaration ends on April 25, 2015.
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2014-0038
TO ADOPT AN EMERGENCY REGULATION
FOR STATEWIDE URBAN WATER CONSERVATION
WHEREAS:
Attachment 2
On April 25, 2014, Governor Edmund G. Brown Jr. issued an executive order to
strengthen the state's ability to manage water and habitat effectively in drought
conditions and called on all Californians to redouble their efforts to conserve water. The
executive order finds that the continuous severe drought conditions present urgent
challenges across the state including water shortages in communities and for agricultural
production, increased wildfires, degraded habitat for fish and wildlife, threat of saltwater
contamination, and additional water scarcity if drought conditions continue into 2015.
The National Integrated Drought Information Svstem reported that nearly 80% of the
state was reported to be under "extreme" drought conditions at the end of June;
2. The executive order refers to the Governor's Proclamation No. 1-17-2014, issued on
January 17, 2014, declaring a State of Emergency to exist in California due to severe
drought conditions. The January Proclamation notes that the state is experiencing
record dry conditions, with 2014 projected to become the driest year on record. Since
January, state water officials indicate that reservoirs, rainfall totals and the snowpack
remain critically low. This follows two other dry or below average years, leaving
reservoir storage at alarmingly low levels. The January Proclamation highlights the
State's dry conditions, lack of precipitation and the resulting effects on drinking water
supplies, the cultivation of crops, and the survival of animals and plants that rely on
California's rivers and streams. The January Proclamation also calls on all Californians
to reduce their water usage by 20 percent;
3. There is no guarantee that winter precipitation will alleviate the drought conditions that
the executive orders address, which will lead to even more severe impacts across the
state if the drought wears on;
4. 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";
5. Over 400,000 acres of farmland are expected to be fallowed, thousands of people may
be out of work, communities risk running out of drinking water, and fish and wildlife will
suffer.
6. Many Californians have taken bold steps over the years and in this year to reduce water
use; nevertheless, the dire nature of the current drought requires additional conservation
actions from residents and businesses. Some severely affected communities have
implemented water rationing, limiting water use in some cases to only 50 gallons per
person per day, foregoing showers, laundry, toilet flushing, and all outdoor watering.
7. Water conservation is the easiest, most efficient and most cost effective way to quickly
reduce water demand and extend supplies into the next year, providing flexibility for all
California communities. Water saved this summer is water available next year, giving
water suppliers the flexibility to manage their systems efficiently. The more water that is
conserved now, the less likely it is that a community will experience such dire
circumstances that water rationing is required ;
8. Most Californians use more water outdoors than indoors. In many areas, 50 percent
or more of daily water use is for lawns and outdoor landscaping. Outdoor water use
is generally discretionary, and many irrigated landscapes would not suffer greatly from
receiving a decreased amount of water;
9. Public information and awareness is critical to achieving conservation goals and the
Save Our Water campaign, 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
(htto://saveourwater. com).
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. The emergency regulations set a minimum standard requiring only modest lifestyle
changes across the state. Many communities are already doing more and have been for
years. They should be commended, but can and should do more. Others are not yet
doing so and should at least do this, but should do much more given the severity of the
drought;
12. On July 8, 2014, the State Water Board issued public notice that the State Water Board
would consider the adoption of the regulation at the Board's regularly -scheduled
July 15, 2014 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;
13. On April 25, 2014, the Governor suspended the California Environmental Quality Act's
application to the State Water Board's adoption of emergency regulations pursuant to
Water Code section 1058.5 to prevent the waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion of water, to promote water recycling
or water conservation;
14. As discussed above, the State Water Board is adopting the emergency regulation
because of emergency drought conditions, the need for prompt action, and current
limitations in the existing enforcement process;
15. Disadvantaged communities may require assistance in increasing water conservation
and state agencies should look for opportunities to provide assistance in promoting
water conservation;
16. Nothing in the regulations or in the enforcement provisions of the regulations, preclude 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 regulations adopted by this resolution and local agencies retain their
enforcement discretion in enforcing the regulations, 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, sections 863,
864, and 865, as appended to this resolution as an emergency regulation;
2. The State Water Board staff will 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 CAL
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;
4. These regulations shall remain in effect for 270 days 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 regulations due to
continued drought conditions as described in Water Code section 1058.5;
5. The State Water Board directs staff to provide the Board with monthly updates on the
implementation of the emergency regulations and their effect;
6. Directs State Water Board staff to condition funding upon compliance with the
emergency regulations, to the extent feasible;
7. 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
regulations; and
8. Directs State Water Board staff in developing an electronic reporting portal to include
data fields so that local agencies may provide monthly reporting data on (i) conservation -
related implementation measures or enforcement actions taken by the local agency and
(ii) substitution during the drought of potable water with recycled water to extend water
supplies.
THEREFORE BE IT FURTHER RESOLVED THAT:
9. The State Water Board commends water suppliers that have increased conservation
messaging and adopted innovative strategies to enhance customer awareness of water
use, such as applications that let customers compare their water use to water use by
others; reduce system losses, such as fixing system leaks which can deplete supplies by
10 percent or more; and establish incentives to reduce demand, such as tiered or
drought rate structures. The State Water Board also commends all Californians that
have already been working to maximize their conservation efforts, both at home and at
work;
10. The State Water Board calls upon water suppliers to take the following actions:
Educate customers and employees
• Retail water suppliers should provide notice of the regulations in English and
Spanish in one or more of the following ways: newspaper advertisements, bill inserts,
website homepage, social media, notices in public libraries;
• Wholesale suppliers should include reference to the regulations in their customer
communications;
• All water suppliers should train personnel on the regulations;
• All water suppliers should provide signage where recycled or reclaimed water is
being used for activities that the emergency regulations prohibit with the use of
potable water, such as operation of fountains and other water features;
• All water suppliers should redouble their efforts to disseminate information regarding
opportunities and incentives to upgrade indoor fixtures and appliances;
• All water suppliers should use education and the tools available through the Save
Our Water website (httD://saveourwater.com); and
• All water suppliers should educate and prepare their boards and councils on the
drought response actions contained in the emergency regulations and in this
resolution, and to make sure that drought response items are placed on agendas as
early as possible;
Increasing local supplies
• All water suppliers should accelerate the completion of projects that will conserve
potable water by making use of non -potable supplies, such as recycled water,
"greywater," and stormwater collection projects;
• All water suppliers should improve their leak reporting and response programs and
request that police and fire departments and other local government personnel report
leaks and water waste that they encounter during their routine duties/patrols;
• Smaller water suppliers — those with fewer than 3,000 service connections — should
take proactive steps to secure their communities' water supplies and educate their
customers about water conservation and the status of their supply reserves;
• All water suppliers should conduct water loss audits and make leak detection and
repair a top priority for the duration of the drought; and
• All urban water suppliers should evaluate their rate structures and begin to
implement needed changes as part of planning for another dry year. Information and
assistance on setting and implementing drought rates is available from the Alliance
for Water Efficiency. (httD://www.alli@nceforwatereffciencv.oro/).
12
11. The State Water Board calls on all Californians to take the following additional actions:
• Further reduce water demand, whether by using less water in daily routines indoors
and out, retrofitting appliances and installing greywater and rainwater catchment
systems; and
• Check residential and business water bills to see if there are high charges that may
indicate a leak and to fix the leak, if they are able, or contact their local water utility if
they need assistance.
12. The State Water Board encourages its staff, the Department of Water Resources, the
Public Utilities Commission, urban water suppliers, and other local agencies to look for
opportunities to encourage and promote new technologies that reduce water usage,
including through timely access to water usage information and behavioral response.
13. The State Water Board encourages all state and local agencies to look for additional
opportunities to minimize potable water use in outdoor spaces.
14. The State Water Board encourages investor-owned utilities to expeditiously submit
applications for implementation of the regulations to the California Public Utilities
Commission.
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 July 15, 2014.
AYE:
Chair Felicia Marcus
Vice Chair Frances Spivy-Weber
Board Member Steven Moore
Board Member Dorene D'Adamo
NAY:
None
ABSENT:
Board Member Tam M. Doduc
ABSTAIN:
None
2n uq p- ! nA
Jeani,ny Townsend
Clerk`tb the Board
13
PROPOSED TEXT OF EMERGENCY REGULATIONS
Article 22.5. Drought Emereencv Water Conservation
Sec. 863 Findimes of Droueht Emereencv
(a) The State Water Resources Control Board finds as follows:
(I ) On January 17. 2014. the Governor issued a proclamation of a state of
emereencv under the California Emereencv Services Act based on droueht conditions:
(2) On ADril 25. 2014, the Governor issued a oroclamation of a continued state of
emeraencv under the California Emereencv Services Act based on continued drone_ ht
conditions:
(3) The droueht conditions that formed the basis of the Governor's emer_eencv_
proclamations continue to exist:
(4) The present year is critically dry and has been immediately Dreceded by two or
more consecutive below normal. drv. or critically dry years: and
(5) The droueht conditions will likely continue for the foreseeable future and
additional action by both the State Water Resources Control Board and local water
suoDliers will likely be necessary to further Dromote conservation.
Authority: Wat. Code. 6 1058.5.
References: Wat. Code. 66 102. 104. 105.
Sec. 864 Prohibited Activities in Promotion of Water Conservation
(a) To Dromote water conservation, each of the followine actions is orohibited,
extent where necessary to address an immediate health and safety need or to comply with
a term or condition in a Dermit issued by a state or federal aeenev:
(1) The aonlication of notable water to outdoor landscapes in a manner that causes
runoff such that water flows onto adjacent Droperiv. non-irrieated areas, orivate and
public walkways. roadways. Darkine lots. or structures:
(2) The use of a hose that dispenses notable water to wash a motor vehicle, extent
where the hose is fitted with a shut-off nozzle or device attached to it that causes it to
cease disoensine water immediately when not in use:
(3) The application of notable water to driveways and sidewalks: and
(4) The use of notable water in a fountain or other decorative water feature.
except where the water is Dart of a recirculatine_ system.
(b) The takine of any action nrohibited in subdivision (a) of this section, in
addition to any other aonlicable civil or criminal Denalties. is an infraction, punishable by
a fine of uo to five hundred dollars ($500) for each day in which the violation occurs.
Authority: Wat. Code. 6 1058.5.
References: War. Code, 66 102. 104, 105.
14
PROPOSED TEXT OF EMERGENCY REGULATIONS
Sec. 865 Mandatory Actions by Water SUDDliers
(a) The term "urban water suoolier." when used in this section, refers to a sunnlier
that meets the definition set forth in Water Code section 10617, except it does not refer to
stmoliers when they are functioning solely in a wholesale canacity. but does an_ _olv_ to
sunDliers when they are functioning in a retail caoacity.
(b)(1) To promote water conservation. each urban water suoolier shall implement
all requirements and actions of the stage of its water shortage contingency Man that
imposes mandatory restrictions on outdoor irrigation of ornamental landsca_oes or turf
with notable water.
(2) As an alternative to subdivision (b)(1). an urban water sunnlier may submit a
request to the Executive Director for ancroval of an alternate clan that includes
allocation -based rate structures that satisfies the requirements of chaoter 3.4
(commencing with section 370) of division 1 of the Water Code. and the Executive
Director may anorove such an alternate Dian upon determining that the rate structure, in
coniunction with other measures. achieves a levet of conservation that would be su_oerior
to that achieved by implementing limitations on outdoor irrigation of ornamental
landscapes or turf with notable water by the nersons it serves to no more than two days
per week.
(c) To promote water conservation, each urban water suDolier that does not have a
water shortage contingency clan or has been notified by the Department of Water
Resources that its water shortage contingency clan does not meet the requirements of
Water Code section 10632 shall, within thirty (30) days. limit outdoor irrigation of
ornamental landscanes or turf with notable water by the persons it serves to no more than
two days Der week or shall implement another mandatory conservation measure or
measures intended to achieve a comparable reduction in water consume_ tion by the
Dersons it serves relative to the amount consumed in 2013.
(d) In furtherance of the promotion of water conservation each urban water
suDDlier shall prepare and submit to the State Water Resources Control Board by the 15°i
of each month a monitoring renort on forms provided by the Board. The monitoring
renort shall include the amount of notable water the urban water suoolier 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.
Beginning October 15 ?0.14, the monitoring renort shall also estimate the gallons of
water Der person Der day used by the residential customers it serves. In its initial
monitoring report. each urban water suoolier shall state the number of Dersons it serves.
(e) To Dromote water conservation, each distributor of a public water stmoly, as
defined in Water Code section 350. that is not an urban water sunnlier shall. within thirty_
(30) days. take one or more of the following actions:
(1) Limit outdoor irrigation of ornamental landscanes or turf with o_ otable water
by the nersons it serves to no more than two days Der week: or
(2) Implement another mandatory conservation measure or measures intended to
achieve a comparable reduction in water constnnDtion by the persons it serves relative to
the amount consumed in 2013.
Authority: Wat. Code. 6 1058.5.
References: Wat. Code. U 102. 104. 105: 350: 10617: 10632.
15