HomeMy WebLinkAboutRegulatory Advisory/FactsREGULATORY
ADVISORY
State Board Adopts Emergency Regulations
on
Urban Water Conservation
The State Water Resources Control Board adopted emergency regulations today that
prohibit certain outdoor water uses and require urban water agencies to implement
mandatory outdoor water use restrictions under their water shortage contingency plans.
The regulations also require urban water agencies to report monthly water production data
and, beginning Oct. 15, to provide an estimate of the gallons of water used per person per
day (GPCD) in their service areas.
The regulations are expected to take effect as early as Aug. 1, though State Board members
acknowledged that some water agencies may need more time to take formal action at the
local level to make their local measures consistent with the regulations.
The State Board acted on the regulation after a daylong meeting in which water agencies,
associations and others provided comments. How the regulations would be enforced and
whether agencies should be required to report estimated GPCD were key topics of
discussion, with ACWA and others suggesting changes to proposed regulations.
ACWA Deputy Executive Director for Government Relations Cindy Tuck said in her remarks
that ACWA is pleased the State Board is taking decisive action to help address the
deepening drought, but would like to see changes to ensure that enforcement is handled at
the local level, and that the regulations would not affect or limit a water supplier's existing
enforcement authority.
Board members noted on the record that their intent is that prohibitions on certain activities
will be enforced at the local level. They decided, however, not to foreclose the possibility of
enforcement at the state level. Pursuant to ACWA's suggestion, the State Board did
include language clarifying that the regulations do not preclude agencies from exercising
their own authorities locally.
ACWA also suggested that the State Board delete the requirement that water agencies
report estimated GPCD each month due to the difficulty in developing accurate data. After
lengthy discussion, the State Board agreed that the GPCD reporting requirement should be
delayed to allow the Department of Water Resources to develop additional guidance on how
GPCD should be calculated.
The final regulation was modified to specify that the GPCD reporting requirement would not
take effect until Oct. 15. DWR staff committed at the State Board meeting to complete the
GPCD guidance before this date.
Language also was added to clarify that the regulations do not apply to wholesale water
suppliers and to specify that the prohibition on outdoor water use on hardscapes does not
apply to the use of water to wash solar panels. Both issues were raised by ACWA in its
comment letter.
ACWA's written comments are available here.
The final regulations prohibit the following outdoor water uses:
• The direct application of potable water to driveways and sidewalks.
• Watering of outdoor landscapes that cause runoff to adjacent property, non -irrigated
areas, private and public walkways, roadways, parking lots or structures.
• Using a hose to wash a vehicle, unless the hose is fitted with a shut-off nozzle.
• Using potable water in a fountain or decorative water feature, unless the water is
recirculated.
State Board staff indicated the final regulatory package will be submitted to the Office of
Administrative Law, which has 10 days to approve it. Staff expects the regulations to go into
effect on or about Aug. 1.
State Board staff will be posting the final documents within the next few days and will notify
the public when they hear from the Office of Administrative Law that the package has been
approved.
Staff also indicated they will prepare materials to help water agencies communicate with
their customers.
Notification of a Drought Alert Condition
and Declare Supply Enhancement Stage of Water Shortage
and Drought Response Plan
;EP Ti-Ji
HEL.P SALIE LIJATEf-`.
Presented by:
Ken Weinberg, Director of Water Resources
Dana Friehauf, Acting Water Resources Manager
Water Planning Committee
July 24, 2014
Today's Agenda and Actions
1. State Water Board Emergency Regulation For Statewide
Urban Water Conservation
2. Relation to preparing for potentially dry 2015
3. Water Authority actions required to support member
agency drought management
• Moving to mandatory water use
restrictions under regional Model
Drought Response Ordinance
• Declaring a Supply Enhancement
Stage under the Water Shortage and
Drought Response Plan
z
1
Governor Declares Drought Emergency
Water Authority takes Appropriate First Step
• Governor's January 2014 proclamation
calls for increased voluntary conservation
and implementation of shortage
contingency plans seeking statewide
savings of 20%
• February 2014 Board actions on drought response
1. Activate the Water Authority's Water Shortage and Drought
Response Plan, Voluntary Stage
2. Notification of a Regional Drought Watch under Model
Ordinance, voluntary
3
April 2014 Governor Executive Order
Redouble State Drought Actions
• Strengthens call for all Californians to avoid wasting water
• Contains a number of directives aimed at state agencies
• State Water Resources Control Board directives
• Survey of urban agencies on actions
to reduce water use and effectiveness
of efforts
• Adopt emergency regulations as it
deems necessary to prevent the
waste and unreasonable use of water
Water Boards
4
2
3
v
d.
2
0
1
0
May 2014 - MWD Expects to take 1.1 MAF
(-50%) from storage reserves in 2014
MWD_Storage Reserves (End -of -Year Balances)
• Dry -Year Storage ■Emergency Storage
2.2
1.8
1.1
1.7
2.4
2.7
2.3
1.2
2006 2007 2008 2009 2010 2011 2012 2013 2014
Projected
Due to reduced storage reserves, MWD may allocate supplies in 2015 if
conditions continue to be dry.
Record Heat Causes Water Use Increase
Fiscal Year Potable Water Use in Water Authority Service Area
Acre -Feet
60,000
40,000
20,000
Jul Aug Sep Oct
Li Water Use FY13 (AF) w Water Use FY14 (AF)
FY 2014 was significantly
use was 3.5% higher.
1
Nov Dec Jan Feb Mar Apr May Jun
warmer than FY 2013 and potable water
6
3
Average Daily Maximum Temperature at
Lindbergh Field — Departure from Normal (°F)
8.0°F -
6.0
4.0
2.0
0.0
-2.0
Lr
`i Fiscal Year 2013 ■ Fiscal Year 2014
1
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
November —June of FY 2014 was 4°F warmer than normal.
May 2014 was 7.3°F warmer than normal.
ola, °.' go Cew.y *Wm, AWI.e,.ry
7
Percent Increase Above the Normal May
Average Daily Maximum Temperature for May
2014
12%
10%-
8%
6% -
4% •
2°fo
0%..
Sacramento San Jose
Salinas San Diego
h. San Diego's ADMT was significantly higher than other areas of the State.
4
Demonstrated Conservation Savings Since 2007
750r000 Total Potable Water Use in Water Authority Service Area
650,000
4.4
U.
• 550r000
a
450,000
350,000
2007 2008 2009 2010 2011 2012 2013
Fiscal Years
20%
22-month water Drop
shortage allocation
I I I2014
'I
SWRCB Emergency Regulations
• Emergency exists due to
ongoing severe drought
• Immediate action is needed to:
• Effectively increase urban water
conservation
• Preserve state's water supplies
• Remain in effect for 270 days
• Can be repealed by SWRCB due
to changed conditions
Dry fields and bare trees in
Central Valley
Lake Oroville JanuaryIn 1 e III
5
Water Waste Prohibitions
Following actions prohibited:
1. Watering of outdoor landscapes that
cause excess runoff
2. Using hose to wash motor vehicle,
without shut-off nozzle
3. Washing down driveways and
sidewalks
4. Use of potable water in fountains or water features
unless it is recirculating
(Except for health and safety purposes)
:.•,. Jr.pa C,L.I *&n IuIAo,.h
11
Mandatory Actions by Water Suppliers
Implement Mandatory Conservation Measures
• Requires all urban suppliers to implement Water
Shortage Contingency Plans at mandatory level
• Does not set a state-wide or regional percentage
• Potential for additional regulations if savings not demonstrated
• Suppliers without plans/or Tess than 3,000 connections
shall
• Limit outdoor irrigation to no more than 2 days/week, OR
• Implement measures to achieve a comparable conservation
action
• Requires retail agency monthly water production
reporting
Son Drove C.-N. Now ,LOme,,t.
12
6
Violations
1. Water waste prohibitions
• Local agency could fine up to $500/day
• Local agency retains enforcement discretion
2. Mandatory actions by water suppliers
• Subject to cease and desist orders with fines up to
$10,000/day
Goes into effect on or about August 1, 2014
6 v:....c. Cao#f M3'. A4Mnl.Ij
13
2008 Water Authority Drought Response
Model Ordinance
• Provide regional consistency
• Effective messaging to public and media
• Coordinate action among member
agencies
• Core water -use restrictions
• Prohibit wasteful water practices
• Progressive severity of restrictions
• All member agencies updated ordinances
• Vary slightly by local jurisdiction
• Majority of agencies' Drought Alert trigger based on Water
Authority notification
14
7
Water Authority Model Drought Response Ordinance
Condition
Key Measures
Drought
Watch
Voluntary
Water waste prohibitions
Stop washing down paved surfaces
Eliminate inefficient landscape watering (no runoff)
Drought
Alert
Mandatory
Up to 20%
Drought Watch restrictions apply
Limit watering time (10 min/station)
Assigned watering days (3 days — summer /1 day — winter)
Drought
Critical
Mandatory
Up to 40%
Drought Watch and Alert restrictions apply
Assigned watering days (2 days — summer/1 day — winter)
Restriction on issuance of meters
Establish customer water allocation
Drought
Emergency
Mandatory
Above 40%
Drought Watch, Alert and Critical restrictions apply
Prohibit landscape irrigation (with some exceptions)
IS
Water Authority Water Shortage and
Drought Response Plan Regional Stages
Stage Potential Trigger
Voluntary
Supply
Management
MWD has been experiencing shortages in its
imported water supply and is withdrawing water
from storage due to drought conditions to meet
demands
Supply
Entered into a prolonged drought where securing
Enhancement
Option
supplemental dry -year supplies is warranted to
minimize impacts due to potential or actual
shortages
Cutbacks and
Allocations
MWD is allocating supplies to its member agencies
and implementation of the Water Authority's
allocation methodology is required
(...4 1.. 16
8
Correlation between Regional Plan Stages and
Model Ordinance Levels
Plan Stage
Potential Drought
Response Level
Use Restrictions
Voluntary
Supply
Management
Drought Watch
Voluntary
Supply
Enhancement
Option
Drought Alert
Mandatory
Cutbacks and
Allocations
Drought Alert
Mandatory
Drought Critical
Mandatory
Drought Emergency
Mandatory
6:a. O... Coo:ry Wo,.i .4.M..r.q
Basis for Staff Recommendation
• Metropolitan will need to withdraw —5O% of its storage
reserves in 2014
• Critical to preserve storage reserves should dry
conditions continue through 2015 and beyond
• Continued above average temperatures could influence
water use
• 19 member agencies' ordinances require4r
Water Authority notification to comply '
with SWRCB emergency regulations
• If supplemental supplies available in 2015
be prepared to consider acquiring
Water Authority o _w
Member Agencies 18
9
Revised Staff Recommendation
1. Approve notification to the Water Authority member
agencies of a Drought Alert condition, which under
the Model Drought Ordinance includes mandatory
water use restrictions; and
2, Declare implementation of Supply Enhancement
Stage of the San Diego County Water Authority's
Water Shortage and Drought Response Plan.
Staff will monitor improved supplemental supply availability
and, pending water supply conditions, will identify potential
water transfer opportunities in preparation for 2015.
• Includes assessment of extracting Central Valley
groundwater storage reserves
4 rar. .... Cowry Wolf •L.d'O�F
19
10
ITEM 4B.
W%tet Boards
Fact Sheet
The State Water Board to Consider Proposed
Emergency Water Conservation Regulations
On January 17 Governor Edmund G. Brown Jr. issued a drought emergency proclamation
following three dry or critically dry years in California. Extreme drought now covers nearly 80
percent of the state and these conditions will likely continue into the foreseeable future.
More than, 400,000 acres of farmland are expected to be (allowed, thousands of people may be
out of work, communities risk running out of drinking water and fish and wildlife species are in
jeopardy. Many communities are down to 50 gallons a day or Tess per person for basic sanitation
needs. With our inability to predict the effect of the next rainy season, water saved today can
improve a region's water security and add flexibility to systems that may need to withstand another
year or more with precipitation below average.
There are many ways to boost local water supplies such as recycling treated wastewater and
reusing some household or industrial water onsite. However, 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. In a survey conducted by the State
Water Board in June, while many communities have significantly reduced their water demand over
time, it is clear that more can be done.
Conservation Actions Needed
Because of these dire conditions and the need to conserve more, the State Water Resources
Control Board (State Water Board) is proposing that individuals and water agencies take
necessary steps to conserve water supplies both for this year and into 2015, and is recommending
that individuals and water agencies do even more voluntarily to manage our precious water
resources.
Most Californians use more water outdoors than indoors. In some areas, 50 percent or more of
our daily water use is for lawns and outdoor landscaping. Some urban communities have been
investing in conservation, particularly indoors, for years, but reducing the amount of water used
outdoors can make the biggest difference of all.
STATE WATER RESOURCES CONTROL BOARD
1001 1 Street SicramenIo. CA 951114 • *16-341 S2SI • MaleinI Addrsss: P 0. Fos 1110. Sacramento. CA 15112.0166 • www ralwboards ea goy
The proposed emergency conservation regulations are primarily directed at reducing outdoor
urban water use.
These emergency conservation measures target both individual water use, by identifying the
practices from which every Californian should abstain during this drought emergency, as well as
the steps that local water suppliers should be taking to reduce water demand in their service areas.
These restrictions set a minimum level of effort in this time of emergency and everyone should do
more voluntarily. As the drought wears on, the State Water Board may revisit these regulations
and consider other measures.
Temporary Water Restrictions
All Californians will be affected by the ongoing drought conditions in one form or another,
especially if these conditions persist or worsen in 2015. To promote water conservation statewide,
the emergency regulations would prohibit each of the following, except in case of health or safety
needs or to comply with a term or condition in a permit issued by a state or federal agency:
• The direct application of water to any hard surface for washing.
• Watering of outdoor landscapes that cause runoff to adjacent property, non -irrigated areas,
private and public walkways, roadways, parking lots or structures.
• Using a hose to wash an automobile, unless the hose is fitted with a shut-off nozzle.
• Using potable water in a fountain or decorative water feature, unless the water is
recirculated.
Violations of prohibited activities are considered infractions and are punishable by fines of $500 for
each day in which the violation occurs. Any employee of a public agency charged with enforcing
laws may write and issue a ticket to the violator.
Action by Urban Water Suppliers Required
To reduce water demand, the regulations would require urban water suppliers to implement their
Water Shortage Contingency Plans at a level that triggers mandatory restrictions on outdoor water
use. Almost all urban water suppliers (those with more than 3,000 water connections) have these
plans; about 40 of these larger agencies do not.
If an urban water supplier does not have a Water Shortage Contingency Plan or its Plan does not
meet the requirements of the water code, the supplier must, within 30 days, require customers to
limit outdoor irrigation to no more than two days per week or implement another mandatory
conservation measure to achieve a comparable reduction in water consumption by the people it
serves relative to the amount consumed in 2013.
2 July 10, 2014
',Amer EiuuikL
Fact Sheet
Water suppliers serving fewer than 3,000 connections must also, within 30 days, require customers
to limit outdoor irrigation to no more than two days per week or implement another mandatory
conservation measure to achieve a comparable reduction in water consumption by the people it
serves relative to the amount consumed in 2013.
Urban water suppliers that violate mandatory actions could be subject to cease and desist orders
for violating emergency regulations with fines up to $10,000 per day per violation. Or, the matter
could be referred to the Attorney General's office for further action.
Keeping Track of Urban Water Use
Each urban water supplier will keep track of its water use and compare it to the same period last
year. Reports that include the amount of potable water the supplier produced in the preceding
month and an estimate of gallons of water per person per day used by its customers
will be submitted to the State Water Board by the 15th of each month,
Looking Forward
The State Water Board is providing the following tips to water suppliers to educate their customers
about the new requirements:
• 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 all of their customer
communications;
• 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 train personnel on the regulations; and
• All water suppliers should set conservation targets, measure their service area's progress
and make this information available to their customers.
In addition to letting customers know about the new requirements, water suppliers should also:
• Have an easy way for customers to report leaks and water waste via phone or electronic
submittal (website form, or email); and
• Request that police and fire departments and other local government personnel report Teaks
and water waste they encounter during their routine duties/patrols
If drought conditions continue, additional actions by the State Water Board and local water
suppliers will likely be necessary to further increase conservation. All water suppliers are
encouraged to be prepared and plan for a possible dry 2015 now.
3 July 10, 2014
linter linwilds
Fact Sheet
Next Steps
The proposed emergency regulations will be considered by the State Water Board at its July 151"
meeting. Written comments are due by 12 noon on July 14, 2014. Send comments to
Jeanine Townsend, Clerk to the State Water Board, by email at commentletters@waterboards.ca.gov
(must be no more than 15 megabytes); fax at (916) 341-5620; or mail or hand delivery to:
Jeanine Townsend, Clerk to the Board,
State Water Resources Control Board
P.O. Box 100, Sacramento, CA 95812-2000 (mail)
1001 1 Street, 24th Floor, Sacramento, CA 95814 (hand delivery)
Please also indicate in the subject line, "Comment Letter— July 15, 2014 Board Meeting -Item 10:
Emergency Water Conservation Regulations". If adopted and subsequently approved by the
Office of Administrative Law, they would go into effect on or about August 1st
4 July 10, 2014