HomeMy WebLinkAbout15 RESOLUTION DECLARING LEVEL 2 WATER SUPPLY SHORTAGEDocuSign Envelope ID: 79268796-7620-44CD-A6D2-5682707D1ADA
Agenda Item 15
AGENDA REPORT Reviewed: °S
nB
City Manager
Finance Director �a
MEETING DATE: JUNE 7, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: RESOLUTION DECLARING LEVEL 2 WATER SUPPLY SHORTAGE
SUMMARY
On March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22 proclaiming a state
of emergency due to ongoing and expanding drought condition and directed the State Water
Resources Control Board (Water Board) to develop an emergency regulation to require all urban
water suppliers implement Level 2 of their Water Shortage Contingency Plans (WSCP).
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 22-29 declaring a Level 2 water
supply shortage and enact Level 2 of the City Water Shortage Contingency Plan.
FISCAL IMPACT
The full fiscal impact of enacting Level 2 of the City Water Shortage Contingency Plan is not
known at this time. Although the cost of purchased water and/or produced water will decrease
correspondingly with conservation, these Level 2 actions often include indirect costs redirecting
and reallocating staff time to areas such as:
• Increasing communications about the importance of water conservation
• Increasing water regulatory reporting
• Increasing patrolling to identify water waste
• Enforcing water use prohibitions
Staff will monitor the implementation of the Level 2 actions and will update the City Council during
the Mid -Year budget process. This will allow time for customers to adjust and staff to evaluate
potential impacts of the Level 2 actions.
CORRELATION TO THE STRATEGIC PLAN
This effort contributes to the fulfillment of the City's Strategic Plan Goal D: Strong Community and
Regional Relationships. Specifically, the action implements Strategy 2, which among other things,
is to enhance collaboration efforts with agencies within and outside Tustin on issues of mutual
interest and concern.
BACKGROUND
On June 1, 2021, in preparation for and in series with the 2020 Urban Water Management Plan
the City Council adopted Resolution 21-37 approving the 2020 Water Shortage Contingency Plan
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Resolution Declaring Level 2 Water Supply Shortage
June 7, 2022
Page 2
(WSCP) and subsequently adopted Ordinance 1516 updating the Water Management Plan on
December 7, 2021.
On March 28, 2022, Governor Newsom issued Executive Order (Order) N-7-22 proclaiming a
state of emergency due to ongoing and expanding drought condition and directed the Water
Board to adopt regulations requiring urban water supplier that have adopted a WSCP to
implement, at a minimum, the shortage response actions for a water shortage level of up to 20
percent. In series with the Governor's Order, on May 24, 2022, the Water Board approved an
Emergency Regulation directing all urban water suppliers to implement Level 2 of their WSCP's
by June 10, 2022.
To comply with the Water Board's conservation mandate, the City must declare Level 2
Water Supply Shortage as described in the WSCP. Level 2 will add additional water
conservation measures to the current permanent water conservation requirements as follows:
• Between April 1 and October 31, lawn watering and irrigation will be limited to three
(3) days per week. Watering and irrigation may only occur on Tuesday, Thursday, and
Saturday.
• Between November 1 to March 31, lawn watering and irrigation will be further limited
to two (2) days per week. Watering and irrigation may only occur on Tuesday and
Saturday.
• Prohibit irrigation of non-essential turf with potable water for all commercial, industrial
and institutional customers
• Expand community outreach and public information campaign
• Increase water conservation public outreach, education and enforcement efforts
These additional water conservation measures could reduce water use between 10-20 percent
as specified in the WSCP. Staff is collaborating with neighboring agencies and the Municipal
Water District of Orange County (MWDOC) to provide consistent and effective water conservation
messaging and response efforts.
With the adoption of Resolution 22-29 declaring a Level 2 water supply shortage, the City Council
empowers staff to implement demand reduction actions as defined in the WSCP. A detailed and
informative notice will be mailed directly to customers notifying them of changes and restrictions,
the City's website and social media will be used to provide detailed information and resources to
help residents understand and make the necessary changes to ensure success in doing their part
to conserve water in Tustin.
iS. Stack, P.E.
of Public Works/City Engineer
Attachment(s):
1. Resolution 22-29
2, Executive Order N-7-22
3, SWRCB Emergency Regulation
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ATTACHMENT 1
Resolution No. 22-29
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RESOLUTION NO. 22-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE
WHEREAS, Governor Gavin Newsom issued Executive Order N-7-22 proclaiming a state
of emergency across all counties in California due to extreme and expanding drought conditions;
and
WHEREAS, a reliable minimum supply of potable water is essential to public health, safety
and welfare of the people and economy of southern California; and
WHEREAS, the two main imported water supply sources, supplied by Metropolitan Water
Districts of Southern California, namely the Colorado River and State Water Project continue to
face ongoing drought conditions; and
WHEREAS, the State Water Resources Control Board has recognized the importance of
local planning and investments made in preparation of drought response conditions; and
WHERAS, the State Water Resources Control Board has issued Emergency Regulation
directing all urban water suppliers to enact Level 2 of their Water Shortage Contingency Plans;
and
WHEREAS, The City Council has adopted Resolution 21-37 approving the 2020 Water
Shortage Contingency Plan and subsequently adopted Ordinance 1516 updating the Water
Management Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that:
1. Due to extended drought conditions a Level 2 Water Supply Shortage condition exists.
2. The enactment of Level 2 of the City's Water Shortage Contingency Plan is necessary.
3. Between April 1 and October 31, lawn watering and irrigation will be limited to three
(3) days per week. Watering and irrigation may only occur on Tuesday, Thursday, and
Saturday.
4. Between November 1 to March 31, lawn watering and irrigation will be further limited
to two (2) days per week. Watering and irrigation may only occur on Tuesday and
Saturday.
5. The use of potable water for irrigation of non-functional turf at commercial, industrial
and institutional sites is prohibited.
6. The restrictions imposed in Level 2 of the City's Water Shortage Contingency Plan
shall be effective June 10, 2022.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 7th day of June, 2022.
AUSTIN LUMBARD
Mayor
ATTEST:
CARRIE WOODWARD
Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Carrie Woodward, Acting City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is five; that
the above and foregoing Resolution No. 22-29 was duly and regularly passed and adopted at a
regular meeting of the City Council held on the 7th day of June, 2022 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
CARRIE WOODWARD
Acting City Clerk
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ATTACHMENT 2
Executive Order N-7-22
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 2021, May 10, 2021, July 8, 2021, and October 19,
2021, 1 proclaimed states of emergency that continue today and exist across all
the counties of California, due to extreme and expanding drought conditions;
and
WHEREAS climate change continues to intensify the impacts of droughts
on our communities, environment, and economy, and California is in a third
consecutive year of dry conditions, resulting in continuing drought in all parts of
the State; and
WHEREAS the 21 st century to date has been characterized by record
warmth and predominantly dry conditions, and the 2021 meteorological
summer in California and the rest of the western United States was the hottest on
record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October
and December 2021 gave way to the driest January and February in recorded
history for the watersheds that provide much of California's water supply; and
WHEREAS the ongoing drought will have significant, immediate impacts on
communities with vulnerable water supplies, farms that rely on irrigation to grow
food and fiber, and fish and wildlife that rely on stream flows and cool water;
and
WHEREAS the two largest reservoirs of the Central Valley Project, which
supplies water to farms and communities in the Central Valley and the Santa
Clara Valley and provides critical cold -water habitat for salmon and other
anadromous fish, have water storage levels that are approximately 1.1 million
acre-feet below last year's low levels on this date; and
WHEREAS the record-breaking dry period in January and February and the
absence of significant rains in March have required the Department of Water
Resources to reduce anticipated deliveries from the State Water Project to
5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect
human safety and public health in those places where water supplies are
disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total
water supply on an average annual basis but as much as 58 percent in a
critically dry year, and approximately 85 percent of public water systems rely on
groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for
new groundwater wells and local groundwater sustainability agencies is
important to achieving sustainable levels of groundwater in critically
overdrafted basins; and
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WHEREAS the duration of the drought, especially following a multiyear
drought that abated only five years ago, underscores the need for California to
redouble near-, medium-, and long-term efforts to adapt its water management
and delivery systems to a changing climate, shifting precipitation patterns, and
water scarcity; and
WHEREAS the most consequential, immediate action Californians can take
to extend available supplies is to voluntarily reduce their water use by
15 percent from their 2020 levels by implementing the commonsense measures
identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021);
and
WHEREAS to protect public health and safety, it is critical the State take
certain immediate actions without undue delay to prepare for and mitigate the
effects of the drought conditions, and under Government Code section 8571,1
find that strict compliance with various statutes and regulations specified in this
Proclamation would prevent, hinder, or delay the mitigation of the effects of the
drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
Government Code sections 8567, 8571, and 8627, do hereby issue the following
Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
The orders and provisions contained in my April 21, 2021, May 10, 2021,
July 8, 2021, and October 19, 2021 Proclamations remain in full force
and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those
Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient
water for essential indoor and outdoor use, I call on all Californians to
strive to limit summertime water use and to use water more efficiently
indoors and out. The statewide Save Our Water conservation
campaign at SaveOurWater.com provides simple ways for Californians
to reduce water use in their everyday lives. Furthermore, I encourage
Californians to understand and track the amount of water they use
and measure their progress toward their conservation goals.
3. By May 25, 2022, the State Water Resources Control Board (Water
Board) shall consider adopting emergency regulations that include all
of the following:
a. A requirement that each urban water supplier, as defined in
section 10617 of the Water Code, shall submit to the Department
of Water Resources a preliminary annual water supply and
demand assessment consistent with section 10632.1 of the Water
Code no later than June 1, 2022, and submit a final annual water
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supply and demand assessment to the Department of Water
Resources no later than the deadline set by section 10632.1 of
the Water Code;
b. A requirement that each urban water supplier that has
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the
shortage response actions adopted under section 10632 of the
Water Code for a shortage level of up to twenty percent (Level
2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board,
which shall take into consideration model actions that the
Department of Water Resources shall develop for urban water
supplier water shortage contingency planning for Level 2, by a
date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought
lasts beyond this year, I encourage urban water suppliers to conserve
more than required by the emergency regulations described in this
paragraph and to voluntarily activate more stringent local
requirements based on a shortage level of up to thirty percent (Level
3).
4. To promote water conservation, the Department of Water Resources
shall consult with leaders in the commercial, industrial, and institutional
sectors to develop strategies for improving water conservation,
including direct technical assistance, financial assistance, and other
approaches. By May 25, 2022, the Water Board shall consider adopting
emergency regulations defining "non-functional turf" (that is, a
definition of turf that is ornamental and not otherwise used for human
recreation purposes such as school fields, sports fields, and parks) and
banning irrigation of non-functional turf in the commercial, industrial,
and institutional sectors except as it may be required to ensure the
health of trees and other perennial non -turf plantings.
5. In order to maximize the efficient use of water and to preserve water
supplies critical to human health and safety and the environment,
Public Resources Code, Division 13 (commencing with section 21000)
and regulations adopted pursuant to that Division are hereby
suspended, with respect to the directives in paragraphs 3 and 4 of this
Order and any other projects and activities for the purpose of water
conservation to the extent necessary to address the impacts of the
drought, and any permits necessary to carry out such projects or
activities. Entities that desire to conduct activities under this suspension,
other than the directives in paragraphs 3 and 4 of this Order, shall first
request that the Secretary of the Natural Resources Agency make a
determination that the proposed activities are eligible to be
conducted under this suspension. The Secretary shall use sound
discretion in applying this Executive Order to ensure that the suspension
serves the purpose of accelerating conservation projects that are
necessary to address impacts of the drought, while at the some time
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protecting public health and the environment. The entities
implementing these directives or conducting activities under this
suspension shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would
require change petitions under Water Code section 1707 and either
Water Code sections 1425 through 1432 or Water Code sections 1725
through 1732, and where the primary purpose is to improve conditions
for fish, the Water Board shall expeditiously consider petitions that add
a fish and wildlife beneficial use or point of diversion and place of
storage to improve conditions for anadromous fish. California Code of
Regulations, title 23, section 1064, subdivisions (a) (1) (A) (i) -(ii) are
suspended with respect to any petition that is subject to this
paragraph.
7. To facilitate the hauling of water for domestic use by local
communities and domestic water users threatened with the loss of
water supply or degraded water quality resulting from drought, any
ordinance, regulation, prohibition, policy, or requirement of any kind
adopted by a public agency that prohibits the hauling of water out of
the water's basin of origin or a public agency's jurisdiction is hereby
suspended. The suspension authorized pursuant to this paragraph shall
be limited to the hauling of water by truck or bottle to be used for
human consumption, cooking, or sanitation in communities or
residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement
to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal
diversions or wasteful or unreasonable use of water are occurring and
bring enforcement actions against illegal diverters and those engaging
in the wasteful and unreasonable use of water. When access is not
granted by a property owner, the Water Board may obtain an
inspection warrant pursuant to the procedures set forth in Title 13
(commencing with section 1822.50) of Part 3 of the Code of Civil
Procedure for the purposes of conducting an inspection pursuant to
this directive.
9. To protect health, safety, and the environment during this drought
emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of
an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or
high-priority without first obtaining written verification from a
Groundwater Sustainability Agency managing the basin or area
of the basin where the well is proposed to be located that
groundwater extraction by the proposed well would not be
inconsistent with any sustainable groundwater management
program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability
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Agency and would not decrease the likelihood of achieving a
sustainability goal for the basin covered by such a plan; or
b. Issue a permit for a new groundwater well or for alteration of an
existing well without first determining that extraction of
groundwater from the proposed well is (1) not likely to interfere
with the production and functioning of existing nearby wells, and
(2) not likely to cause subsidence that would adversely impact or
damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less
than two acre-feet per year of groundwater for individual domestic
users, or that will exclusively provide groundwater to public water
supply systems as defined in section 116275 of the Health and Safety
Code.
10. To address household or small community drinking water shortages
dependent upon groundwater wells that have failed due to drought
conditions, the Department of Water Resources shall work with other
state agencies to investigate expedited regulatory pathways to
modify, repair, or reconstruct failed household or small community or
public supply wells, while recognizing the need to ensure the
sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regional,
and local agencies on actions related to promoting groundwater
recharge and increasing storage.
12. To help advance groundwater recharge projects, and to
demonstrate the feasibility of projects that can use available high
water flows to recharge local groundwater while minimizing flood
risks, the Water Board and Regional Water Quality Control Boards
shall prioritize water right permits, water quality certifications, waste
discharge requirements, and conditional waivers of waste discharge
requirements to accelerate approvals for projects that enhance the
ability of a local or state agency to capture high precipitation events
for local storage or recharge, consistent with water right priorities and
protections for fish and wildlife. For the purposes of carrying out this
paragraph, Division 13 (commencing with section 21000) of the
Public Resources Code and regulations adopted pursuant to that
Division, and Chapter 3 (commencing with section 85225) of Part 3 of
Division 35 of the Water Code and regulations adopted pursuant
thereto are hereby suspended to the extent necessary to address the
impacts of the drought. This suspension applies to (a) any actions
taken by state agencies, (b) any actions taken by local agencies
where the state agency with primary responsibility for the
implementation of the directives concurs that local action is required,
and (c) permits necessary to carry out actions under (a) or (b). The
entities implementing these directives shall maintain on their websites
a list of all activities or approvals for which these provisions are
suspended.
13. With respect to recharge projects under either Flood -Managed
Aquifer Recharge or the Department of Water Resources Sustainable
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Groundwater Management Grant Program occurring on open and
working lands to replenish and store water in groundwater basins that
will help mitigate groundwater conditions impacted by drought, for
any (a) actions taken by state agencies, (b) actions taken by a local
agency where the Department of Water Resources concurs that
local action is required, and (c) permits necessary to carry out
actions under (a) or (b), Public Resources Code, Division 13
(commencing with section 21000) and regulations adopted pursuant
to that Division are hereby suspended to the extent necessary to
address the impacts of the drought. The entities implementing these
directives shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
14. To increase resilience of state water supplies during prolonged
drought conditions, the Department of Water Resources shall prepare
for the potential creation and implementation of a multi-year transfer
program pilot project for the purpose of acquiring water from willing
partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of
Finance for my consideration proposals to mitigate the worsening
effects of severe drought, including emergency assistance to
communities and households and others facing water shortages as a
result of the drought, facilitation of groundwater recharge and
wastewater recycling, improvements in water use efficiency,
protection of fish and wildlife, mitigation of drought -related
economic or water -supply disruption, and other potential investments
to support short- and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
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ATTACHMENT 3
SWRCB Emergency Regulation
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STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018
TO ADOPT AN EMERGENCY REGULATION
TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued
proclamations that a state of emergency exists statewide due to severe drought
conditions and directed state agencies to take immediate action to preserve
critical water supplies and mitigate the effects of drought and ensure the
protection of health, safety, and the environment.
2. These proclamations urge Californians to reduce their water use.
3. On March 28, 2022, Governor Newsom signed an Executive Order directing the
State Water Resources Control Board (State Water Board or Board) to consider
adopting emergency regulations to increase water conservation. The Executive
Order includes a request that the Board require urban water suppliers to
implement Level 2 of their water shortage contingency plans, establish water
shortage response actions for urban water suppliers that have not submitted
water shortage contingency plans, taking into consideration model actions that
the Department of Water Resources, and establish a ban on the irrigation of non-
functional turf by entities in the commercial, industrial, and institutional sectors.
4. Many Californians and urban water suppliers have taken bold steps over the
years to reduce water use; nevertheless, the severity of the current drought
requires additional conservation actions from urban water suppliers, residents,
and the commercial, industrial, and institutional sectors.
5. Water conservation is the easiest, most efficient, and most cost-effective way to
quickly reduce water demand and extend limited water supplies through this
summer and into the next year, providing flexibility for all California communities.
Water saved is water available next year, giving water suppliers added flexibility
to manage their systems effectively over time. The more water that is conserved
now, the less likely it is that a community will experience dire shortages that may
require water rationing or other emergency actions.
6. Most Californians use more water outdoors than indoors. In many areas,
50 percent or more of daily water use is for irrigation of lawns and outdoor
landscaping irrigation. Outdoor water use is generally discretionary, and many
irrigated landscapes would not suffer greatly from receiving a decreased amount
of water.
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7. The use of potable water to irrigate turf on commercial, industrial, or institutional
properties that is not regularly used for human recreational purposes or for civic
or community events can be reduced in commercial, industrial, and institutional
areas to protect local water resources and enhance water resiliency.
8. Public information and awareness are critical to achieving conservation goals,
and the Save Our Water campaign (SaveOurWater.com), run jointly by the
Department of Water Resources (DWR) and the Association of California Water
Agencies, is an excellent resource for conservation information and messaging
that is integral to effective drought response.
9. SaveWater.CA.Gov is an online tool designed to help save water in communities.
This website lets anyone easily report water waste from their phone, tablet, or
computer by simply selecting the type of water waste they see, typing in the
address where the waste is occurring, and clicking send. These reports are filed
directly with the State Water Board and relevant local water supplier.
10. Enforcement against water waste is a key tool in conservation programs. When
conservation becomes a social norm in a community, the need for enforcement is
reduced or eliminated.
11. On March 28, 2022, the Governor suspended the environmental review required
by the California Environmental Quality Act to allow State Water Board -adopted
drought conservation emergency regulations and other actions to take place
quickly to respond to emergency conditions.
12. Water Code section 1058.5 grants the State Water Board the authority to adopt
emergency regulations in certain drought years in order to: "prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method of
diversion, of water, to promote water recycling or water conservation, to require
curtailment of diversions when water is not available under the diverter's priority
of right, or in furtherance of any of the foregoing, to require reporting of diversion
or use or the preparation of monitoring reports."
13. On May 13, 2022, the State Water Board issued public notice that it will consider
the adoption of the regulation at the Board's regularly scheduled May 24, 2022
public meeting, in accordance with applicable State laws and regulations. The
State Water Board also distributed for public review and comment a Finding of
Emergency that complies with State laws and regulations.
14. The emergency regulation exempts suppliers from enforcing connection
moratoria, if their Level 2 demand management actions call for them, because
new residential connections are critical to addressing the state's housing supply
shortage. However, the Board recognizes connections for other projects may not
be appropriate given the shortage conditions and urges water suppliers to
carefully evaluate new development projects for their water use impacts.
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15. Disadvantaged communities may require assistance responding to Level 2
conservation requirements, including irrigation restrictions, temporary changes to
rate structures, and prohibited water uses. State shortage contingency plans
aimed at increasing water conservation, and state and local agencies should look
for opportunities to provide assistance in promoting water conservation. This
assistance should include but not be limited to translation of regulation text and
dissemination of water conservation announcements into languages spoken by
at least 10 percent of the people who reside in a water supplier's service area,
such as in newspaper advertisements, bill inserts, website homepage, social
media, and notices in public libraries.
16. The Board directs staff to consider the following in pursuing any enforcement of
section 996, subdivision (e): before imposing monetary penalties, staff shall
provide one or more warnings; monetary penalties must be based on an ability to
pay determination, consider allowing a payment plan of at least 12 months, and
shall not result in a tax lien; and Board enforcement shall not result in shutoff.
17. The Board encourages entities other than Board staff that consider any
enforcement of this regulation to apply these same factors identified in resolved
paragraph 16. Nothing in the regulation or in the enforcement provisions of the
regulation precludes a local agency from exercising its authority to adopt more
stringent conservation measures. Moreover, the Water Code does not impose a
mandatory penalty for violations of the regulation adopted by this resolution, and
local agencies retain their enforcement discretion in enforcing the regulation, to
the extent authorized, and may develop their own progressive enforcement
practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section
996, as appended to this resolution as an emergency regulation that applies to
urban water suppliers, as defined by Water Code section 10617.
2. State Water Board staff shall submit the regulation to the Office of Administrative
Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board,
or OAL determines that minor corrections to the language of the regulation or
supporting documentation are needed for clarity or consistency, the State Water
Board Executive Director or designee may make such changes.
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4. This regulation shall remain in effect for one year after filing with the Secretary of
State unless the State Water Board determines that it is no longer necessary due
to changed conditions or unless the State Water Board renews the regulation
due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the
Department of Water Resources and the Save Our Water campaign to
disseminate information regarding the emergency regulation.
6. The State Water Board directs staff to, by January 1, 2023, survey urban water
suppliers on their experience protecting trees and tree cover during drought, with
attention to disadvantaged communities. The survey shall inquire about
challenges encountered, strategies used, costs, and successes in protecting
trees.
7. Nothing in the regulation or in the enforcement provisions of the regulation
precludes a local agency from exercising its authority to adopt more stringent
conservation measures. Local agencies are encouraged to develop their own
progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true,
and correct copy of a resolution duly and regularly adopted at a meeting of the State
Water Resources Control Board held on May 24, 2022.
AYE:
Chair E. Joaquin Esquivel
Vice Chair Dorene D'Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY:
None
ABSENT:
Board Member Nichole Morgan
ABSTAIN:
None
Z''�C.t`�." � rtzo�
Jeani�e4 Townsend
Clerk to the Board
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ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality
Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation
Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
fa
As used in this section:
(1) "Commercial, industrial and institutional" refers to commercial water users,
industrial water users, and institutional water users as respectively defined in
Water Code, section 10608.12, subdivisions (e), (i), and (*), and includes
homeowners' associations, common interest developments, community service
organizations, and other similar entities but does not include the residences of
these entities' members or separate interests.
(2) "Common interest development" has the same meaning as in section 4100 of
the Civil Code.
(3) "Community service organization or similar entity" has the same meaning as
in section 4110 of the Civil Code.
(4) "Homeowners' association" means an "association" as defined in section
4080 of the Civil Code.
(5) "Non-functional turF' means turf that is solely ornamental and not regularly
used for human recreational purposes or for civic or community events. Non-
functional turf does not include sports fields and turf that is regularly used for
human recreational purposes or for civic or community events.
(6) "Plant factor" has the same meaning as in section 491.
(7) "Separate interest" has the same meaning as in section 4185 of the Civil
Code.
(8) "Turf' has the same meaning as in section 491.
(9) "Urban water supplier" has the same meaning as Water Code section 10617.
(10) "Water shortage contingency plan" means the plan required by Water Code
section 10632.
Each urban water supplier shall submit to the Department of Water Resources a
oreliminary annual water suooly and demand assessment consistent with section
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10632.1 of the Water Code no later than June 1, 2022, and submit a final annual
water supply and demand assessment to the Department of Water Resources no
later than the deadline set by section 10632.1 of the Water Code.
(c) M Each urban water supplier that has submitted a water shortage contingency
plan to the Department of Water Resources shall implement by June 10, 2022, at
a minimum, all demand reduction actions identified in the supplier's water
shortage contingency plan adopted under Water Code 10632 for a shortage level
of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required
to implement new residential connection moratoria pursuant to this section.
(3) Notwithstanding subdivision (c)(1), an urban water supplier may implement
the actions identified in subdivision (d) in lieu of implementing the demand
reduction actions identified in the supplier's water shortage contingency plan
adopted under Water Code section 10632 for a shortage level of ten (10) to
twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier's annual water supply and demand assessment submitted to the
Department of Water Resources demonstrates an ability to maintain reliable
supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River,
State Water Prosect, or Central Valley Project, and no more than ten (10) percent
of its supply comes from critically overdrafted groundwater basins as designated
by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day
by residential customers for the year 2020 is below 55 gallons, as reported to the
Board in the Electronic Annual Report.
Each urban water supplier that has not submitted a water shortage contingency
plan to the Department of Water Resources shall, by June 10, 2022, and
continuing until the supplier has implemented all demand reduction actions
identified in the supplier's water shortage contingency plan adopted under Water
Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2),
implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation
and promptly and effectively reach the supplier's customers, using efforts such
as email, paper mail, bill inserts, customer app notifications, news articles,
websites, community events, radio and television, billboards, and social media.
(2) Implement and enforce a rule or ordinance limiting landscape irrigation with
potable water to no more than two (2) days per week and prohibiting landscape
irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m.
(3) Implement and enforce a rule or ordinance banning, at a minimum, the water
uses prohibited by section 995. Adoption of a rule or ordinance is not required if
the supplier has authority to enforce, as infractions, the prohibitions in section
995 and takes enforcement aaainst violations.
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� (1) To prevent the unreasonable use of water and to promote water conservation
the use of potable water is prohibited for the irrigation of non-functional turf at
commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this
section to the extent necessary to ensure the health of trees and other perennial
non -turf plantings or to the extent necessary to address an immediate health and
safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a
request for continued irrigation of non-functional turf where the user certifies that
the turf is a low water use plant with a plant factor of 0.3 or less, and
demonstrates the actual use is less than 40% of reference evapotranspiration.
The taking of any action prohibited in subdivision (e) is an infraction punishable
by a fine of up to five hundred dollars ($500) for each day in which the violation
occurs. The fine for the infraction is in addition to, and does not supersede or
limit, any other remedies, civil or criminal.
Lq) A decision or order issued under this section by the Board, or an officer or
employee of the Board, is subject to reconsideration under article 2 (commencinc
with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authoritv: Section 1058.5. Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110,
and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275,
350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State
Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch
Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
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