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HomeMy WebLinkAboutAgenda Report - June 3, 2015 C-13AGENDAfTEM -/3 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Receive Report on Drought Emergency and Governor's Executive Order MEETING DATE: June 3, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Receive a report on drought emergency and the Governor's Executive Order. BACKGROUND INFORMATION: On January 17, 2014, the Governor of the State of California proclaimed a state of emergency in the State of California due to drought conditions in the state. On April 25, 2014, the Governor proclaimed a continued state of emergency in the State of California due to drought conditions that have persisted for the last three years and the duration of this drought is unknown. On May 21, 2014, the City Council adopted a resolution finding the existence of a drought emergency and supported the Public Works Director in declaring a Stage 1 water emergency in Lodi. On February 26, 2015, the Public Works Director declared a Stage 2 water emergency effective immediately due to the continued drought. On March 27, 2015, the Office of Administrative Law (OAL) approved emergency regulatory action submitted by the State Water Resources Control Board (SWRCB) thereby establishing emergency regulations (Attachment A). On April 1, 2015, the Governor issued an Executive Order effective immediately (Attachment B). On April 7, 2015, the SWRCB issued the draft regulatory framework (Attachment C) and the draft regulation (Attachment D) was released on April 18, 2015 to implement the mandatory conservations measures contained in the Governor's Executive Order. The above actions are further discussed below and the impacts to the City are described. This report will also present information regarding the City's compliance with the OAL regulatory action and the Governor's Executive Order regulations, along with other actions planned by the City, other measures that could be implemented and what other agencies are doing. Office of Administrative Law Emergency Regulations The SWRCB submitted emergency re -adoption action to keep in effect the three emergency regulations previously adopted by the OAL and to amend other emergency regulations pertaining to drought emergency water conservation. These regulations require the following restrictions. ■ No application of potable water to outdoor landscapes during or within 48 hours after measurable rainfall. • Eating and drinking establishments may only serve water upon request. • Operators of hotels and motels shall provide guests the option of not having towels and linens laundered daily, and must display this notice prominently in each guestroom. ■ Urban water suppliers must provide "prompt notice to a customer whenever a leak may exist within the end -user's exclusive control." APPROVED. Manager KAWP\C0UNCIL\2015\CC# Drought 060315Final.docx 5/26/2015 Receive Report on Drought Emergency and Governor's Executive Order June 3, 2015 Page 2 of 8 Also, the City is required to implement restrictions or other mandatory conservation measures to achieve a 20 percent reduction as compared to 2013 within 45 days of adoption of the emergency regulations. The 45 day period ends on May 11, 2015. In order to increase conservation efforts to meet the 20 percent reduction, the Public Works Director has declared a Stage 3 water emergency effective May 1, 2015. As of May 1, 2015, the following restrictions will apply throughout the City. New restrictions are in bold. • Outdoor watering allowed only two days a week (odd addresses- Wednesday and Sunday, even addresses - Tuesday and Saturday). NO watering on Mondays, Thursdays, or Fridays. • Outdoor watering between the hours of 10 a.m. and 6 p.m. is prohibited. • Outdoor watering is not allowed during or within 48 hours following measureable rainfall. • Repairing a controllable leak of water within 72 hours is required. • Washing of sidewalks, driveways, parking areas, tennis courts, patios, streets or other exterior paved areas or buildings except when required to remove any spillage of substances that may be a danger to public health or safety, is prohibited. ■ Washing with water any motor vehicles, trailers or movable equipment other than with a bucket and rinsing the vehicle or equipment by use of a hose for not more than three minutes is prohibited. • Use of a hose without a positive shut off nozzle is prohibited. • Excess watering of any area so that water flows into a gutter or any drainage area for a period exceeding three minutes is prohibited. • Unnecessary running of water in any residential, commercial or industrial establishment onto the floor, pavement, ground or into any drain or drainage area, with any equipment or in any way for more than three minutes is prohibited. Additional commercial restrictions to the above include: • Dining establishments may only serve water upon request. ■ Hotels and motels are required to offer guests the option of not having towels and linens laundered daily, and must display such a notice prominently in each guestroom. Governor's Executive Order The Governor's Executive Order found conditions of extreme peril to persons and property in California and requires expedited actions to reduce the harmful impacts of water shortages resulting from the drought. These actions vary from those that save water, increase enforcement against water waste, investment in new technologies to streamlining government response. Locally, this order requires the following as a water supplier. The item number references the Executive Order provided in Attachment B. These requirements must be met by December 31, 2015. All reductions described are determined when comparing the current residential water use to the 2013 water use reported on the State's reporting portal at the following website (www.DRINC.ca.gov). Save Water • (Item 2) The City will be subject to restrictions by the SWRCB in order to achieve a 25 -percent statewide reduction of potable urban water usage. The SWRCB is currently developing draft regulations that are discussed later in this report. ■ (Item 5) The City will be subject to restrictions requiring commercial, industrial, and institutional properties to implement water saving measures consistent with the reduction requirements in the draft regulations. Receive Report on Drought Emergency and Governor's Executive Order June 3, 2015 Page 3 of 8 • (Item 6) The City will be restricted from irrigating ornamental turf on public street medians with potable water. Trees and shrubbery in public street medians may continue to be irrigated with potable water. • (Item 7) The City shall prohibit irrigation with potable water outside of newly constructed homes and buildings unless delivered by drip or microspray. • (Item 8) The City will develop "rate structures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions." Increase Enforcement Against Water Waste • (Item 9) The City shall provide a monthly report to the SWRCB on water usage, conservation, and enforcement actions. • (Item 10) The City shall report water diversion and use as a water right's holder (junior rights held at White Slough are currently under curtailment) and "conduct inspections to determine whether illegal diversions or wasteful and unreasonable use of water are occurring." ■ (Item 11) The City shall update Section 17.30.070 of the City's Landscape Municipal Code to meet the update of the State Model Water Efficient Landscape Ordinance. The City shall report on the implementation of local ordinances, with reports due by December 31, 2015. • (Item 15) The City (currently in process, working jointly with San Joaquin County taking the lead) may be required to immediately implement all requirements of the California Statewide Groundwater Elevation Monitoring Program. This is dependent on the priority of our local groundwater basin, the determination of which is in process. State Water Resources Control Board Draft Regulations In compliance with Item 2 of the Governor's Executive Order, the SWRCB released the draft regulatory framework on April 7, 2015. Comments were received until April 13, 2015 and the draft regulation was released on April 18, 2015 (Attachment C). Comments were received until May 4, 2015 and the SWRCB adopted the regulations on May 5, 2015. Below are descriptions of the concepts included in the draft regulations as well as potential effects in Lodi. The draft regulation proportionally assigns water savings to each water supplier by either their water supply source (surface water only source has 4 -percent conservation standard) or residential gallon per capita water use (R-GPCD, residential -gallons per capita per day) reported to the State since September 2014. Based on this R-GPCD, each water supplier is assigned a conservation standard intended to achieve a 25 percent statewide reduction in potable residential water use. Lodi is proposed to be in the ninth tier and would be required to conserve 36 percent compared to 2013 baseline usage. The draft regulation also requires urban water suppliers to evaluate and reduce commercial, industrial, and institutional sector water use with additional reporting requirements. The additional monthly reporting requirements proposed include the following: o Commercial use. o Large landscape commercial use. o Industrial use. o Institutional use. o Large landscape institutional use. The draft regulation also includes a compliance assessment to determine if urban water suppliers are meeting required monthly use reductions compared to the same month in 2013. Additional prohibitions include the following: o New homes built in Lodi will be required to use drip or microspray systems for outdoor irrigation of turf with potable water. Receive Report on Drought Emergency and Governor's Executive Order June 3, 2015 Page 4 of 8 o Ornamental grass (excluding grass medians with trees and shrubs) on public street medians is prohibited from being irrigated with potable water. Failure to comply with the final regulation, may include informal or formal enforcement, informational or conservation orders, or any combination of these. Regulatory Requirements Currently the City of Lodi Municipal Code Section 13.08.220 defines the waste of water within Lodi and the requirements for water conservation. The 2010 Urban Water Management Plan, adopted by Council on August 2, 2011, outlines the City's water shortage contingency plan. Currently, the Public Works Director has declared Stage 1, 2, and 3 of this plan. The City has been meeting with the San Joaquin Office of Emergency Services Drought Task Force since January 2014. Beginning in February 2014, the City has been reporting on a weekly and, as of January 2015, a biweekly basis the drought conditions affecting our agencies and the measures we have taken. Since August 2014, the City has been reporting on a monthly basis to the SWRCB, at www.drinc.ca.gov, the following data. • Current water shortage contingency stage invoked. • Total potable water produced in the prior month. ■ Total potable water produced in the same month of 2013 (used as a baseline). • Percentage of production that was for residential use only. • Percentage of production lost in the system. • Qualification of where the percentages used were derived. • Total population served. • Residential gallons per capita day (R-GPCD) beginning in October 2014 (September data). Beginning in April 2015, the City was required to report the following additional data. ■ Number of days a week allowed for outside irrigation. • Number of complaints of water waste or water conservation violations received. ■ Number of contacts (verbal or written) made with customers for these complaints/violations. ■ Number of formal warning actions. • Number of penalties issued for these complaints/violations. Regulatory Compliance In order to accurately report the data required, several calculations are done each month. First, the potable water production from both the Surface Water Treatment Facility (SWTF) and the 28 groundwater wells are compiled and added together. From this, the losses are subtracted. Losses are 10 percent per the 2010 Urban Water Management Plan. Then, this value is divided by the number of days in the month and the population. The formula is shown below. rardzyfim ((ProductionsWTF + Productionweils)Mc — 10% Losses) * 1,000,000 * 72.6% Population * Days in Month Receive Report on Drought Emergency and Governor's Executive Order June 3, 2015 Page 5 of 8 Typically, the City's residential water use fluctuates, depending on the time of year (more use in the summer, less in the winter), as shown in the graph below. The graph in Figure 1 presents the total production and the production by source, groundwater or surface water. eMao 7MM enm %am 4MW 3MW 2MM Unm Figurer k Tommi IN~ Produv&m (mo) my= 4MM VV= WVW tM a A%WU 71fama 14rVV" MW VNi1r RWMW In order to meet the 36 percent reduction goal in the draft emergency regulations, the City will need to require additional restrictions on water use. The graph presented in Figure 2 compares the calculated residential water use (R-GPCD),from January 2013 to present, with the 36 percent reduction goal. Receive Report on Drought Emergency and Governor's Executive Order June 3, 2015 Page 6 of 8 The graph presented in Figure 3 compares the residential water use (R-GPCD), from January 2013 to present, based on the current residential metered customers with the 36 percent reduction goal. The residential metered water use indicates that the water use appears to be on a downward trend in 2014 and possibly in 2015. Figure 3: Existing Metered R-GPCD versus Goal GPCD 250.0 zas.o anaQ 175;Q 130.0- 100.-0 50.01W:0 75.0 50.0 25.0 0.0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2073 2014 t 2015 36% Reduction Since the mid -1980's the City has implemented the following restrictions in the water conservation ordinance which have been tightened by the Stage 3 emergency declaration on water use: 1. Watering is allowed three days a week (odd addresses- Wednesday, Friday, and Sunday, even addresses — Tuesday, Thursday, and Saturday). NO watering on Mondays. 2. Between May 1 and September 30, watering between the hours of 10 a.m. and 6 p.m. is prohibited. 3. Over watering of lawns or landscapes from November 1 through February 28, or during or immediately following a rain is prohibited. 4. Washing of sidewalks, driveways, parking areas, tennis courts, patios, streets or other exterior paved areas or buildings except when required to remove any spillage of substances that may be a danger to public health or safety, is prohibited. 5. Washing with water any motor vehicles, trailers or movable equipment other than with a bucket and rinsing the vehicle or equipment by use of a hose for not more than three minutes is prohibited 6. Use of a hose without a positive shut off nozzle is prohibited. 7. Excess watering of any area so that water flows into a gutter or any drainage area for a period exceeding three minutes is prohibited 8. Unnecessary running of water in any residential, commercial or industrial establishment onto the floor, pavement, ground, or into any drain or drainage area, with any equipment or in any way for more than three minutes is prohibited. The City has implemented a robust outreach program over the past few years. In addition to having a booth at public events (formerly at the Grape Festival, now at the Farmer's Market), water conservation staff perform home water audits for water service customers. Staff has also presented at local events such as 'Water Conservation and You!' andthe 'State of Our Rivers' Symposium. On May 30, 2015, they will present at the event 'Get Ahead or Get Parched' workshop. The normal Receive Report on Drought Emergency and Governor's Executive Order June 3, 2015 Page 7 of 8 There are currently three part-time Deputy Water Conservation Officers (officer) on staff. In the past year, staffing has gone from one part-time officer working an average of 17 hours per week to three officers working an average of 19 hours per week per officer. Since July of 2014, water conservation staff has responded to the following calls and violations. Planned Actions In order to meet the conservation goal of 36 percent reduction compared to 2013, the City will need to implement the following measures, at least, and more if needed. Staff will increase public outreach and actions to include the following. o Advertisements o Door Hangers o Increase frequency of outreach booth at the Farmer's Market and other local events. o Establish night patrols to monitor and cite residents for excessive watering at night. + Rebates to water service customers within the city limits will be expanded to include the following: o Water efficient washing machine rebate ($100/address) o Rain barrel rebate (50 percent up to $100 each, three maximum per address) o Drought tolerant landscape with drip irrigation rebate ($0.75/square foot; 200 square foot minimum — 4,000 square foot maximum; pre and post installation inspection by staff required; dead lawns are ineligible) Additionally, staff suggests Council consider the following actions. o Restructure the current water utility rate structure from 50 percent base charge/50 percent usage to 25 percent base charge/75 percent usage. o Suspend landscaping requirements Section 17.30.0508 (requires 75 percent of landscaping visible from the public right of way not covered by hardscape to be living vegetation). o Implement the following temporary violation penalties: ■ Increase fine for 3rd notice of violation within 12 months to $100. ■ Increase fine for 4th notice of violation within 12 months to $300 ■ Authorize Installation of a flow restrictor (customer pays for installation and removal) for a period of 14 days following issuance of a 5th notice of violation within 12 months Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Controllable Leak Unassigned Day Off Hours Washing down sidewalks No Positive Shut off a®o©aaeaee�■o Flooding Gutter Over -watering Total Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Citizen Call Follow-ups Verbal Warning Warnings Citations w/Fines Planned Actions In order to meet the conservation goal of 36 percent reduction compared to 2013, the City will need to implement the following measures, at least, and more if needed. Staff will increase public outreach and actions to include the following. o Advertisements o Door Hangers o Increase frequency of outreach booth at the Farmer's Market and other local events. o Establish night patrols to monitor and cite residents for excessive watering at night. + Rebates to water service customers within the city limits will be expanded to include the following: o Water efficient washing machine rebate ($100/address) o Rain barrel rebate (50 percent up to $100 each, three maximum per address) o Drought tolerant landscape with drip irrigation rebate ($0.75/square foot; 200 square foot minimum — 4,000 square foot maximum; pre and post installation inspection by staff required; dead lawns are ineligible) Additionally, staff suggests Council consider the following actions. o Restructure the current water utility rate structure from 50 percent base charge/50 percent usage to 25 percent base charge/75 percent usage. o Suspend landscaping requirements Section 17.30.0508 (requires 75 percent of landscaping visible from the public right of way not covered by hardscape to be living vegetation). o Implement the following temporary violation penalties: ■ Increase fine for 3rd notice of violation within 12 months to $100. ■ Increase fine for 4th notice of violation within 12 months to $300 ■ Authorize Installation of a flow restrictor (customer pays for installation and removal) for a period of 14 days following issuance of a 5th notice of violation within 12 months Receive Report on Drought Emergency and Governor's Executive Order June 3, 2015 Page 8 of 8 ■ Add a penalty charge to those residents whose usage reaches the Td tier water rate Other Agencies Actions There are several agencies within our region that are offering water conservation rebates. The table below outlines the City's current rebates and the rebates other agencies have implemented. AgencyClothes Lawn 50% upto (a) WaterSense certified toilets .City of Lodi $44 $100 (a) - (b) Additional rebates on hose bib timers, showefheads .and water heater blanket (a) Water factor s7.1 City of Manteca $ F� hal $25 $150 (a) $1M2(b) (b) Maximum: Residential = 500 f'tz Commercial = 5000 ftz Ci of Lathro - - - - No rebates offered City of Trac - $125 ULFT - - City of Patterson - $75 - $1/ft2 a (a) (minimum $200 to ma)amum $2000) City of Modesto - 50 100 - City of Dublin - - - - No rebates offered East Bay Municipal Utilities - 50 $150 a - a Joint rebate with PG&E FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. F, ally andelin Public Irks Director Prepared by Kathryn E. Garcia, Compliance Engineer FWS/KMG/jr LOQ94T-91firs In re: State Water Resources Control Board Regulatory Action: Title 23, California Code of Regulations Adopt sections: 863,864,865 Amend sections: Repeal sections: NOTICE OF APPROVAL OF EMERGENCY REGULATORY ACTION Government Code Sections 11346.1 and 11349.6; Water Code Section 1058.5 OAL File No. 2015-0320-01 EE The State Water Resources Control Board (SWRCB) submitted this emergency readoption action to keep in effect the three emergency regulations adopted in OAL file no. 2014-0718-01 E, and to further amend two of the emergency regulations, in title 23 of the California Code of Regulations pertaining to drought emergency water conservation. OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Code and section 1058.5 of the Water Code. This emergency regulatory action is effective on 3/27/2015 and will expire on 12/23/2015. The Certificate of Compliance for this action is due no later than 12/22/2015. Date: 3/27/2015 Richard L. Smith Senior Attorney For: DEBRA M. CORNEZ Director Original: Thomas Howard Copy: David Rose R. SUBMISSION OF REGULATIONS (Complete when submitting regulations); la. $UBJECT OF REGULATIONS} STATE OFMwORNIA--oFF0OF ANI NOTICE PU8LICArjFA Cynstructionson For Use b 'Secreta of State only � �' y OAL Fite filo. 2014-0718-01-E reverse) ST0,400rFiEV.01-2013) A NOTICE FILE NUMBER REGULAT04Y ACTION NUMBER EMERGENCY NUMBERENDORSED - Z- -(1 FILED in the office of the Secretary of State For use by Office of Administrative Lave (OAL) only of ft Stateof"'sl#fWia 2-01 KIR -0 API + MAR 22015 „d 23 OFFICE O AW Certificate ofCom iance: The a officer named � pl agency below oirtffies that this agency complied with the � Emergency Readopt gel R Changes Without Regulatory � 9e � Resubmittal of disapproved or 9 Vii` rr!' provisions oMov. Coop 4§11:146.2-11347.3 either NOTICE REGULATIONS before theemergency, regulation was adopted or AOINCYWITH R KINQAUTfitilil1Y AGENCY FILE WMRER(Ifany) State Water Resources Control Board 11349.4) Emergency (Gov. Code, A# PURtICATION OF NOTICE (Complete for publication in Notice Register) §11346.1(b}} 1. SUBJECT of NOTICE TITLES} FIRST SECTfON AFF CTED 2. U ION fi NOTA rYl' hlot`cs re Propnsetl 4< Ar#ENCY C014TACT PERSON TELEPHONE NUMBER FAX NI7M (t�Iona} R ula Action Outer R. SUBMISSION OF REGULATIONS (Complete when submitting regulations); la. $UBJECT OF REGULATIONS} 1b. ALL PREVIOUS RELATED DAL REGULATORY ACTION NUMBER(S) Drought Emergency Water Conservation OAL Fite filo. 2014-0718-01-E 2. SPECIFY CAUFORNIACOOEOFREGULATIONS VMS) AND SEtt'ON(S) 1TnciutFinytitle 24 intoe iioiaroM SECTION(s) AFFECTED A gist all section numberts) lo. fr7' individually. Attach AMEND per agency additional sheet if needed.) reguot TITLES§ REPEAL 23 3. TYPEOFFIUNG ®Regular Rulemaking (Gov, Corte � 1 6§' Certificate ofCom iance: The a officer named � pl agency below oirtffies that this agency complied with the � Emergency Readopt gel R Changes Without Regulatory � 9e � Resubmittal of disapproved or 9 Vii` rr!' provisions oMov. Coop 4§11:146.2-11347.3 either Code, §71346.1(h§§ Effect (Cal, Code Regs., title withdrawn nonemergency filing (Gov. Code §§113493, before theemergency, regulation was adopted or 1.5140) peper agency � cyy File & Pr)nt Print Only within the time period required by statute, t- a ile5 s 11349.4) Emergency (Gov. Code, E]ResubmittalofdisapprovedorWithdrawn , Other (Specify)� Wal rwc &A §11346.1(b}} emergencyfiling,(Gov.Code, 411346,1) 4. ALL BEGINNING ANDENDING DATES OF AVAR At RMOF MODMED REUULATKINSANDIOR MATENALADOEDTO-ME RU# EMMNG FILE (Cal. Codepegs, thle 1, 644 and Gov -Code §113473) S. EFF£Crt1'EDATEpFGNANf,E3(Goaa.Coo.��71343.4,11946,t(d3:C�.C+Regs,tkt.et.47) Eifeel€ue January 1. April i. JuIY 1, or t_ 9(Gov.Godo411343.4(a)i effective on i with 100 Chanjes WhhoutEffective swelaryorstaw R"WarorYEffect oiher(sPeci V%ftment of Finance (Form STD. 399) (SAM §666o)r "r agency Q Fair Political practices Commission State Fire Marshal request her (Specoy) favid Rose -- ' i16'Y 196 8. 1 certify that the attached copy of the regulation(s) is a true and correct o of the regulations) identified on this form, that the information specifier Is true and correct, and that l am the head of the agency taking this actio of a designee of the head of the agency, and am authorized to make this t SIGNA OF AGENCY HEAr) DESIfaNEE DATE i FAx NUMBER (. ) EMIL ADDRESS (Optional) 916-341-5199 david.rose@waterboards.ca.gov ly For use by Office of Administrative Law (OAQ only eft this forth rtiftration, ENDORSEDAPPROVED MAR 2 7 7-015 NAMEANDTIT OF G TORY las Howard, Executive Director, State Water Resources Control Board Office ninigv Law Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; (4) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (5) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to further promote conservation. Authority: Section 1058.5, Water Code. References: Sections 102, 104 and 105, Water Code. Sec. 864. Prohibited etivfie End -User Requirements in Promotion of Water Conservation. (a) To promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; md (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall,• and _ (6) The serving; of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants hotels cafes cafeterias bars or other public places where food or drink are served and/or purchased.' (b) To promote water conservation operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. (b)(Jc The taking of any action prohibited in subdivision (a) or the failure to take any action required in subdivision (b) of this sec4 , in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Authority: Section 1058.5, Water Code. References: Sections 102,104 and 105, Water Code. Sec. 865. Mandatory Actions by Water Suppliers. (a) The term "urban water supplier," when used in this section, refers to a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b)(1) To promote water conservation, each urban water supplier shall implement all requirements and actions of the stage of its water shortage contingency plan that roses -includes mandatory restrictions on the number of days that outdoor irrigation of ornamental landscapes or turf with potable water is allowed or shall amend its water shortage contingency plan to include mandatory restrictions on the number of days that outdoor irrigation of ornamental landscapes or turf with potable water is allowed and requirement. (2) An urban water supplier may submit a request to the Executive Director for approval of an alternate plan that includes allocation -based rate structures that satisfies the requirements of chapter 3.4 (commencing with section 370) of division 1 of the Water Code, and the Executive Director may approve such an alternate plan upon determining that the rate structure, in conjunction with other measures, achieves a level of conservation that would be superior to that achieved by implementing limitations on outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week. (c) To promote water conservation, each urban water supplier that does not have a water shortage contingency plan that restricts the number of days that outdoor irrigation of ornamental landscapes and turf with potable water is allowed or has been notified by the Department of Water Resources that its water shortage contingency plan does not meet the requirements of Water Code section 10632 shall, within thifty forty-five (3845) days, limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week or- shall knpleffient anothe (d) In furtherance of the promotion of water conservation each urban water supplier shall_ (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-users exclusive control. U pPrepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. Beginning " c4eber13, 2014, The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, and the number of days that outdoor irrigation is allowed tThe monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. , shall state the ftufftbef of pef-sefts it sefves. (e) To promote water conservation, each distributor of a public water supply, as defined in Water Code section 350, that is not an urban water supplier shall, within forty-five (3045) days, take one or more of the following actions: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (2) Implement another mandatory conservation measure or measures intended to achieve a Ef)fflab! 20 percent reduction in water consumption by the persons it serves relative to the amount consumed in 2013. Authority: Section 1058.5, Water Code. References: Sections 102, 104, 105; 350; 10617 and 10632, Water Code. ]EWIVICU t INPartment �$mte of CaCif©Trlie EXECUTIVE ORDER B-29-15 WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist throughout the State of California due to severe drought conditions; and WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency to exist throughout the State of California due to the ongoing drought; and WHEREAS California's water supplies continue to be severely depleted despite a limited amount of rain and snowfall this winter, With record low snowpack in the Sierra Nevada mountains, decreased water levels in most of California's reservoirs, reduced flows in the state's rivers and shrinking supplies in underground water basins; and WHEREAS the severe drought conditions continue to present urgent challenges including: drinking water shortages in communities across the state, diminished water for agricultural production, degraded habitat for many fish and wildlife species, increased wildfire risk, and the threat of saltwater contamination to fresh water supplies in the Sacramento -San Joaquin Bay .Delta; and WHEREAS a distinct possibility exists that the current drought will stretch into a fifth straight year in 2016 and beyond; and WHEREAS new expedited actions are needed to reduce the harmful impacts from water shortages and other impacts of the drought; and WHEREAS the magnitude of the severe drought conditions continues to present threats beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and WHEREAS under the provisions of section 8558(b) of the Government Code, 1 find that.conditions of extreme peril to the safety of persons and property continue to exist in California due to water shortage and drought conditions with which local authority is unable to cope; and WHEREAS under the provisions of section 8571 of the California Government Code, I find that strict compliance with various statutes and regulations specified in this. order would prevent, hinder, or delay the mitigation of the effects of the drought. NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular Government Code sections 8567 and 8571 of the California Government Code, do hereby issue this Executive Order, effective immediately. E_. _ IT IS HEREBY ORDERED THAT: 1.. The orders and provisions contained in my January 17, 2014 Proclamation; my April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14 remain in full force and effect except as modified herein, SAVE WATER 2. The State Water Resources Control Board (Water Board) shall impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016. These restrictions will require water suppliers to California's cities and towns to reduce usage as compared to the amount used in 2013. These restrictions should consider the relative per, capita water usage of each water suppliers' service area, and require that those areas with high per capita use achieve proportionally greater reductions than those with low use.. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. 3. The Department of Water Resources (the Department) shall lead a statewide initiative, in partnership with local agencies, to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes. The Department shall provide funding to allow for lawn replacement programs in underserved communities, which will complement local programs already underway across the state, 4. The California Energy Commission, jointly with the Department and the Water Board, shall implement a time-limited statewide appliance rebate program to provide monetary incentives for the replacement of inefficient household devices. 5. The Water Board shall impose restrictions to require that commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, immediately implement water efficiency measures to reduce potable water usage in an amount consistent.with the reduction targets mandated by Directive 2 of this Executive Order. 6. The Water Board shall prohibit irrigation with potable water of ornamental turf on public street medians. 7. The Water Board shall prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems. ;-- 8. The Water Board shall direct urban water suppliers to develop rate structures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions. The Water Board is directed to adopt emergency regulations, as it deems necessary, pursuant to Water Code section 1058.5 to implement this directive. The Water Board is. further directed to work with state agencies and water suppliers to identify mechanisms that would encourage and facilitate the adoption of rate structures and other pricing mechanisms that promote water conservation. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. INCREASE ENFORCEMENT AGAINST WATER WASTE 9. The Water Board shall require urban water suppliers to provide monthly information on water usage, conservation, and enforcement on a permanent basis. 10. The Water Board shall require frequent reporting of water diversion and use by water right holders, conduct inspections to determine whether illegal diversions or wasteful and unreasonable use of water are occurring, and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. Pursuant to Government Code sections 8570 and 8627, the Water Board is granted authority to inspect property or diversion facilities to ascertain compliance -with water rights laws and regulations where there is cause to believe such laws and regulations have been violated. 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. 11. The Department shall update the State Model Water Efficient Landscape Ordinance through expedited regulation. This updated Ordinance shall increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of Landscapes that can be covered in turf. It will also require reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015. The Department shall provide information on local compliance to the Water Board, which shall consider adopting regulations or taking appropriate enforcement actions to promote compliance. The Department shall provide technical assistance and give priority in grant funding to public agencies for actions necessary to comply with local ordinances. 12. Agricultural water suppliers that supply water to more than 25,000 acres shall include in their required '2015 Agricultural Water Management Plans a detailed drought management plan that describes. the actions and measures the supplier will take to manage water demand during drought. The Department shall require those plans to include quantification of water supplies and demands for 2013, 2014, and 2015 to the extent data is available. The Department will provide technical assistance to water suppliers in preparing the plans. 13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of irrigated lands shall develop Agricultural Water Management Plans and submit the plans to the Department by July 1, 2016. These plans shall include a detailed drought management plan and quantification of water supplies and demands in 2013, 2014, and 2015, to the extent that.data is available. The Department shall give priority in grant funding to agricultural water suppliers that supply water to 10,000 to 25,000 acres of land for development and implementation of Agricultural Water Management Plans. 14. The Department shall report to Water Board on the status of the Agricultural Water Management Plan submittals within one month of receipt of those reports. 15. Local water agencies in high and medium priority groundwater basins shall immediately implement all requirements of the California Statewide Groundwater Elevation Monitoring Program pursuant to Water .Code section 10933. The Department shall refer noncompliant local water agencies within high and medium priority groundwater basins to the Water Board by December 31., 201:5, which shall consider adopting regulations or taking appropriate enforcement to promote compliance. 16. The California Energy Commission shall adopt emergency regulations establishing standards that improve the efficiency of water appliances, including toilets, urinals, and faucets available for sale and installation in new and existing buildings. INVEST IN NEW TECHNOLOGIES 17. The California Energy Commission, jointly with the Department and the Water Board, shall implement a Water Energy Technology (WET) program to deploy innovative water management technologies for businesses, residents-, industries, and agriculture. This program will achieve water and energy savings and greenhouse gas reductions by accelerating use of cutting-edge technologies such as renewable energy -powered desalination, integrated on- site reuse systems, water -use monitoring software, irrigation system timing and precision technology, and on-farm precision technology. STREAMLINE GOVERNMENT RESPONSE 18. The Office of Emergency Services and the Department of Housing and Community Development shall work jointly with counties to provide temporary assistance for persons moving from housing units due to a lack of potable water who are served by a private well or water utility with less than 15 connections, and where all reasonable attempts to find a potable water source have been exhausted. 19. State permitting agencies shall prioritize review and approval of water infrastructure projects and programs that increase local water supplies, including water recycling facilities, reservoir improvement projects, surface water treatment plants, desalination plants, stormwater capture, and greywater systems. Agencies shall report to the Governor's Office on applications that have been pending for longer than 90 days. _06-51FO- 20. The Department shall take actions required to plan and, if necessary, implement Emergency Drought Salinity Barriers in coordination and consultation with the Water Board and the Department of Fish and Wildlife at locations within the Sacramento - .San Joaquin delta estuary. These barriers will be designed to conserve water for use later in the year to meet state and federal Endangered Species Act requirements, preserve to the extent possible water quality in the Delta, and retain water supply for essential human health and safety uses in 2015 and in the future. 21. The Water Board and the Department of Fish and Wildlife shall immediately consider any necessary regulatory approvals for the purpose of installation of the Emergency Drought Salinity Barriers. 22. The Department shall immediately consider voluntary crop idling water transfer and water exchange proposals of one year or less in duration that are initiated by local public agencies and approved in 2015 by the Department subject to the criteria set forth in Water Code section 1810. 23. The Water Board will prioritize new and amended safe drinking water permits that enhance water supply and reliability for community water systems facing water shortages or that expand service connections to include existing residences facing water shortages. As the Department of Public Health's. drinking water program was transferred to the Water Board, any reference to the Department of Public Health in any prior Proclamation or Executive Order listed in Paragraph 1 is deemed to refer to the Water Board.. 24. The California Department of Forestry and Fire Protection shall launch a public information campaign to educate the public on actions they can take to help to prevent wildfires including the proper treatment of dead and dying trees. Pursuant to Government Code section 8645, $1.2 million from the State Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to the California Department of Forestry and Fire. Protection to carry out this directive. 25. The Energy Commission shall expedite the processing of all applications or petitions for amendments to power plant certifications issued by the Energy Commission for the purpose of securing alternate water supply necessary for continued power plant operation. Title 20, section 1769 of the California Code of Regulations is hereby waived for any such petition, and the Energy Commission is authorized to create and implement an alternative process to consider such petitions. This process may delegate amendment approval authority, as appropriate, to the Energy Commission Executive Director. The Energy Commission shall give timely notice to all relevant local, regional, and state agencies of any petition subject to this directive, and shall post on its website any such petition. 26. For purposes of carrying out directives 2-9, 1.1, 16-17, 20-23, and 25; Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are hereby suspended. This suspension applies to any actions taken by state agencies, and for actions taken by local agencies where the state agency with primary responsibility for implementing the directive concurs that local action is required, as well as for any necessary permits or approvals required to complete these actions. This suspension, and those specified in paragraph 9 of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014 proclamation, and paragraph 4 of Executive Order B-26-14, shall remain in effect until May 31, 2016. Drought relief actions taken pursuant to these paragraphs that are started prior to May 31, 2016, but not completed, shall not be subject to Division 13 (commencing with section 21000) of the Public Resources Code for the time required to complete them. 27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter 3 of Part 3 (commencing with section 85225) of the Water Code are suspended. 28. For actions called for in this proclamation in directive 20, the Department shall exercise any authority vested in the. Central Valley Flood Protection Board, as codified in Water Code section 8521, et seq., that is necessary to enable these urgent actions to be taken more quickly than otherwise possible. The Director of the Department of Water Resources is specifically authorized, on behalf of the State of California, to request that the Secretary of the Army, on the recommendation of the Chief of Engineers of the Army Corps of Engineers, grant any permission required pursuant to section 14 of the Rivers. and Harbors Act of 1899 and codified in section 48 of title 33 of the United States Code. 29. The Department is directed to enter into agreements with landowners for the purposes of planning.and installation of the Emergency Drought Barriers in 2015 to the extent necessary to accommodate access to barrier locations, land -side and water -side construction, and materials staging in proximity to barrier locations. Where the Department is unable to reach an agreement with landowners, the Department may exercise the full authority of Government Code section 8572. 30. For purposes of this Executive Order, chapter 3.5 (commencing with section 11340) of part 1 of division 3 of the Government Code and chapter 5 (commencing with section 25400) of division 15 of the Public Resources Code are suspended for the development and adoption of regulations or guidelines needed to carry out the provisions in this Order. Any entity issuing regulations or guidelines pursuant to this directive shall conduct a public . meeting on the regulations and guidelines prior to adopting them. 31. In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding. requirements, are hereby suspended for directives 17, 20, and 24. Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to these directives. This Executive 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. FURTHER DIRECT 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 to this Order. IN WITNESS WHEREOF l have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 1 s{ day of April 2015.1 EDMUND G. BROWN JR. Governor of California ATTEST: ALEX PADILLA Secretary of State MANDATORY CONSERVATION PROPOSED REGULATORY FRAMEWORK The Governor's April 1, 2015 Executive Order directs the State Water Board to impose restrictions to achieve an aggregate statewide 25% reduction in potable urban water use through February 2016. The Executive Order stipulates the 25% reduction in water use as compared to 2013, but proposes flexibility in how to achieve this reduction in recognition of the level of conservation already achieved by many communities around the State. Input Requested: The State Water Board is interested in receiving feedback on these regulatory concepts as well as other ideas on how a 25% reduction could be structured. Please submit comments and ideas on the proposed framework by email to Jessica Bean at ]e_ssica_.eean@waterboards.ca,KQV by April 13, 2015. Urban Water Suppliers I. Apportioning Water Supplier Reductions: The Executive Order directs the State Water Board to consider the relative per capita water usage of each water suppliers' service area, and have those areas with high per capita use achieve proportionally greater reductions than those with low use. Reporting on residential per capita (R-GPCD) water use began in October 2014 for the September 2014 reporting period. Residential per capita water use is highest during the summer months when outdoor irrigation demand is high. Reported summertime water use is also generally more consistent because the weather varies less from year to year than during the winter. Accordingly, September 2014 R-GPCD serves as a reasonable basis for placement of the 411 urban water suppliers into four categories as follows: R-GPCD Range (Sept 2014) # of Suppliers within Range Conservation Standard Under 55 18 10% 55-110 126 20% 110-165 132 25% Over 165 135 35% The proposed breakdown of water suppliers into R-GPCD groupings with corresponding conservation standards is intended to equitably and effectively achieve a 25% aggregate statewide reduction in potable urban water use. Draft Regulatory Framework *** April 7, 2015 Page 1 II. New Reporting Requirements: To assess compliance by commercial, industrial, and institutional (CII) sector customers and actions taken by urban water suppliers to reduce CII sector use, the following additional reporting requirements are proposed: • Monthly commercial sector use; • Monthly large landscape commercial customer use (e.g. golf courses, amusement parks); • Monthly industrial sector use; • Monthly institutional sector use; and • Monthly large landscape institutional customer use (e.g. cemeteries, college campuses). Reporting requirements under the existing Emergency Regulation, that took effect March 27, 2015, will remain in effect. III. Compliance Assessment: To determine if urban water suppliers are meeting required use reductions, water production data, as reported by each individual water supplier for the months of June 2015 through February 2016, will be compared to the same period(s) in 2013. Given the severity of the current drought, the State Water Board will assess suppliers' compliance for both monthly and cumulative water usage reductions. IV. Enforcement: The State Water Board has a variety of tools available to enforce its regulations: • Informal enforcement, such as warning letters, can provide a clear reminder to water suppliers of the requirements and an alert that their conservation programs are not achieving the desired water savings. Warning letters would generally not be accompanied by monetary penalties • Formal enforcement actions include Cease and Desist Orders (CDO) to stop non- compliant activity. These Orders generally contain a description of the specific actions, and a timeline for implementing them, required for the recipient to return to compliance. Non-compliance with a CDO during a drought emergency, such as the current one, can result in a complaint to assess Administrative Civil Liabilities of up to $10,000 for each day of non-compliance. In addition to these existing tools, other tools may be needed to ensure compliance for the short duration of the regulations. These tools would be developed through the emergency rulemaking and would be remain in effect for its duration (270 days unless extended by the State Water Board). The tools include: Draft Regulatory Framework *** April 7, 2015 Page 2 • Informational Orders that would enable the Board to require specific data and other facts on conservation practices if conservation targets are not being met. • Conservation Orders that would go into effect immediately upon receipt, as opposed to CDOs that can only be issued and enforced after the State Water Board holds an evidentiary hearing, if one is requested. A conservation order would describe the specific actions required for the recipient to come into compliance with the requirements of the regulation. Issuance of a conservation order would be subject to reconsideration by the Board and violation of a conservation order would not be subject to the enhanced penalties associated with violation of a CDO during a drought emergency. The tools will be used alone, or in combination, to address the following compliance problems: • Failure of water suppliers to file reports as required by the regulation; • Failure to implement prohibitions and restrictions as described in the Governor's Executive Orders and the emergency regulation; and • Failure of water suppliers to meet the assigned water use reduction target. Small Water Suppliers There are over 2,600 small water suppliers (those with fewer than 3,000 service connections) that provide water to over 1.5 million Californians. Under the existing Emer enc Regulation that took effect March 27, 2015, these suppliers are required to either limit outdoor irrigation to no more than two times per week or to institute measures that achieve a 20% reduction in use. Small suppliers are not required to report their water production to the Board, but are expected to have the data available on request. Small suppliers will need to contribute to achieving the statewide 25% potable urban water use reduction called for in the Executive Order. I. Apportioning Water Supplier Reductions: Up until the release of the April 1, 2015 Executive Order, all water suppliers were being asked to achieve a voluntary 20% reduction in water use. The existing emergency regulation assigns responsibilities to both larger urban water suppliers and small suppliers to restrict irrigation to achieve the 20% reduction target. Under this proposal, small water suppliers would be required to achieve a 25% water savings as compared to their 2013 water use under the new regulation. Draft Regulatory Framework *** April 7,201S Page 3 II. Reporting Requirements: To date, small water suppliers have not been required to report on their water use or conservation measures. Small suppliers would now be directed to provide a one-time report to the State Water Board, 180 days after the effective date of the new emergency regulation, addressing at a minimum: • Potable water production from June -November 2013 and June -November 2015; • The number of days per week outdoor irrigation is allowed and other restrictions implemented to achieve a 25% water use reduction; and • Specific restrictions on CII sector use. III. Compliance Assessment: Compliance would be based upon whether small suppliers submitted the required data and met the 25% water use reduction requirement. IV. Enforcement: The State Water Board may use any of the tools discussed above, as appropriate. Additional Prohibitions and End -User Requirements The State Water Board's existing emergency regulation includes a number of water use prohibitions that apply to all Californians and end-user restrictions that apply to specific water users, such as restaurants and hotels. These existing restrictions will remain in effect, and consistent with the Executive Order, the following new prohibitions will be put in place: The use of potable water outside of newly constructed homes and buildings that is not delivered by drip or micro -spray systems will be prohibited; and The use of potable water to irrigate ornamental turf on public street medians will be prohibited. The State Water Board will also consider adding requirements for large landscape users (e.g. commercial, industrial, institutional) not served by either type of water supplier discussed above to achieve the 25% statewide reduction in potable urban water use. Draft Regulatory Framework*** April 7, 2015 Page 4 PROPOSED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water Resources Control Board fmds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) On April 1, 2015, the Governor issued an Executive Order that, in part, directs the State Board to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February 28, 2016; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; (44) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; (45) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (50 The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to prevent waste and unreasonable use of water and to further promote conservation. Authority: Section 1058.5, Water Code. References: Sections 102, 104 and 105, Water Code. Sec. 864. End -User Requirements in Promotion of Water Conservation. (a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; and (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; (6) The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.-! (7) The irrigation with potable water of ornamental turf on public street medians; and (8) The irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems. (b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. (c) Immediately upon this subdivision taking effect, all commercial, industrial and institutional properties not served by a water supplier meeting the requirements of Water Code section 10617 or section 350 shall either: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or (2) Reduce potable water usage by 25 percent for the months of June 2015 through February 2016 as compared to the amount used for the same months in 2013. (e�) The taking of any action prohibited in subdivision (a) or the failure to take any action required in subdivisions (b) or (c), in addition to any other applicable civil or criminal penalties, is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Authority: Section 1058.5, Water Code. References: Sections 102, 104, aad 105, 350, and 10617, Water Code. Sec. 865. Mandatory Actions by Water Suppliers. (a) The term "urban water supplier," when used in this section, refers to a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. 1114 -0-H sei=ves to no fner-e "R twe days per- week. , v the DepaftmepA ef Water- Resetwees "t its water- shet4age eefAiRgeney p6n does flet i-A-utd9er- fizzgati9,xr-vrvrnE i-ea, +,1 1 or- tf f withpettable • '•,to,- by �l�o (db) In furtherance of the promotion of water conservation each urban water supplier shall: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-users exclusive control. (2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, and the number of days that outdoor irrigation is allowed, monthly commercial sector use, monthly industrial sector use, and monthly institutional sector use. The monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. (c)(1) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor's April 1, 2015 Executive Order, each urban water supplier shall reduce its total potable water production by the percentage identified as its conservation standard in this subdivision. Each urban water supplier's conservation standard considers its service area's relative per capita water usage. (2) Each urban water supplier whose source of supply does not include groundwater or water imported from outside the hydrologic region and that received average annual precipitation in 2014 may, notwithstanding its average July-September 2014 R-GPCD, submit for Executive Director approval a request to reduce its total water usage by 4 percent for each month as compared to the amount used in the same month in 2013. Any such request shall be accompanied by information showing that the supplier's sources of supply do not include groundwater or water imported from outside the hydrologic region and that the supplier's service area received average annual precipitation in 2014. (3) Each urban water supplier whose average July-September 2014 R-GPCD was less than 65 shall reduce its total water usage by 8 percent for each month as compared to the amount used in the same month in 2013. (4) Each urban water supplier whose average July -September 2014 R-GPCD was between 65 and 79.9 shall reduce its total water usage by 12 percent for each month as compared to the amount used in the same month in 2013. (5) Each urban water supplier whose average July -September 2014 R-GPCD was between 80 and 94.9 shall reduce its total water usage by 16 percent for each month as compared to the amount used in the same month in 2013. (6) Each urban water supplier whose average July -September 2014 R-GPCD was between 95 and 109.9 shall reduce its total water usage by 20 percent for each month as compared to the amount used in the same month in 2013. (7) Each urban water supplier whose average July -September 2014 R-GPCD was between 110 and 129.9 shall reduce its total water usage by 24 percent for each month as compared to the amount used in the same month in 2013. (8) Each urban water supplier whose average July -September 2014 R-GPCD was between 130 and 169.9 shall reduce its total water usage by 28 percent for each month as compared to the amount used in the same month in 2013. (9) Each urban water supplier whose average July -September 2014 R-GPCD was between 170 and 214.9 shall reduce its total water usage by 32 percent for each month as compared to the amount used in the same month in 2013. (10) Each urban water supplier whose average July -September 2014 R-GPCD was greater than 215 shall reduce its total water usage by 36 percent for each month as compared to the amount used in the same month in 2013. (d)(1) Beginning June 1, 2015, each urban water supplier shall comply with the conservation standard specified subdivision (c). (2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a cumulative basis. (e) Each urban water supplier that serves 20 percent or more of its total production for commercial agricultural use meeting the definition of Government Code section 51201, subdivision (a) may subtract the amount of water supplied for commercial agricultural use from its water production total, provided that the supplier complies with the Agricultural Water Management Plan requirement of paragraph 12 of the April 1, 2015 Executive Order. Each urban water supplier that serves 20 percent or more of its total production for commercial agricultural use meeting the definition of Government Code section 51201, subdivision (a) shall certify that the agricultural uses it serves meet the definition of Government Code section 51201, subdivision (a), and shall report its total water production pursuant to subdivision (b)(2), identifying the total amount of water supplied for commercial agricultural use. (eD(I) To prevent waste and unreasonable use of water and to promote water conservation, each distributor of a public water supply, as defined in Water Code section 350, that is not an urban water supplier shall, , take one or more of the following actions: (4A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (213) Implement another mandatory conservation measure or measures intended to achieve a 2925 percent reduction in water consumption by the persons it serves relative to the amount consumed in 2013. (2) Each distributor of a public water supply, as defined in Water Code section 350, that is not an urban water supplier shall submit a report by December 15, 2015, on a form provided by the Board, that includes: (A) Total potable water production, by month, from June through November, 2015, and total potable water production, by month, for June through November 2013; or (B) Confirmation that the distributor limited outdoor irrigation of ornamental landscapes or turf with notable water by the persons it serves to no more than two days per week. Authority: Section 1058.5, Water Code. References: Sections 102, 104, 105, 350, 1846, 10617 and 10632, Water Code. Sec. 866. Additional Conservation Tools. (a)(1) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standard required by section 865 the Executive Director, or his designee, may issue conservation orders requiring additional actions by the supplier to come into compliance with its conservation standard. (2) All conservation orders issued under this article shall be subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the California Water Code. (b) The Executive Director, or his designee, may issue an informational order requiring water suppliers, or commercial, industrial or institutional properties not served by a water supplier meeting the requirements of Water Code section 10617 or section 350, to submit additional information beyond that required to be reported pursuant to the other provisions of this article. The failure to provide the information requested within 30 days or any additional time extension granted is a violation subject to civil liability of up to $500 per day for each day the violation continues pursuant to Water Code section 1846. Authority: Section 1058.5, Water Code. References: Sections 100, 102, 104, 105, 174, 186, 187, 275, 350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code. coo 13 Jennifer Ferraiolo From: Jennifer Ferraiolo Sent: Monday, lune 01, 2015 9:39 AM To: 'Joseph Grant' Cc: City Council; Steve Schwabauer; Janice Magdich; Wally Sandelin Subject: RE: "Cash for grass" Thank you for your email. It was received by the City Council and forwarded to the City Manager's office and Public Works Department for information, response, and/or handling. In addition, your correspondence will be provided to Council at its meeting Wednesday night as a "blue sheet" item. Jennifer M. Ferraiolo, CMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209)333-6702 (209)333-6807 FAX From: Joseph Grant [mailto:jaarant(ftcanr.edu) Sent: Monday, June 01, 2015 9:34 AM To: City Council Subject: "Cash for grass" Honorable City Council members, It is my understanding that the City Council may address landscape renovation incentives on Wednesday night in connection with its consideration the City's responses to Governor Brown's drought emergency drought declaration (agenda item C-13). I wish to express some concerns about the "cash for grass" concept in the hope that the Council will consider them in deliberating such incentive programs. While I certainly recognize the need for the COL to do all it can to promote water conservation, especially in view of the Governor's recent declarations and state -imposed penalties for non-compliance, in my view: Such measures are unfair: a. To those of us who long ago made such water -saving renovations to our residential landscapes without the benefit of government assistance; What's in it for us?? b. Because they take MY money (city taxes and fees I have paid) and transfer it to my neighbors - who will now profit for being water conservation laggards. Why should I pay for their irresponsibility? 2. The City must have the greatest assurance possible that its investments in water savings will indeed redound in the water savings: a. New "water -conserving landscapes" installed may not be properly designed or operated so as to result in a net savings in water. The City should impose requirements that DESIGN (including plant material and irrigation systems) for new residential drought tolerant landscapes installed using public sector funds be subject to some sort of case-by-case certification by certified landscape professionals and, further, that residents have receive education and training in the proper OPERATION of such systems to maximize potential water savings AND the health and sustainability of their new landscapes. 3. Lastly, unrelated to incentives but related to drought measures, I would like to see some evidence that the Council and City are doing all they can to curb water waste in it parks and by institutional users such as schools. For example: a. Does the COL really know what portion of its water is used in such large water -consumptive landscapes compared to residential use? When I was a kid, my kickball and soccer was played in a dirt field. If my grass is going do be brown, I don't want to see my neighborhood schools and parks with lush green grass. Need to keep the trees alive? OK, fine, plug all but those sprinklers but those near the trees, and run those sprinklers monthly or less to keep them alive. Thank you for your attention and continued stewardship of our City resources. Joe Grant 841 Cardinal Street Lodi, CA CURRENT RESERVOIR CONDITIONS 248 2000 J 1000~w� ■ Tririty Lake 44%151% 2000 laoo I I .- o! New Meiones 19%131% zw yy _ 1000 I Q.. Sart Luis Reservoir 57%168% 4M2 40ma 70M 2000 Iwo a Shasta Reservoir 55%164% Milerton Lake 35%147% 7077 -?-7000 ' 2000 � il� t 1000 0. 0 ... Lake Oroville 46%155% s0o o �^ Perris Lake 39%147% Ending At Midnight - May 19, 2015 LEGEND rLuWVA xa��arlx� AV -pe 9"� Folsom Lake 57%171% 2070 Iwo a ! 0 Don Pedro Reservoir 41%155% ExcheqW Reservoir 11%1 18% 725 i Lock -Ann, Lahr 34% 138% 1000l--.� Pine Flat Reser" 24% 135% rP Conservation Legislation • SBX7-7 — Water Conservation Bill of 2009 — November 10, 2009 — 20 percent reduction by 2020 • Office of Administrative Law Regulation — March 20, 2015 — Immediate 20 percent reduction from 2013 • Governor's Executive Order — April 1, 2015 — 25 percent statewide reduction by Dec. 31, 2015 • Water Resources Control Board Regulation — April 18, 2015 — Lodi - 36 percent reduction by Dec. 31, 2015 from 2013 WRCB Regulations 1. Statewide conservation goal 25 percent compared to 2013 2. 9 tiers of conservation standards tied to July — Sept. 2014 average usage (4% - 36%) 3. Residential gallons per capita per day 4. Implementation left to water suppliers 5. Requires commercial, industrial and institutional water use reductions (Productions,,,, + Productionw,jjj * 1,000,000) SIG * 72.6'% 6• R-GPCD = Population *Days in Month WRCB Regulations 7. Prohibits using potable water for irrigation of turf in street medians 8. Prohibits use of potable water for irrigation of new home landscape without drip or micro - spray systems 9. Compliance assessment will begin with submittal of June report y Lodi Historical Usage few Lodi Usage Data 1. July — September 2014 average 2. State calculated usage to set tier standard = 287 gallons per capita per day 3. Re -calculated tier standard = 213 gallons per capita per day (all residential customers) 4. Metered residential average = 205 gallons per capital per day (9,030 of 16,319 customers) 2 3 4 5 6 7 8 Conservation Program Compliance Engineer and 3 Deputy Water Conservation Officers One vehicle for patrol 19 hours per week per officer 2,276 responses to calls and violations 197 verbal warnings 1,613 written warnings 8 citations with fines (7 @ $35 and 1 @ $75) $35 @ 3rd, $75 @ 4th, and $150 @ 51h Lodi Stage Three 1. Outdoor water two days a week Even — Tues. & Sat. Odd — Wed. & Sun. 2. Outdoor watering prohibited between 10 am and 6 pm 3. No watering during or within 48 hours of rainfall 4. Repair leaks within 72 hours 5. No washing of outdoor flat surfaces 6. No washing vehicles without nozzle and a bucket 7. No overwatering resulting in 3 minutes of gutter flow 8. Water served on request only at dining establishments 9. Hotels/motel offer optional daily laundering Yr nF Lodi Stage Four 1. Landscape irrigation once per week 2. No potable water to fill swimming pools 3. No potable water use at ponds and fountains 4. Car wash on lawns or commercial establishment using recycled/reclaimed water 5. Sewer and hydrant flushing in emergency cases only Planned Actions AM 1. Drought Task Force — compliance engineer and 3 utility superintendents 2. Increase public outreach 3. Increase off -hour patrols 4. Increase number of free water audits 5. Add new rebates Water efficient washing machines - $100 Rain barrel — 50% up to $100 each, maximum 3 per parcel Drought tolerant landscape $0.75 per square foot, 200 — 4,000 square feet installed JOptional Actions 1. Add more Water Conservation Officers and vehicles 2. Re -structure water rate from 50% base/50% usage to 75% base/25% usage 3. Install flow restrictors on frequent violators' services 4. Require drought tolerant design for new landscape 5. Reduce number of violation warnings from 3 to 2 6. Increase fines for violations 7. Assess penalty for overuse/bonus for underuse 8. Expand rebates Free water efficient toilets Free low flow fixtures Questionsr MEMORANDUM, City of Lodi, Public Works Department To: City Council From: Public Works Director Date: June 4, 2015 Subject: Reporting Emergency, Water Conservation and Maintenance Issues At a recent Council meeting, information was requested regarding the reporting of violations of the water conservation ordinance. My response to the inquiry has expanded to include the contact information for reporting of a broad range of issues important to operations of the City. In my search, I have found most of the information within City of Lodi Directory Assistance manual that is annually published and distributed to City employees. I would suggest you consider creating an easy -to -find summary of the information provided below to make it easier for City employees to disseminate this information to our customers and residents. Issue Streets Division (traffic signs, trees, storm drain) Water/Wastewater Division (water leaks, sewer overflows) Water Conservation Violation Code Enforcement Electrical outage or downed power lines Trees in power lines Street light/traffic signal outage Contacts Email 368-5735 pwder)t@.Iodi.gov 368-5735 owdept0lodi.eov 333-6829 conservatilonftodi,cov 333-6823 www.lodi.gov 368-5735 lodielectric.com/euregort.asRx 368-6767 lodielectric, comleureoort. asm 368-6767 lodieledtric. corm/eureoort. asbit In addition, the City website (www.lodi.gov) Customer Service section on the homepage (right hand side) provid s an easy way to present a code enforcement complaint or to present a comment, c i plaint 04 concern on "Talk To Lodi". F. War, Sandelin Public Works Director FWS/DK/eb K:\WP\MEMOS\CM MEMO - EMERGENCY CONTACTS SUMMARY 060415.DOC