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ITEM: |
ACTION ITEM |
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2. |
EMERGENCY WATER CONSERVATION
REGULATIONS AND TRIGGERING STAGE 2 WATER CONSERVATION |
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Meeting
Date: |
May 26, 2022 |
Budgeted: |
N/A |
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From: |
David J.
Stoldt, |
Program/ |
N/A |
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General
Manager |
Line Item No.: |
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Prepared
By: |
Stephanie Locke |
Cost
Estimate: |
N/A |
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General Counsel Review: Yes. |
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Committee Recommendation: N/A |
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CEQA Compliance: This action does not constitute a project as defined by
the California Environmental Quality Act Guidelines Section 15378 |
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SUMMARY: On
April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, Governor Newsom
proclaimed states of emergency that continue today and exist across all the counties
of California, due to extreme and expanding drought conditions. On March 28,
2022, in Executive Order N-7-22, the Governor affirmed that the orders and
provisions contained in the four Proclamations from 2021 remain in full force
and effect, except as modified by those Proclamations, and called on all
Californians to reduce water use and directed specific State agencies to take
actions in support of water conservation. Immediate action is needed to ensure
water suppliers and all Californians are taking sufficient actions to conserve
water and preserve the State’s water supply.
Executive Order N-7-22 directs the State Water Resources Control Board (State
Water Board) to consider adopting an emergency regulation by May 25, 2022 that
requires urban water suppliers to submit preliminary supply and demand
assessments to the California (CA) Department of Water Resources by June 1,
2022; that requires urban water suppliers to implement Level 2 demand reduction
actions by a date determined by the State Water Board; and that defines “non-functional
turf” and bans the irrigation of non-functional turf in commercial, industrial,
and institutional sectors. Emergency regulations adopted under Water Code section
1058.5 may remain in effect for up to one year, unless rescinded earlier, or extended
by the State Water Board.
Resolution 2022-15 anticipates adoption of the regulation by the State
Water Board on May 24, 2022 by triggering Rule 163 Stage 2 Water Conservation: Voluntary Reduction in Use on June 1, 2022 (Exhibit 2-D). Stage 2 is activated by the
“Regulatory Trigger” (Rule 163-A-4) when a water system is directed to reduce
use by a governmental or regulatory agency. The State Water Board’s regulation (Exhibit 2-A) applies to the California American Water
(Cal-Am) system.
Implementation of Stage 2 is being coordinated with Cal-Am. In addition
to increased enforcement of the always-present Water Waste rules found in Rule
162 (Exhibit 2-C), there
will be increased information and outreach to Residential and Non-Residential
customers, new water efficiency workshops for the public, and promotion of the
rebate program and conservation equipment available at the District and
Cal-Am’s offices. In addition, staff is meeting with key members of the
Monterey County Hospitality Association to review the existing hotel and
restaurant requirements. Finally, Non-Residential and Common Interest
Developments with non-functional turf will be notified of the State’s
requirement to cease irrigation, other than to provide water for trees in the
turf areas.
The proposed regulation makes non-compliance an infraction punishable by
a fine of up to $500 for each day the violation occurs. The District has
additional Water Waste fees that are listed in Rule 60’s Fees and Charges
table.
RECOMMENDATION: The Board should adopt Resolution 2022-15 (Exhibit 2-B) with an implementation date of June 1, 2022.
EXHIBIT
2-A State Water Board Resolution and Proposed Regulation
2-B MPWMD Resolution 2022-15
2-C Rule 162- Stage 1 Water Conservation: Prohibition on Water Waste
2-D Rule 163- Stage 2 Water Conservation: Voluntary Reduction in Use
U:\staff\Boardpacket\2022\20220526\02\Item-2.docx