ITEM:		DISCUSSION ITEM
13.	REPORT ON RESCISSION OF STAGE 2 WATER CONSERVATION IN RESPONSE TO EXECUTIVE ORDER N-5-23
Meeting Date:			April 17, 2023	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines Section 15378

SUMMARY: Governor Newsom issued Executive Order No. N-5-23 on March 24, 2023. The Order rescinded paragraphs of Executive Order No. N-7-22 requiring the State Water Board to direct urban water suppliers to implement Level 2 of their water shortage contingency plans in response to unprecedented drought in California. The District (and California American Water) proactively triggered Stage 2 Water Conservation (Voluntary Reduction in Use) on June 1, 2022. Stage 2 automatically sunset without further action of the Board when the regulatory order was cancelled.

As a result of Executive Order No. N-5-23, Stage 1 Water Conservation (Prohibition on Water Waste) remains in effect. MPWMD Rule 162 is attached as Exhibit 13-A. Stage 1 is the lowest level of conservation and requires adherence to a long list of Water Waste rules, including the following:

· Water must only be served upon request of the customer in all restaurants/food service and there must be notification either on the table or on the menu of this requirement.

· All leaks, breaks, or other malfunctions in a water user’s plumbing or a water distribution system must be repaired within 72 hours of notification that a leak exists. Exceptions may be granted by the General Manager for corrections which are not feasible or practical.

· Drinking water used for irrigation or other outdoor purposes must not be allowed to run to waste.

· Potable water should not be used for washing driveways, patios, parking lots, tennis courts, or other hard surfaced areas, except in cases where health or safety are at risk and the surface is cleaned with a Water Broom or other water efficient device or method. Water should be used only when traditional brooms are not able to clean the surface in a satisfactory manner.

· Irrigation must be done before 9 a.m. or after 5 p.m. on Saturdays and Wednesdays only, except for irrigation overseen by a professional gardener or landscaper who is available on Site and that is not exceeding a maximum two watering days per week. Limited hand-watering with a positive-action shut off nozzle or another efficient hand irrigation method is allowed on other days as long as water is not running to waste.

o Irrigation using water from a well is exempt from the watering day restriction if irrigation is done in an efficient manner. Well irrigators located in urban areas are encouraged to display signage that indicates the water used for irrigation is from a well.

· Rental property managers/owners are required to provide tenants with information about the water conservation requirements, including the Water Waste and Non-Essential Water Use regulations of the District.

· If using a hose to hand water, a positive action shut-off nozzle is required.

RECOMMMENDATION: No action is required. This report was provided for information only.

BACKGROUND: On April 18, 2022, the board adopted Resolution 2022-15 triggering Rule 163 Stage 2 Water Conservation: Voluntary Reduction in Use on June 1, 2022. Stage 2 was activated by the “Regulatory Trigger” (Rule 163-A-4) when a water system is directed to reduce use by a governmental or regulatory agency. Governor Newsom in Executive Order N-7-22 directed the State Water Board to consider adopting an emergency regulation requiring urban water suppliers to implement Level 2 demand reduction and to ban irrigation of “non-functional turf” in commercial, industrial, and institutional sectors.

Implementation of Stage 2 was coordinated with Cal-Am. In addition to increased enforcement of the always-present Water Waste rules, there were efforts to increase information and outreach including new water efficiency workshops for the public, promotion of the rebate program, and conservation equipment available for free that could be picked up at the District and Cal-Am’s offices. In addition, staff is met with key members of the Monterey County Hospitality Association to review the existing hotel and restaurant requirements. Finally, non-residential and Common Interest Developments (condos) with non-functional turf were notified of the State’s requirement to cease irrigation, other than to provide water for trees in the turf areas.

EXHIBIT

13-A MPWMD Rule 162

13-B Governor’s Executive Order

U:\staff\Boardpacket\2023\20230417\Discussion Items\13\Item-13.docx