WATER DEMAND COMMITTEE
ITEM:	ACTION ITEMS
B.	DISCUSS BASELINE OUTDOOR WATER REQUIREMENTS AND PROVIDE DIRECTION TO STAFF
Meeting Date:		June 8, 2004	Budgeted: N/A
Staff Contact:		Stephanie Pintar	Program/Line Item No.: N/A
			Cost Estimate: N/A
General Counsel Approval: N/A
Committee Recommendation:
CEQA Compliance: N/A

SUMMARY: On October 30, 2003, the Board directed staff to develop two conservation ordinances to expand the District’s baseline conservation requirements. One ordinance would establish baseline conservation measures for indoor water use, and the other would establish sustainable landscape regulations that embody baseline measures for outdoor water use. This direction came after consideration of the first reading of Ordinance No. 112, an ordinance that proposed a number of baseline conservation measures. The following information addresses development of outdoor water use baseline conservation requirements.

DISCUSSION: The District does not presently have enforceable, understandable outdoor water use requirements that conserve water. The following items should be considered in developing an ordinance to address outdoor water use:

1. Basic Conservation Requirement. The District’s regulations should be equivalent to, or more restrictive than, those provided by the State’s Model Local Water Efficient Landscape Ordinance. A copy of this lengthy document can be found on the web at http://www.owue.water.ca.gov/docs/WaterOrdIndex.cfm. The District’s baseline requirements should apply to homeowner-provided landscaping and projects with landscaped areas of less than 2,500 square-feet that are exempt from the State’s Model Local Water Efficient Landscape Ordinance, although the District may want to consider exemptions for properties that utilize xeriscape techniques exclusively. Implementation of higher District standards will require buy-in and assistance from the local jurisdictions.

Until now, District staff has left enforcement of the State’s landscape directive to the jurisdictions. However, as the majority of residential water use appears to be outdoor-related, it may now be timely for the District to work with the Cities and County to enforce the provisions of this law, or to take ownership of the local regulations related to outdoor water use. This would also be an opportunity to address areas, such as homeowner-installed landscaping, that are not dealt with in the Model Landscape Ordinance.

2. Rain Sensors. Rain sensing technology should be required on automated irrigation systems. The District should consider requiring rain sensors to be installed on all new automated irrigation systems and on all existing non-residential irrigation systems. Existing non-residential systems should be given a grace period to install the sensors. A rain sensor can be easily installed on most existing irrigation systems. The rain sensor merely overrides the cycle and shuts off the system until the rain sensor’s disks dry out. The irrigation system’s timer will then come back online to the regular irrigation schedule.

3. Landscape Water Audits and Irrigation Budgets. The District should develop incentives for local landscape professionals to receive water audit/budgeting certification. Currently, Cal-Poly offers certification training in several locations throughout California. Staff is looking into the possibility of having a certification course taught in the Monterey area. This would benefit the District by increasing the capacity to conduct landscape water audits and to develop budgets as required by the District’s Expanded Water Conservation and Standby Rationing Plan.

4. Access to Cal-Am Consumption Records. The District must have the ability to access Cal-Am customer consumption information to verify consumption and to assist Cal-Am with water use management. Staff believes that access to water records is essential to its ability to adequately track water use. Cal-Am is unwilling to allow the District access to its records. Access to water consumption records is essential to be able to complete water budgets and to provide adequate customer service during water shortages.

5. Rebates for Exterior Retrofits. The District should consider expanding the rebate program to include rebates for installation of automatic irrigation systems and drip irrigation systems that include rain sensors to prevent outdoor watering during wet periods.

6. Cisterns. Rainwater collection and cistern systems could be required for landscaping installed in new construction.

Staff’s main concern about modifying the existing conservation program involves human resources and the ability to implement and enforce new programs without adding staff. At this time, due to inadequate staff resources the Water Demand Division staff is implementing only mandatory programs, with delays in the inspection/verification process, correspondence, enforcement, and permit processing. The burden of implementing a baseline outdoor water conservation program would result in shifting the existing workload, resulting in increased processing times. As the current workload involves only essential activities, shifting priorities would not free up additional man-hours, and it would result in further delays and frustration on the part of the public.

Coordination with the District’s Policy Advisory Committee (PAC), the local architects/draftspersons, landscaping industry, realtors and others is essential to creating and then implementing a successful outdoor water conservation program. Again, resources are necessary to bring about the level of buy-in and coordination needed to successfully implement this type of program. Without commitments from the jurisdictions and others to educate and enforce the new standards, any new baseline requirement will not be successful.

RECOMMENDATION: Staff recommends the Board provide direction to staff on development of baseline outdoor water use requirements.

Given the current staffing situation and since the local jurisdictions are the land use authorities, it may be appropriate for the District to require the jurisdictions to implement new outdoor water use regulations, particularly as the new requirements would impact local permitting and enforcement functions. As a party to the Memorandum of Understanding Regarding Urban Water Conservation in California (a copy of this lengthy document is available for review at the District office or can be found on the web at http://www.cuwcc.org/memorandum.lasso), Cal-Am is required to cooperate with the local jurisdictions to develop and implement landscape water conservation requirements (Best Management Practice 6). In fact, Cal-Am’s 2000-2005 Urban Water Management and Water Shortage Contingency Plan states: “The Company will continue to support MPWMD, the Cities and the County in their implementation of both locally developed and state mandated water conservation ordinances.”

BACKGROUND: In September 1990, Governor Pete Wilson signed Assembly Bill 325 directing the Department of Water Resources to adopt a Model Local Water Efficient Landscape Ordinance by January 1, 1992. A team of interested stakeholders such as landscape and construction industry professionals, members of environmental protection groups, water agencies and state and local government created a Model Water Efficient Landscape Ordinance. By January 1993, local agencies were required to adopt a Local Water Efficient Landscape Ordinance, adopt the State Model Water Efficient Landscape Ordinance or make a statement that due to water availability and other factors an ordinance was not necessary. Cities and counties are required to enforce the ordinance as it applies to new and rehabilitated public and private landscapes that require a permit and on developer installed residential landscapes. The ordinance does not apply to landscapes under 2,500 square feet, homeowner-installed residential landscapes, cemeteries, registered historical sites and ecological restoration and mined reclamation areas without permanent irrigation systems.

As stated earlier, enforcement of the State’s landscape directive has been left to the jurisdictions. The District’s current outdoor water conservation requirements are minimal: New construction is required to install drip irrigation “where appropriate.” The District relies on the jurisdictions to require and enforce water conservation standards. The District also debits outdoor water use for new construction using a fixture unit value of one-half the total interior fixture units. While this water use estimate appears to be appropriate for standard city lots, it underestimates the outdoor water needs for large residential lots. Draft Ordinance No. 111 includes a new factor for large lots utilizing the water budget for the landscaping to determine the appropriate deduction. As the concept of water budgeting is utilized in the new ordinance, it is also appropriate that it would be used in any new conservation standards.

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