HomeMy WebLinkAboutSuspension of Enfcmnt of PDMC 8.20 & 8.70STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: July 11, 2019
PREPARED BY: Pedro Rodriguez, Code Compliance Supervisor
REQUEST: Receive and file an informational report related to the suspension of
enforcement of Palm Desert Municipal Code Chapters 8.20 and
8.70 regarding brown lawns, and provide direction to staff regarding
this policy.
Recommendation
By Minute Motion, receive and file the informational report and provide
direction to staff.
Strateaic Plan Obiective
Energy & Sustainability Priorities
Priority 1: Reduce per capita consumption of energy and water.
Rationale: The well-being of future generations depends on the availability of energy
and water.
Strategy: Develop educational and funding sources to achieve the reduction desired.
Increase awareness and expand incentives for energy and water conservation.
Background Analvsis
This item is brought forward for consideration in response to a specific request by
Mayor Pro -Tern Nestande. In 2014, California experienced one of the driest years on
record. With the State's water supplies dropping to record lows, former Governor Jerry
Brown proclaimed a Drought State of Emergency urging California residents to reduce
water usage by twenty-five percent (25%). Due to the governor's proclamation, staff
was asked to develop and implement a nuisance water education program. The
purpose of the plan was to target water waste and reduce consumption. Staff was
tasked with identifying nuisance water waste and taking the necessary steps to educate
property owners in correcting the source of nuisance water.
In 2015, former Governor Brown proclaimed a Drought State of Emergency for a
second consecutive year. In conjunction with the proclamation, Assembly Bill 1 was
July 11, 2019 - Staff Report
Municipal Code Chapters 8.20 and 8.70
Page 2 of 2
adopted by the legislature to amend Section 8627.7 of the Government Code. The
amendment prohibited any city or county from imposing fines under any ordinance for
having a brown lawn or failure to water a brown lawn during a declared drought. In May
of 2015, a policy was drafted and adopted to comply with the changes in state law.
The policy directed staff to hold in abeyance enforcement action for property
maintenance standards relative to turf areas as outlined in the municipal code. The
main objective of the program was education. Upon observing brown or decaying lawns,
staff contacted homeowners to make recommendations to install desert style landscape
or some other type of ground cover. In cases where landscape conversions did not
occur, homeowners were required to maintain bare dirt areas by removing any
overgrowth of grass and weeds.
In April of 2017, former Governor Brown issued Executive Order B-40-17 lifting the
drought emergency declaration; however, the proclamation retains prohibitions on
wasteful practices and required advanced measures to make conservation a way of life.
The current policy was discussed following the issuance of the executive order. In an
effort to continue reducing our overall water consumption, it was determined to continue
holding in abeyance enforcement action compelling property owners to maintain green
turf areas.
Based on the above -noted, City staff is seeking direction from the City Council on
whether to continue with the current policy or resume enforcement of Palm Desert
Chapters 8.20 and 8.70 pertaining to turf areas.
Fiscal Analysis
There is no fiscal impact for this request.
LEGAL REVIEW
Robert W. Hargreaves
City Attorney
ATTACHMENTS:
DEPT. REVIEW
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Ryan Stendell
Director of Community
Development
FINANCIAL REVIEW CITY MANAGER
N/A
Janet Moore
Director of Finance
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Lauri Aylaian
City Manager
1. Nuisance Water Education and Enforcement Program Information
2. Staff Report
3. Memorandum & Drought Enforcement Strategy Program (May 20, 2015)
4. Government Code Section 8627.7
5. Executive Order B-29-15
6. Executive Order B-40-17
CITY OF PALM DESERT
Nuisance Water Education and Enforcement Program
In partnership with Coachella Valley Water District
PURPOSE AND SCOPE
The purpose of this plan is to describe and outline enforcement response procedures used to
accomplish nuisance water enforcement. The following are speck objectives outlined for use of
"Best Management Practices (BMP).° BMP means schedules of activities, prohibitions of practices,
general good housekeeping practices, maintenance procedures, educational programs, and other
management practices to prevent or reduce the discharge or runoff of nuisance water directly or
indirectly to the public right-of-way.
• Define the range of enforcement actions based upon the nature and severity of the violation.
Identify appropriate personnel who may initiate various education and enforcement actions.
• Illustrate the various documents that are used to implement the Enforcement Response Plan.
• Establish means of tracking progress towards compliance once enforcement has been
initiated.
• Promote compliance through education and consistent follow up actions.
FINDINGS
Because of the current statewide drought, and the declared policy of the State, the City finds and
determines that it is necessary and appropriate to adopt, implement and enforce a nuisance water
and conservation program in efforts to reduce water waste and promote conservation.
Education and enforcement of water waste resulting from damaged, unmaintained irrigation systems
and overspray is necessary to reduce nuisance water. The Coachella Valley Water District's
(CVWD) website has a link that allows residents to report nuisance water. CVWD has the field
personnel to respond and investigate nuisance water complaints.
Upon determining that nuisance water waste is occurring, CVWD will leave an educational door
hanger on the property and perform follow up inspections to ensure the problem is corrected.
However, they do not have enforcement authority or an enforcement mechanism in place.
1
Current Ordinance and Tvpes of Complaints
The Palm Desert Municipal code defines a public nuisance as, among other things:
8.20.020 (T-8): Gasoline, oil, grease, water or other materials which flow onto the public right-of-
way, or the excessive accumulation of refuse and waste, grease and oil on any paved surfaces,
buildings, structures, walls or fences.
The following are the types of complaints received by Code Compliance:
• Excessive water flow on to the public right-of-way such as a pool drain without a permit.
• Water spraying into the public right-of-way when there is broken or missing sprinkler head.
When a complaint is received, a code compliance officer responds to determine if a violation exists.
Upon determining that a violation exists, education and enforcement methods are exercised to gain
compliance.
RECOMMENDATION
Utilize CVWD process of complaint intake and follow up for nuisance water complaints. Place link of
CVWD complaint form on City website for Palm Desert Residents. After a complaint is received and
investigated by CVWD staff and no compliance is obtained, it will be forwarded to Code Compliance
for enforcement.
Provide door hangers and yard flags to all City field inspection staff, (code, public works, landscape,
building and fire dept.) in order to promptly address any nuisance water occurring in their presence
during field inspections of properties or while in the course of their daily duties. An inspector from any
of the above -mentioned divisions who observes a broken sprinkler spraying water into the street, can
mark the broken sprinkler with a yard flag and leave a door hanger on the property advising the
business or homeowner that nuisance water is occurring.
ENFORCEMENT RESPONSE PLAN
ENFORCEMENT AUTHORITY
Chapter 8.20 of the Palm Desert Municipal Code provides for enforcement and penalties against
property owners who fail to comply with the requirements of the ordinance. Section 8.20.190 of the
municipal code, provides that the owner, occupant or agent of any lot or premises within the city
who permits or allows the existence of a public nuisance, as defined in Section 8.20.010, upon any
lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this
chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty as
provided in Chapter 1.12 of this code. Pursuant to this chapter, Code Compliance Officers are
authorized to enter and inspect premises to enforce nuisance water violations as outlined in this
chapter.
APPLYING THE ENFORCEMENT RESPONSE PLAN
The enforcement response plan designates several alternative enforcement options for each type of
violation. Once a complaint is received, code compliance staff will select an appropriate response
from those options. Selection of the appropriate enforcement action will be based upon the
following criteria:
1. Voluntary Compliance
If the property owner attempts, in good faith, to comply, enforcement actions will be educational
with no punitive action.
2. Violation History of Proaerty
The property's compliance history will be reviewed before initiating enforcement action to
determine the proper enforcement action. The history and effectiveness of previous enforcement
responses for this type of violation should also be considered. More severe
enforcement actions could be taken against frequent and repeat violators.
3. Aggravated Violations
Violations that cause discharge of pollutants or harm to human health or the environment shall be
addressed through formal enforcement action and penalties as outlined in the National Pollution
Discharge Elimination System (NPDES) permit.
4. Magnitude and Duration of the Violation
Violations of greater magnitude or severity that continue over prolonged periods of time should
also be addressed through an escalated response. For example, a nuisance water violation,
such as a stuck valve that occurs continuously without any intervention for a duration of several
hours or days shall be considered severe and escalated response will be required to cease
water waste from continuing to runoff into the public right of way. Attempts to locate the source
of the runoff (such as a valve or irrigation timer) to manually close the valve may be necessary.
Notification will be posted on the property advising of actions taken to cure the violation.
ENFORCEMENT ACTIONS
The enforcement actions available to Code Compliance Officers have been divided into two (2)
categories: Informal and formal.
• Informal enforcement is generally less severe with educational and administrative notices only.
• Formal enforcement can involve fines and penalties.
The Enforcement Response Plan establishes the enforcement actions that are appropriate in
particular circumstances. In general, Code Compliance will respond to an initial violation with an
informal enforcement action: typically a Notice of Violation (NOV) and follow up for compliance. If
the violation(s) are not corrected, a formal letter will be mailed requesting compliance. It may
escalate to a citation if no compliance is achieved. Violations that are more severe and/or involve
repeat violators may be escalated directly to formal enforcement.
EDUCATIONAL AND ENFORCEMENT RESPONSIBILITIES
The following identifies the staff positions and their areas of responsibility:
EDUCATIONAL:
Coachella Valley Water District Staff:
(1) Upon receiving, investigating and following up on a nuisance water complaint, CVWD
policies and procedures will be exercised to gain compliance.
(2) Failure to obtain compliance, the case will be referred to the City of Palm Desert Code
Compliance Division for further enforcement action.
All Public Works Field Staff:
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
htt0://www.cvwd.orci/conservation/waterwaste.r)hD or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
Fire Safety Insaectors:
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
httr)://www.cvwd.orq/conservation/waterwaste.0hr) or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
Buildina and Safety Insaectors:
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
httr)://www.cvwd.orq/conservation/waterwaste.DhD or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
Code Compliance Officers:
(1) Upon observing and identifying nuisance water violations in field, will fill out and post
door hanger, place a yard flag on the source causing water waste.
(2) Refer the violation to CVWD via website compliant form
http://www.cvwd.orq/conservation/waterwaste.r)hr) or by calling 760-398-2551.
(3) When referring a violation to CVWD, indicate that a door hanger was left on the
property and the source of water waste was marked with a yard flag.
ENFORCEMENT:
Code Compliance Officers, uaon receiving a comDlaint from CVWD:
(1) Reviews complaint and responds with appropriate enforcement action.
(2) Initiates and tracks formal and informal enforcement actions.
(3) Coordinates compliance and monitoring.
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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: RECEIVE AND FILE INFORMATIONAL REPORT ON NUISANCE
WATER EDUCATION AND ENFORCEMENT PROGRAM
SUBMITTED BY: Pedro Rodriguez, Code Compliance Supervisor
DATE: July 10, 2014
CONTENTS: Nuisance Water Education and Enforcement Program
Copy of door hanger
Photo of yard flag
Recommendation
By Minute Motion, receive and file informational report on Nuisance Water Education
and Enforcement Program.
Background
California is facing one of the driest years on record, with the State's water supplies
dropping to record lows. This will continue to present problems throughout the State for
an undefined period of time. On January 17, 2014, Governor Brown proclaimed a State
of Emergency urging California residents to reduce water usage by 20 percent. At the
direction of the City Manager, staff was asked to develop and implement a nuisance
water education and enforcement program.
The purpose of the plan is to target water waste caused by improperly directed irrigation
heads and/or broken sprinklers spraying water into the public right-of-way. In
partnership with the Coachella Valley Water District (CVWD), all City field staff will be
tasked with identifying nuisance water waste and taking the necessary steps to educate
property owners in correcting the source of nuisance water.
The main objective of the program is education. Upon observing water waste, staff will
mark the broken sprinkler with a yard flag and place a door hanger on the property
advising the property owner that water is being wasted. Staff will then report the
address to CVWD via their website. CVWD will then dispatch their staff to investigate.
CVWD has the field personnel to respond and investigate overwatering complaints.
Staff Report
Wastewater Education and Enforcement Program
July 10, 2014
Page 2 of 2
However, they do not have enforcement authority or an enforcement mechanism in
place. If CVWD staff fails to gain compliance in correcting the source of water waste,
they will refer the matter to code compliance for enforcement action pursuant to
Chapter 8.20 of the Municipal Code. Attached for your review is the City's nuisance
water education and enforcement plan, a copy of the door hanger and photo of the yard
flag.
Fiscal Analvsis
The cost to implement this program was approximately $900 to purchase the door
hangers and flags.
Submitted by:
Pedro Rodriguez
Code Compliance Sup rvisor
Approval:
John/M. Wohlmuth, City Manager
Department Head:
r
Lauri Aylaian
Director of Community Development
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: John M. Wohimuth, City Manager
From: Pedro Rodriguez, Code Compliance Supervisor
Date: May 20, 2015
Subject: Suspension of enforcement to Municipal Code Chapters 8.20 and 8.70
For your review and approval, attached you will find a draft of a program 1 feel will be
effective as we are being asked to suspend enforcement of brown lawns due to the
drought. The main objective of the plan Is to allow the existence of brown lawns through
property maintenance and care while suspending enforcement action.
Staff will continue responding to complaints of brown lawns on a case by case basis in
order to determine if the turf is being maintained in a manner consistent with the
proposed policy. Trees, shrubs and all other plant materials will be required to be
maintained in accordance with the current maintenance standards. Once a dead or bare
dirt lawn is Identified, staff will make recommendations to install desert style landscape
or some other type of ground cover to reduce the blighted impact of bare dirt with
patches of dead and/or dying grass.
Attached for your review are copies of the proposed Drought Enforcement Strategy
Program, Nuisance Water Program and the Non -over seeding policy.
'�y f
PEDRO ODRIG
CODE COMPLIANCE SU VISOR
Rqvtgwed and Ap ved:
C
JO M. WOHLMUTH
CI MANAGER
CITY OF PALM DESERT
Drought Enforcement Strategy Program
PURPOSE AND SCOPE
The purpose of the Enforcement Strategy Plan for the City of Palm Desert is to promote public
education and awareness of the Governor's Executive Order and Coachella Valley Water District
resolution relative to meeting the mandated 36% reduction in water usage pertaining to the effects
on property maintenance of turf and landscape areas City wide.
• Educate the public regarding the abeyance of property maintenance ordinances relative to turf
areas City wide.
• Identify appropriate methods to maintain a dormant/brown lawn without allowing the root system
to deteriorate completely.
• Promote compliance through education.
• Continue reporting water waste utilizing the procedures in the Nuisance Water Program.
FINDINGS
Because of the current statewide drought, and the declared policy of the State, the City finds and
determines that it is necessary and appropriate to adopt and implement a policy to hold in abeyance
enforcement action for property maintenance standards relative to turf areas as outlined in the
municipal code.
Through pride of ownership and proper maintenance, property owners have established
"neighborhood compatibility standards" within their respective communities in order to maintain
aesthetically compatible properties consistent with the maintenance standards outlined in the City's
property maintenance ordinances. With the recent drought regulations mandating up to 36%
reduction in water use, the City finds it in the best interest of the community to suspend enforcement
action on turf landscape areas. Suspending enforcement will cause an impact to the aesthetics of
landscape areas in residential and commercial properties within the City. However, the City finds
that the benefits of the reduction in water usage during these extraordinary times outweigh the
temporary diminuation of aesthetic quality.
1
CURRENT ORDINANCE AND POLICIES
Municipal Code
Palm Desert Municipal Code Chapters 8.20 and 8.70 make it unlawful and a public nuisance for any
person that owns, leases, rents or occupies any property in the city to maintain such property such
that the substantial lack of maintenance to landscape, shrubs, plants or vegetation constitute an
unsightly appearance, public nuisance and fire hazard.
Non -over seeding Policv,
As outlined in the non -over seeding policy, it is recommended that all turf areas be irrigated at a
minimum of once per week to keep the turf root system from completely drying out, even if those turf
areas will be left dormant until the drought conditions dissipate. The turf areas should be maintained
in a manner that should include trimming, weeding, irrigation and fertilizing as necessary. This will
allow the turf to be restored when water supplies return to normal conditions.
CVWD Resolution and Proposed Legislation
Coachella Valley Water District adopted a resolution on May 12, 2015 outlining mandatory
restrictions in order to meet the Stage 3 goal of reducing 36% water use. CVWD is asking
municipalities within their boundaries to temporarily suspend code enforcement against residents
who intentionally permit their lawns to go dormant or brown because of the drought. Additionally, AB
1 is making its way through the legislative process to amend section 8627.7 of the Government
Code prohibiting a city or county from imposing fines under local property maintenance ordinance for
failing to water a lawn during a declared drought.
RECOMMENDATION
Due to the Governor's drought declaration and in conjunction with Assembly Bill 1 making its way
through the legislature, it is recommended that enforcement of Chapters 8.20 and 8.70 be suspended
until February of 2016, specifically pertaining exclusively to turf areas. The following is
recommended:
• The root systems of turf areas should not be allowed to completely dry up and die. Completely
shutting off the water will result in deterioration of the root system of the turf areas, which will
turn into bare dirt that will need to be landscaped anew when drought conditions abate.
• Turf areas should be maintained in a reasonable manner to include, but not be limited to,
trimming, weeding, reduced, but regular, irrigation to prevent the root system from dying,
fertilizing, and mowing. Yellow or brown areas of turf are to be expected, and trees and
shrubs may not grow as vigorously as during years of normal water supply. However, this
period of drought does not permit property owners to cease all imgation, to forego routine
pruning and trimming, to allow unchecked weed growth, or to allow shrubs and trees to be
unwatered, neglected or to languish and die unattended.
• Trees, shrubs and all other plant material should continue to be irrigated and maintained.
2
6/25/2019 https://Ieginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtmI?IawCode=GOV§ionNum=8627.7.&op_statues=2015&op_cha...
GOVERNMENT CODE - GOV
TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 2298o] ( Title 2 enacted
by Stats. 1943, Ch. 134. )
DIVISION 1. GENERAL [8000 - '899.501 ( Division 1 enacted by Stats. 1943, Ch. 134. )
CHAPTER 7. California Emergency Services Act [8550 - 8668] ( Chapter 7 added by
Stats. 1970, Ch. 1454. )
ARTICLE 13. State of Emergency [8625 - 86291 ( Article 13 added by Stats. 1970, Ch. 1454. )
(a) During a period for which the Governor has issued a proclamation of a state of emergency under this chapter based on
8627.7.
drought conditions, a city, county, or city and county shall not impose a fine under any ordinance for a failure to water a
lawn or for having a brown lawn.
(b) A violation of this section is not subject to the criminal penalties set forth in Section 8665.
(Added by Stats. 2015, Ch. 62, Sec. 2. (AB 1) Effective January 1, 2016.)
https://Ieginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?IawCode=GOV§ionNum=8627.7.&op_statues=2015&op_chapter-62&op_s... 1 /1
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Exel t e Pepa'tment
,$tote of Caliromia
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,
I 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, EDMUN❑ 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 B567 and
IT IS HEREBY ORDERED THAT:
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.
t;YslTJMYNIA11191V
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 fawns 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.
H
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
0. 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 Iimiting 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
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, 2015. 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, 2015, 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
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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, 11, 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 I have
hereunto set my hand and caused the
Great Seal of the State of California to
be affixed this 15t day of April 2015.
EDMUND G. BROWN JR-
Governor of California
IT1r>111r��
ALEX PADILLA
Secretary of State
Excrutiue Urvartment
�)tatr d Talifnrnia
EXECUTIVE ORDER B-40-17
WHEREAS California has endured a severe multi -year drought that has
threatened the water supplies of communities and residents, devastated
agricultural production in many areas, and harmed fish, animals and their
environmental habitats; and
WHEREAS Californians responded to the drought by conserving water at
unprecedented levels, reducing water use in communities by more than 22%
between June 2015 and January 2017; and
WHEREAS the State Water Resources Control Board, the Department of
Water Resources, the Department of Fish and Wildlife, the Office of Emergency
Services, and many other state agencies worked cooperatively to manage and
mitigate the effects of the drought on our communities, businesses, and the
environment; and
WHEREAS the State provided 66,344,584 gallons of water to fill water
tanks for communities suffering through drought -related water shortages,
outages, or contamination, and provided emergency assistance to drill wells and
connect communities to more robust water systems; and
WHEREAS the State took a number of important actions to preserve and
protect fish and wildlife resources, including stream and species population
monitoring, fish rescues and relocations, infrastructure improvements at trout and
salmon hatcheries, and infrastructure to provide critical habitat for waterfowl and
terrestrial animals; and
WHEREAS the State established a Statewide Water Efficiency and
Enhancement Program for agricultural operations that provides financial
assistance for the implementation of irrigation systems that save water; and
WHEREAS water content in California's mountain snowpack is 164
percent of the season average; and
WHEREAS Lake Oroville, the State Water Project's principal reservoir, is
101 percent of average, Lake Shasta, the federal Central Valley Project's largest
reservoir, is at 110 percent of average, and the great majority of California's other
major reservoirs are above normal storage levels; and
WHEREAS despite winter precipitation, the effects of the drought persist
in areas of the Central Valley, including groundwater depletion and subsidence;
and
_ - [X9
WHEREAS increasing long-term water conservation among Californians,
improving water use efficiency within the State's communities and agricultural
production, and strengthening local and regional drought planning are critical to
California's resilience to drought and climate change.
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, do hereby TERMINATE THE JANUARY
17, 2014 DROUGHT STATE OF EMERGENCY for all counties in California
except the Counties of Fresno, Kings, Tuiare, and Tuolumne.
l FURTHER ORDER THAT:
1. The orders and provisions contained in my April 25, 2014 Emergency
Proclamation, as well as Executive Orders B-26-14, B-28-14, B-23-15,
and B-36-15 are rescinded.
2. The orders and provisions contained in Executive Order B-37-16, Making
Water Conservation a California Way of Life, remain in full force and
effect except as modified by this Executive Order.
3. As required by the State Emergency Plan and Government Code section
8607(f), the Office of Emergency Services, in coordination with other state
agencies, shall produce an after -action report detailing the State's
response to the drought and any lessons learned in carrying out that
response.
MAINTAINING CONSERVATION AS A WAY OF LIFE
4. The State Water Resources Control Board (Water Board) shall continue
development of permanent prohibitions on wasteful water use and
requirements for reporting water use by urban water agencies, and to
provide a bridge to those permanent requirements, shall maintain the
existing emergency regulations until they expire as provided by the Water
Code. Permanent restrictions shall prohibit wasteful practices such as:
• Hosing off sidewalks, driveways and other hardscapes;
• Washing automobiles with hoses not equipped with a shut-off
nozzle,
• Using non -recirculated water in a fountain or other decorative
water feature;
• Watering lawns in a manner that causes runoff, or within 48
hours after measurable precipitation; and
• Irrigating ornamental turf on public street medians.
5. The Water Board shall rescind those portions of its existing emergency
regulations that require a water supply stress test or mandatory
6. The Department of Water Resources (Department) shall continue work
with the Water Board to develop standards that urban water suppliers will
use to set new urban water use efficiency targets as directed by Executive
Order B-37-16. Upon enactment of legislation, the Water Board shall
adopt urban water use efficiency standards that include indoor use,
outdoor use, and leaks as well as performance measures for commercial,
industrial, and institutional water use. The Department shall provide
technical assistance and urban landscape area data to urban water
suppliers for determining efficient outdoor use.
7 The Water Board and the Department shall continue to direct actions to
minimize water system leaks that waste large amounts of water. The
Water Board, after funding projects to address health and safety, shall use
loans from the Drinking Water State Revolving Fund to prioritize local
projects that reduce leaks and other water system losses.
8. The Water Board and the Department shall continue to take actions to
direct urban and agricultural water suppliers to accelerate their data
collection, improve water system management, and prioritize capital
projects to reduce water waste. The California Public Utilities Commission
is requested to work with investor -owned water utilities to accelerate work
to minimize leaks.
9. 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.
16. All state agencies shall continue response activities that may be needed to
manage the lingering drought impacts to people and wildlife. State
agencies shall increase efforts at building drought resiliency for the future,
including evaluating lessons learned from this current drought, completing
efforts to modernize our infrastructure for drought and water supply
reliability, and shall take actions to improve monitoring of native fish and
wildlife populations using innovative science and technology.
CONTINUED DROUGHT RESPONSE IN FRESNO, KINGS, TULARE, AND
TUOLUMNE COUNTIES
11. The Water Board will continue to 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.
12. The Department and the Water Board will accelerate funding for local
water supply enhancement projects and will continue to explore if any
existing unspent funds can be repurposed to enable near -term water
conservation projects.
0
shortages. It will also identify emergency interconnections that exist
among the State's public water systems that can help these threatened
communities. The Department, the Water Board, the Office of Emergency
Services, and the Office of Planning and Research will work with local
agencies in implementing solutions to those water shortages.
14. For actions taken in the Counties of Fresno, Kings, Tulare, and Tuolumne
pursuant to directives 11-13, 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, as well as
Division 13 (commencing with section 21000) of the Public Resources
Code and regulations adopted pursuant to that Division, are hereby
suspended. These suspensions apply 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,
15. California Disaster Assistance Act Funding is authorized until June 30,
2017 to provide emergency water to individuals and households who are
currently enrolled in the emergency water tank program.
16. State departments shall commence all drought remediation projects in
Fresno, Kings, Tulare, and Tuolumne Counties within one year of the date
of this Executive Order.
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 of this Order.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 7th day
of April 2017,
EDMUN❑ G. BROWN JR,
Governor of California
ATTEST:
California's Emergency drought Declaration Is Lifted
State advances measures to make conservation a way of life
California Under Drought
Climate change means increasingly extreme and unpredictable weather.
We have seen record -high temperatures and record -low precipitation
during this historic five-year drought.
Frequent, large storms this fall and winter eased drought conditions
across California. Most major reservoirs have recovered, and an above -
average snowpack will feed lakes well into summer. For the most part,
the severely dry conditions that afflicted much of the state since 2012
are gone.
Learning from the Drought
California faces challenges from climate change and a growing
population. We have learned from the drought and incorporated these
lessons into the state's Water Action Plan, a five-year road map for
sustainable water management.
A few components of the Plan:
Conservation as a way of life: Reducing
statewide water usage is necessary to ensure the
r resilience of our water supplies for increasingly
severe and frequent droughts. That's why the state
bolstered the Save Our Water campaign, offered
rebates to retrofit fens of thousands of inefficient
toilets, replaced 50 million square feet of turf with
draught -tolerant landscapes, required agricultural
water management plans and more.
Sustainable Groundwater Management
Act (SGMA): [luring times of draught many
communities depend on groundwater supplies. But
over reliance has led to a rapid depletion of this
critical water source. Groundwater aquifers need to be
replenished. SGMA provides a regulatory framework
for sustainable, local groundwater management for
the first time in California history.
Investing in Drought Solutions
The state has deployed numerous resources —fiscal, logistical, and
personnel —in responding to the impacts of the drought. This includes
Proposition 1, which was passed by a 67% majority of California voters
in 2014- It authorized $7.5 billion in general obligation bonds to fund
ecosystem and watershed protection and restoration, and water supply
infrastructure projects, including surface and groundwater storage and
drinking water protection.
20M 2006 2007 2008 zaps zala 2011 2012 2013 2014 2015 20.6
California has experienced near -retard tern per atures in recent years.
Source: Califernia Department of Water Resources
Improve Drinking Water: Millions of Californians,
especially those in disadvantaged communities, rely in
part on unsafe drinking water. California has unproved
the organization of our water quality programs and
created new tools to ensure every Californian has
access to clean, safe, and affordable water.
Restoring Important Ecosystems: Prolonged
drought also affects the state's fish and wildlife,
exposing and exacerbating population vulnerabilities.
The state invested tens of millions of dollars in habitat
..-, restoration projects designed to address immediate
drought concerns and increase resiliency to climate
change.
Real-time Management of Water Project
Operations: Especially in drought conditions, real-
time management can have substantial fishery, water
NO
%;-.^ .... quality, and water supply benefits. To improve water
'~ supply reliability and consequently improve drought
preparedness, the state increased the flexibility of
its water infrastructure to ensure adequate levels
in reservoirs, manage water temperatures for fish
upstream, develop salinity barriers to protect fresh
water and more.
Flood Improvements Since 2014,
Water and s737 million the state has
F infrastructure Projects —4 Conservation and appropriated $6.6
brought Relief billion for drought
f$246,5 mmmn response.
■� Mum an Assistance
$164.4 million
Public Safely s376
s.376.8 minion
Environmental
Protection
$95.7 million
While the emergency drought declaration has been lifted, the state should maintain directives that promote
a sustainable water future and prohibit wasteful practices.
J61 W, itw
cdfa
Boards
Joao . ,ce�cu�ruu
Fact Sheet
Making Water Conservation a California Way of Life
On May 9, 2016 Governor Edmund G. Brown Jr. issued Executive order B-37-16 (EO or Order) directing State Agencies
to establish a long-term framework for water conservation and drought planning. The Order builds on the
conservation accomplished during the historical drought and implementation of the Governor's Water Action Plan.
The named agencies include California Department of Water Resources (DWR), State Water Resources Control Board
(Water Board), California Public Utilities Commission (CPUC), California Department of Food and Agriculture (CDFA),
and California Energy Commission (CEC) (collectively, FO Agencies). The full text of the Executive Order can be found at
the Governor's Office Website, https://www.gov.ca.gov/dots/5.9.16_Attested_Drought_Order.pdf.
OVERVIEW OF E❑ IMPLEMENTATION
The order has four primary objectives: (1) use water more wisely, (2) eliminate water waste, (3) strengthen local
drought resilience, and (4) improve agricultural water use efficiency and drought planning. There are thirteen specific
items under these four primary objectives for EO Agencies to implement. In addition, the Order further directs DWR,
the Water Board, and CPUC to develop methods for reporting, compliance assistance and enforcement.
The EO Agencies employed a robust
stakeholder engagement process, which
commenced with a series of public listening
sessions in June 2016. Subsequently, the EO
Agencies convened two stakeholder advisory
groups — an Urban Advisory Group and an
Agricultural Advisory Group — comprised of
specific stakeholder types identified in the
Executive Order, as well as additional
interests such as disadvantaged communities .
and environmental justice advocates,
academia, industry, professional associations,
and others. These meetings were open to the
public and used to solicit input for EO Agency
I
1
it \
consideration in developing the long-term
framework for water conservation. The framework development, its associated public outreach and stakeholder
engagement process, and the public comments received are available at DWR's website, http.,//www.water.ca.gov/
wateru seeffi ci e n cy/conservation/,
The final framework report was released ❑n April 7, 2017. This Report, titled Making Water Conservation a California
Way of Life, Implementing Executive Order 8-37-16, addresses EO requirements, provides information to the
Legislature and other interested parties on the EO Agencies' proposed framework for efficient water use, and includes
a proposed implementation timeline. Collectively, the EO Agencies will be undertaking a suite of actions that can be
implemented using existing authorities, ranging from rulemaking proceedings to expanded technical assistance, to
evaluation and certification of new technologies to implement the four objectives. Where necessary, the EO Agencies
have also recommended additional actions and authorities to meet EO requirements that require legislation for
implementation.
Apri 12017
Key elements of the proposed framework are included below. The
Administration is proposing legislation for water conservation standards and
The intent of the proposed
reporting, urban water shortage contingency planning, and agricultural water
long-term conservation
management planning.
framework is to.
(1) Facilitate a fundamental
USE WATER MORE WISELY
shift of conservation
Emergency Conservation Regulations (EO Item 1). The Water Board's
implementation to a more
emergency conservation regulations expire on November 25, 2017. After
durable, equitable, and
evaluating current hydrologic conditions across California, the Water Board
consistent framework for
will rescind the emergency requirement for a water supply stress test or
the State;
mandatory conservation standard for urban water agencies, but, to provide a
(2} Provide greater statewide
bridge to permanent requirements, it will continue to require monthly
reporting and to prohibit wasteful practices (see below).
consistency in preparing
Urban Water
New Water Use Targets (EO Items 2 and 6). Upon statutory authorization,
Management Plans, Water
the EO Agencies would adopt new water use standards for all urban water
Shortage Contingency
use and a new urban water use target methodology. Urban water suppliers
Plans, and Agricultural
would, in turn, be required to calculate their unique water use targets based
Water Management Plans;
on those standards and local conditions. The EO Agencies will establish
and continue to work with
provisional standards that are applicable starting in 2018, adopt the final
standards by 2021, and require full compliance with final targets by 2025. The
counties to improve
proposed standards and implementation are not intended to affect or
drought planning in small
otherwise limit any rights to water conserved under applicable law, including
communities and rural
the California Water Code Section 1011.
areas;
Permanent Monthly Reporting (EO Item 3). The Water Board will open a
(3) Enable water suppliers to
rulemaking process to establish permanent monthly urban water reporting on
customize their water
water usage, amount of conservation achieved, and any enforcement efforts.
management strategies
The rulemaking will run through 2017, concurrently with EO Item 4, below.
and plan implementation
to regional and local
ELIMINATE WATER WASTE
conditions;
Water Use Prohibitions (EO Item 4). The Water Board will open a rulemaking
(4) Empower water suppliers
process to establish permanent prohibitions on wasteful water practices,
to take a place -based
building on the current prohibited uses in the emergency regulation. The
response to water
rulemaking will run through 2017, concurrently with EO Item 3, above.
shortages caused by
Minimizing Water Loss (EO Items 5 and 6). The EO requires ❑WR and the
drought or other water
Water Board to direct actions to minimize system leaks, accelerate data
emergencies, and
collection, improve system management, and prioritize capital projects that
(5) Incentivize use of new
reduce water waste. The EO Agencies will meet the requirements of E❑ Items
technologies and set
5 and 6 through implementation of Senate Bill 555, along with additional
actions to satisfy the Executive Order's directives related to reducing water
standards to reduce leaks,
supplier leaks. The implementation actions include adopting rules by DWR in
2017 for validated water loss audit report, establishing water loss
performance standards by the Water Board by July 1, 2020, providing
technical assistance for water loss audits, and offering financial assistance
through the Drinking Water State Revolving Fund, The CPUC ordered large,
investor -owned water utilities to accelerate work to minimize leaks by
adopting Resolution W-5119 on December 1, 2016, to acknowledge the
progress these utilities have made in keeping non -revenue water percentages
stable and to encourage further work to accelerate actions to minimize leaks,
April 2017
recognizing that system
Summary Report Organization
leaks are one component
of non -revenue water.
Chapter 1-Introductiondescribesthe purpose of this
The CPUC may grant
report, itsdevelopment process, and its organirat ion. It
financial incentives for
also highlights key event and activities related to water
conservation in California, and summarizes the
minimizing leaks during
Governor's mandate and proposed framework for
the review of each
realtringwater conservation a s a California way of life.
utility's upcoming
General Rate Case
'V-TIONS & RECOMMENDATIONS N
application.
_
Chapter 7 - Directives Impletnented Within Existing
Authorities describes actions that can be implemented
Innovative Water Loss &
r
under existing policy or fegulatory authorities, including
2017 water conservation regulations, permanent
Control Technologies (EO
restrictions on water waste, efforts to reduce water
item 7). The CEC will
supplier leaks and system losses, and certification a
continue to evaluate
innovative technologies for water and energy conservation.
Chapter3-Recommen dations that RectuireNew and
technologies for water
Expanded Authornitiestolmpiement describes
loss detection and control
recommendations for implementing remaining directives.
and work with EO
including new water use targets, water shortage
contingency plans, drought planning for small systems and
agencies and
rural communities, and agricultural management plans
/
stakeholders to provide
new information. The CEC
�R
s i'a;.1�.• °: nil ! :: Il I
is also making
s•
m
Chapter 4 - Impleenting the Conrrra setion Framework
provides a summary and timeline for implementing the
investments in research
EO actions and recommendations -
and funding programs for
-
water saving devices and
�•r••
technologies.
At tachmrnt A- Executive Order B-37-16
Attachment B-Public outreach & Stakeholder Engagement
STRENGTHEN
LOCAL DROUGHT RESILIENCE
1011 Water Conservation Regulations
Monthly RewnLng and Permanent
Prohibition of Wasteful Practices
Reduced Water Supplier leaks and
Water Losses
■ Certification of Innovative Technologies
fat Water Conservation and Energy
EFf*enw
New Water use Target, Based on
Strengthened Standards
Water Shortage Gorrtvtgenry Plans
Drought Plaming for 5rnall Systems and
Rural Comrmxtities
Agricultural Water Managernent Plans
Water Shortage Contingency Plans (EO Items 8, 9, and 6). Upon statutory authorization, urban water suppliers
would be required to submit Water Shortage Contingency Plans and conduct 5-year Drought Risk Assessments every
five years, and conduct and submit water budget forecasts annually. The EO Agencies would establish appropriate
compliance and reporting criteria, and provide assistance to urban suppliers for meeting the requirements. Additional
authorities would be required for successful implementation.
Drought Planning for Small Water Suppliers and Rural Communities (ED Item 10). The EO Agencies'
recommendations focus on improving drought vulnerability assessment and proactive response actions, and supplier
readiness and responsiveness during drought conditions. Currently, the recommendations focus on pathways for the
EO Agencies to continue to work with cities, counties and stakeholders to develop more specific, functional
recommendations, which are expected to continue into 2017. Additional authorities may be required for successful
implementation.
IMPROVE AGRICULTURAL WATER USE EFFICIENCY AND DROUGHT PLANNING
Strengthened Agricultural Water Management Plan Requirements (ED Items II, 12, I3, and 6). Upon statutory
authorization, each agricultura# water supplier would be required to: (1) develop an annual water budget for the
agricultural water service area, (2) identify agricultural water management objectives and implementation plans, (3)
quantify measures to increase water use efficiency, and (4) develop an adequate drought plan for periods of limited
supply. The EO Agencies recommendation would expand existing requirements to require agricultural water suppliers
providing water to over 10,000 irrigated acres of land to prepare, adopt, and submit plans by April 1, 2021, and every
five years thereafter. Expanded authorities would be required for successful implementation.
April 2017
Actions and Recommendations Addressed in EO 8-37-16 Summary Report, Making Woter Conservation a
California Way of Lrfe
2.1 Emergency Water
Conservation s
Regulations for 2017
2.2 Permanent
Prohibition of J
Wasteful Practices
2.3 Reduced Water
Supplier Leaks and * �'
Water Losses
2.4 Certification of
Innovative
Technologies for
Water Conservation
and Energy Efficiency
3.1 New Water Use
Targets Based on
Strengthened
i
Standards
.........--........ ...... l - I 1..--.-.....- - -- ..................1. ..... i. 1 i
3.2 Water Shortage . . , V"
Contingency Plans
3.3 Drought Planning
for Small Systems &
Rural Communities
3.4 Agricultural
Water Management V/
Pla ns
(Vote: The Executive Order directs DWR, Water Board, and CPLIC to develop methods to ensure compliance with the provisions
of the order, including technical and financial assistance, agency oversight, and, if necessary, enforcement action by the Water
Board to address non -compliant water suppliers. These are described in Chapters 2 and 3.
More Information: htto://www.water.ca.eovlwateruseefficiencv/conservation/
Contact Us: WUE@water.ca.sov
April 2017 4