HomeMy WebLinkAbout14 Attachment 2, working-staff-draft-april20WORKING STAFF DRAFT OF PROPOSED TEXT OF OPERATIVE
CONSERVATION PROVISIONS OF EMERGENCY REGULATION
Version: April 20, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water
Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation
Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) "Commercial, industrial and institutional" refers to commercial water
users, industrial water users, and institutional water users as respectively
defined in Water Code, section 10608.12, subdivisions ()(i), and (j), and
includes homeowners' associations, common interest developments,
community service organizations, and other similar entities but does not
include the residences of these entities' members or seaarate interests.
(2) "Common interest development" has the same meaning as in section
4100 of the Civil Code.
(3) "Community service organization or similar entity" has the same
meanina as in section 4110 of the Civil Code.
(4) "Homeowners' association" means an "association" as defined in
section 4080 of the Civil Code.
(5) "Non-functional turf" means turf that is solely ornamental and not
regularly used for human recreational purposes or for civic or community
events. Non-functional turf does not include sports fields and turf that is
regularly used for human recreational purposes or for civic or community
events.
(6) "Separate interest" has the same meaning as in section 4185 of the
Civil Cnde_
(7) "Turf" has the same meaning as in section 491.
(8) "Urban water supplier" has the same meaning as Water Code section
10617.
(9) "Water shortage contingency plan" means the plan required by Water
Code section 10632.
Each urban water supplier shall submit to the Department of Water
Resources a preliminary annual water supply and demand assessment
consistent with section 10632.1 of the Water Code no later than June 1,
2022, and submit a final annual water supply and demand assessment to
the Department of Water Resources no later than the deadline set by
section 10632.1 of the Water Code.
(c) Each urban water supplier that has submitted a water shortage
contingency plan to the Department of Water Resources shall implement
by June 10, 2022, at a minimum, the demand reduction actions identified
in the supplier's water shortage contingency plan adopted under Water
Code 10632 for a shortage level of up to twenty percent (Level 2).
fAL Each urban water supplier that has not submitted a water shortage
contingency plan to the Department of Water Resources shall, by June 10,
2022, and continuing until the supplier has implemented the demand
reduction actions identified in the supplier's water shortage contingency
plan adopted under Water Code 10632 for a shortage level of up to twenty
percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water
conservation and promptly and effectively reach the supplier's customers,
using efforts such as email, paper mail, bill inserts, customer app
notifications, news articles, websites, community events, radio and
television, billboards, and social media.
(2) Implement and enforce a rule or ordinance limiting landscape irrigation
to no more than two days per week and prohibiting landscape irrigation
between the hours of 10:00 AM and 6:00 PM.
(3) Implement and enforce a rule or ordinance banning, at a minimum, the
water uses prohibited by section 995. Adoption of a rule or ordinance is
not required if the supplier has authority to enforce, as infractions, the
prohibitions in section 995 and takes enforcement aaainst violations.
Lej (1) To prevent the unreasonable use of water and to promote water
conservation, the use of potable water is prohibited for the irrigation of
non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by
this section to the extent necessary to ensure the health of trees and other
perennial non -turf plantings or to the extent necessary to address an
immediate health and safetv need.
A decision or order issued under this section by the Board, or an officer or
employee of the Board, is subject to reconsideration under article 2
(commencing with section 1122) of chapter 4 of part 1 of division 2 of the
Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100,
4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102,
104, 105, 275, 350, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water
Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th
1463; Stanford Vina Ranch lrrigation Co. v. State of California (2020) 50
Cal.App.5th 976.