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HomeMy WebLinkAbout10 - Update on Water Use and Conservation Efforts April 2016May 24, 2016 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Murdoch, Municipal Operations Director - 949-644-3011, gmurdoch@newportbeachca.gov PREPARED BY: Cynthia Owens, Administrative Manager, cowens new ortbeachca. ov PHONE: 949-644-3057 TITLE: Update on Water Use and Conservation Efforts April 2016 ABSTRACT: The City reduced overall water consumption in April 2016 by 28 percent when compared to April 2013, which brings our cumulative average since June 2015 to 21 percent. On May 9, 2016, the Governor issued an Executive Order that directs the State Water Resources Control Board (State Board) to adjust and extend its emergency water conservation regulations through the end of January 2017. The State Board released the proposed text of the new regulations on May 9, 2016 and will consider adoption at their May 18 meeting. This report provides an update on City water use reductions, water conservation efforts, enforcement, and proposed regulations. RECOMMENDATION: a) Determine that the action is (CEQA) pursuant to Sections because it will not result in indirectly; and b) Receive and file. FUNDING REQUIREMENTS: exempt from the California Environmental Quality Act 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines a physical change to the environment, directly or There is no fiscal impact related to this item. 10-1 Update on Water Use and Conservation Efforts April 2016 May 24, 2016 Page 2 DISCUSSION: Water Use Reductions The City's overall usage for the month of April was 28 percent lower when compared to the same month in 2013. The City's cumulative water reduction since June 2015 is 21 percent. The table below reflects the progress of the City's efforts to reduce water consumption by month. The green bar is the monthly reduction from 2013 and the blue bar is the cumulative total. The data for this chart is derived from the metered water from our wells and import connections. Reduction 32% 30% 28% 26% 24% 22% 20% 18% 16% 14% 12% City of Newport Beach Water Use The Statewide emergency regu l ations have been extended through October 2015. The current State mandated monthly and cumulative standard for Newport Reach is 21 percent. Jun -15 Jul -15 Aug -15 Sep -15 Oct -15 Nov -15 Dec -15 Jan -16 Feb -16 Mar -16 Apr -16 May -16 Jun -16 Jul -16 Aug -16 Sep -16 Oct -16 Monthly Reduction Cumulative Reduction — — Previous State Standard — — New State Standard Note: Compliance with the State requirements are measured monthly and assessed on a cumulative basisforthe period of June 2015 through October 2016. The chart below reflects the cumulative efforts by customer class from June 2015 through April 2016 when compared to the same months in 2013. Water consumption data is displayed in HCF (1 HCF = 748 gallons). The gold bar represents water consumption from June 2015 through April 2016 and the blue bar represents water consumption for the same months in 2013. The data for this chart is derived from the customer's bi-monthly water billing use. Please note the data is averaged over a two month period and may not match the above chart. 10-2 Update on Water Use and Conservation Efforts April 2016 May 24, 2016 Page 3 Overall Water Consumption Reduction June 2015 -April 2016 When Compared to the Same Months in 2013 3,000,[700 2,500,000 2,[700,(700 1,500„000 1,000,000 1,028,270 166,666 912,252 776,834 550,152 500,000 460, 468 400,257 97, 211 84,537 191,584 146,051 Single Family Sprinkler Other City Sprinkler 0 2013 Use 766,666 550,152 191,584 2015/2016 Use 460,468 400,257 146,051 - Percent Reduced -40% -27% -24% Water Conservation Efforts 2,764,307 2,242,575 In April, City staff took the following actions to encourage the reduction of water use by residents and businesses: Replaced turf at Kings Road Park and Spyglass Park with drought tolerant landscape and drip irrigation; Coordinated with Belcourt Home Owners Association to replace an additional 10,000 square feet of turf with drought tolerant landscape; Contacted the top 50 water users for both commercial and residential accounts; Conducted a California friendly landscape class at the Civic Center; Attended the Corona del Mar Residents Association event at the Sherman Library and provided drought information; Provided a drought outreach booth at the Earth Day at the Bay event; and Participated in the National Mayor's Challenge for water conservation. Enforcement In April, the City issued 744 notices of violation (NOVs) for water use and an additional 13 notices for other water related issues totaling 757. Because of the NOVs issued in February, 899 customers met their water use reduction target while 385 customers did not and received administrative citations. Twelve administrative appeal hearings were conducted in April; ten were upheld as valid, one was dismissed, and one hearing was 10-3 1,028,270 912,252 776,834 677,170 97, 211 84,537 Single Family Multi-Pamily City Meter Commercial 2,764,307 776,834 97,211 1,028,270 2,242,575 677,170 84,537 912,252 -19% -13% -13% -11% In April, City staff took the following actions to encourage the reduction of water use by residents and businesses: Replaced turf at Kings Road Park and Spyglass Park with drought tolerant landscape and drip irrigation; Coordinated with Belcourt Home Owners Association to replace an additional 10,000 square feet of turf with drought tolerant landscape; Contacted the top 50 water users for both commercial and residential accounts; Conducted a California friendly landscape class at the Civic Center; Attended the Corona del Mar Residents Association event at the Sherman Library and provided drought information; Provided a drought outreach booth at the Earth Day at the Bay event; and Participated in the National Mayor's Challenge for water conservation. Enforcement In April, the City issued 744 notices of violation (NOVs) for water use and an additional 13 notices for other water related issues totaling 757. Because of the NOVs issued in February, 899 customers met their water use reduction target while 385 customers did not and received administrative citations. Twelve administrative appeal hearings were conducted in April; ten were upheld as valid, one was dismissed, and one hearing was 10-3 Update on Water Use and Conservation Efforts April 2016 May 24, 2016 Page 4 continued to June. The table below depicts the number of notices and administrative citations issued since June 2015. Proposed Regulations On May 9, 2016, Governor Brown issued Executive Order B-37-16 that directed the State Board to implement actions to encourage using water wisely, reduce water waste, and improve water use efficiency. The Order also directs the State Board to extend the emergency regulations through the end of January 2017. Also on May 9, 2016, the State Board released the proposed text of the new emergency regulations (Attachment A). As of the date this report was written, the State Board will accept comments through May 16, 2016 with plans to adopt the regulations at the May 18, 2016 Board meeting. The key provisions of the new regulations would require water agencies to self -certify their available water supplies and the level of conservation they deem necessary to continue to provide water should there be three additional dry years. Suppliers that would face a shortage after a third dry year would be required to comply with a new conservation standard equal to the amount of the shortage. The calculation is complicated but a simple example is if an agency estimates they will have a 10 percent shortage after three additional dry years, then their conservation standard would be 10 percent. The City relies on the water supply conditions of the Orange County Water District for groundwater and the Municipal Water District of Orange County for import water supplies. These wholesale agencies must provide information to the City on their ability to provide water prior to the City self -certifying. The new conservation standards will take effect June 2016. The proposed regulations also include permanent restrictions including: Use of potable water for ornamental turf in center medians; 10-4 •itations Water Use at 0 OtherW Related • 53 June 2015 0 1 July 2015 0 0 333 12 August 2015 0 0 311 31 September 2015 0 0 296 44 October 2015 72 0 62 122 November 2015 346 0 121 41 December 2015 1 0 19 164 January 2016 2,039 153 11 99 February 2016 1,284 144 27 74 March 2016 563 702 3 55 April 2016 744 1 385 1 13 1 44 Total 5,049 1,384 1,249 687 Proposed Regulations On May 9, 2016, Governor Brown issued Executive Order B-37-16 that directed the State Board to implement actions to encourage using water wisely, reduce water waste, and improve water use efficiency. The Order also directs the State Board to extend the emergency regulations through the end of January 2017. Also on May 9, 2016, the State Board released the proposed text of the new emergency regulations (Attachment A). As of the date this report was written, the State Board will accept comments through May 16, 2016 with plans to adopt the regulations at the May 18, 2016 Board meeting. The key provisions of the new regulations would require water agencies to self -certify their available water supplies and the level of conservation they deem necessary to continue to provide water should there be three additional dry years. Suppliers that would face a shortage after a third dry year would be required to comply with a new conservation standard equal to the amount of the shortage. The calculation is complicated but a simple example is if an agency estimates they will have a 10 percent shortage after three additional dry years, then their conservation standard would be 10 percent. The City relies on the water supply conditions of the Orange County Water District for groundwater and the Municipal Water District of Orange County for import water supplies. These wholesale agencies must provide information to the City on their ability to provide water prior to the City self -certifying. The new conservation standards will take effect June 2016. The proposed regulations also include permanent restrictions including: Use of potable water for ornamental turf in center medians; 10-4 Update on Water Use and Conservation Efforts April 2016 May 24, 2016 Page 5 Irrigating newly -constructed homes and buildings not in accordance with California Building Code; Using Potable water to wash sidewalks and driveways; Allowing runoff when irrigating; Using hoses with no shutoff nozzles to wash vehicles; Use of potable water in decorative fountains without recirculating water; and Irrigating during and within 48 hours of measurable rainfall. The regulations retain penalties for homeowners' associations that block, stifle, or threaten homeowners from reducing irrigation of vegetation of turf during a declared drought emergency and encourage Californians to ensure existing trees remain healthy. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. L[6111INIZIcs The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Proposed Text of Emergency Regulation 10-5 ATTACHMENT A PROPOSED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) On April 1, 2015, the Governor issued an Executive Order that, in part, directs the State Board to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February, 2016; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; (4) On November 13, 2015, the Governor issued an Executive Order that directs the State Board to, if drought conditions persist through January 2016, extend until October 31, 2016 restrictions to achieve a statewide reduction in potable usage; (5) On May 9, 2016, the Governor issued an Executive Order that directs the State Board to adjust and extend its emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions for many communities; (56) The drought conditions that formed the basis of the Governor's emergency proclamations continue to exist; and (67) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to prevent waste and unreasonable use of water and to further promote conservation. Authority: Section 1058.5, Water Code. References: Article X, Section 2, California Constitution; Sections 102, 104, 105, and 275, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.AppAth 1463. Sec. 864. End -User Requirements in Promotion of Water Conservation. (a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: 10-6 (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; (ti) The servingof dr -inking ing . �.,te - other- than ,pon request ; eating or- dr -inking ing establishments,ineluding but net lifnited to Festawants,hotels,eafes, > > other- ,xubli . plaees ,..here 4'..o or -dr -ink .,.,n /v,,,,-..hd o ao - ase , (76) The irrigation with potable water of ornamental turf on public street medians; and (87) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. (b) To pr-emete water- eanser--vation, operators of hotels and motels shall Provide guests with the option of ehoosing not to h&ve towels and linens latmdefed daily. The hotel or- motel shall py-eminently display netiee of this option in eaeh guestfoo elear- and easily tinder -stood !a-nguage. (eb) Immediately upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to section 864.5 or 865 of this article, shall target water use reductions commensurate with those required of the nearest urban water supplier under section 864.5 or, if applicable, section 865. shall (1) Limit etAdeer- ifFigmien of omamei#al landseapes or- turf with potable water- to no more than two days per- week;� (2) Reduee potable water- usage supplied by soufees other- than a water- supplier- by 25 per-een4 for- the months of Adne 2015 thr-ough Oeteber- 2016 as eempar-ed to the ametmt used fiem these s s f the same „ths i 2013 (dc) The taking of any action prohibited in subdivision (a) or (ed), or the failure to take any action required in subdivision (b) or (c), is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (€d)(1) To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners' association or community service organization or similar entity is prohibited from: (A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivision (a) of the Civil Code; or 10-7 (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code. (2) As used in this subdivision: (A) "Architectural or landscaping guidelines or policies" includes any formal or informal rules other than the governing documents of a common interest development. (B) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code. (C) "Common interest development" has the same meaning as in section 4100 of the Civil Code. (D) "Community service organization or similar entity" has the same meaning as in section 4110 of the Civil Code. (E) "Governing documents" has the same meaning as in section 4150 of the Civil Code. (F) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (ed)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation. Authority: Section 1058.5, Water Code. References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Sections 102, 104, 105, 275, 350, and 10617, Water Code; Light v. State Water Resources Control Board (2014) 226 Ca1.App.4th 1463. Sec. 864.5. Self -Certification of Supply Reliability for Three Additional Years of Drought. (a) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor's May 9, 2016 Executive Order, each urban water supplier shall: (1) Identify and report on a form provided by the Board, no later than June 15, 2016, the conservation standard that the supplier will be required to meet under this section; (2) Identify and report on a form provided by the Board, no later than June 15, 2016, the data relied upon by the supplier to determine the conservation standard reported pursuant to this subdivision including, but not limited to identification of each source of supply the supplier intends to rely on and the quantity of water available under that source of supply given the assumptions of this section; (3) Certify, no later than June 15, 2016, that the conservation standard reported pursuant to this subdivision is based on the information and assumptions identified in this section; and (4) Beginning _ June 1, 2016, reduce its total potable water production by the percentage identified as its conservation standard in this section each month, compared to the amount used in the same month in 2013. Mil (b) Each urban water supplier's conservation standard pursuant to this section shall be the percentage by which the supplier's total potable water supply is insufficient to meet the total potable water demand in the third year after this section takes effect under the followingassumptions: (1) The next three years' precipitation is the same as it was in water years 2013- 2015; (2) The supplier's total potable water demand for each of the next three years will be the supplier's average annual total potable water production for the years 2013 and 2014; (3) The supplier's total potable water supply shall include only water sources of supply available to the supplier that could be used for potable drinking water purposes; (4) Each urban water supplier's conservation standard shall be calculated as a percentage and rounded to the nearest whole percentage point. (c) Beginning June 1, 2016, each urban water supplier shall comply with the conservation standard it identifies and reports pursuant to subdivision (a). (d) Compliance with the conservation standard reported pursuant to subdivision (a) shall be measured monthly and assessed on a cumulative basis through January 2017. (e) Each urban water wholesaler shall calculate, to the best of its ability, and no later than June 8, 2016, the volume of water that it expects it would deliver to each urban water supplier in each of the next three years under the assumptions identified in subdivision (b), and post that calculation, and the underlying analysis, to a publicly - accessible webpage. (f) Submitting any information pursuant to this subdivision that the person who submits the information knows or should have known is materially false is a violation of this regulation, punishable by civil liability of Lip to five hundred dollars ($500)for each day in which the violation occurs. Every day that the error goes uncorrected constitutes a separate violation. Civil liability for the violation is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (g) Any urban water supplier that does not comply with this section shall comply_ with the applicable conservation standard identified in section 865. Authority: Section 1058.5, Water Code. References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. Sec. 865. Mandatory Actions by Water Suppliers. (a) As used in this seetienarticle: (1) "Distributor of a public water supply" has the same meaning as under section 350 of the Water Code, except it does not refer to such distributors when they are functioning solely in a wholesale capacity, but does apply to distributors when they are functioning in a retail capacity. (2) "R-GPCD" means residential gallons per capita per day. 10-9 (3) "Total potable water production" means all potable water that enters into a water supplier's distribution system, excluding water placed into storage and not withdrawn for use during the reporting period, or water exported outsider the supplier's �Y:�i►f�K��x� (4) "Urban water supplier" means a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (5) "Urban water wholesaler" means a wholesaler of water to more than one urban water supplier. (6) "Water year" means the period from October 1 through the following September 30. Where a water year is designated by year number, the designation is by the calendar year number in which the water year ends. (b) In furtherance of the promotion of water conservation each urban water supplier shall: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end -user's exclusive control. (2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, the number of days that outdoor irrigation is allowed, and monthly commercial, industrial and institutional sector use. The monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. (c)(1) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor's November- 13,z815 -May 9, 2016 Executive Order, each urban water supplier that does not submit a self -certification in compliance with section 864.5 shall reduce its total potable water production by the percentage identified as its conservation standard in this suhdensection. Each urban water supplier's conservation standard considers its service area's relative per capita water usage. (2) Eaeh urban water- supplier- whose setffee of s"ply does not inelude supplier- is leea4ed, and that has . . )f fiatff years' r-esefved supply a-,�ailable, may s4mit to the ExeetAive Dir-eeter- for- approval a r-equest that, in lieu of the r-eduetion that would ethefwise be r-e"ir-ed tmder- paragraphs (3) through (10), the urban wa4er- siipphe shall r-eduee its total potable water- pr-eduetion by 4 per-eei# for- eaeh menth as eempare te the ametmt used in the same month in 2013. Any stieh fequest shall be aeeafflpaiiie by infet:Faa4ien showing that the supplier's soufees of supply do not ineltide gr-otmdwater- ffilin-ifflPffin of fouf years' reserved supply available. 10-10 (32) Each urban water supplier whose average July -September 2014 R-GPCD was less than 65 shall reduce its total potable water production by 8 percent for each month as compared to the amount used in the same month in 2013. (43) Each urban water supplier whose average July -September 2014 R-GPCD was 65 or more but less than 80 shall reduce its total potable water production by 12 percent for each month as compared to the amount used in the same month in 2013. (54) Each urban water supplier whose average July -September 2014 R-GPCD was 80 or more but less than 95 shall reduce its total potable water production by 16 percent for each month as compared to the amount used in the same month in 2013. (65) Each urban water supplier whose average July -September 2014 R-GPCD was 95 or more but less than 110 shall reduce its total potable water production by 20 percent for each month as compared to the amount used in the same month in 2013. (76) Each urban water supplier whose average July -September 2014 R-GPCD was 110 or more but less than 130 shall reduce its total potable water production by 24 percent for each month as compared to the amount used in the same month in 2013. (97) Each urban water supplier whose average July -September 2014 R-GPCD was 130 or more but less than 170 shall reduce its total potable water production by 28 percent for each month as compared to the amount used in the same month in 2013. (38) Each urban water supplier whose average July -September 2014 R-GPCD was 170 or more but less than 215 shall reduce its total potable water production by 32 percent for each month as compared to the amount used in the same month in 2013. (499) Each urban water supplier whose average July -September 2014 R-GPCD was 215 or more shall reduce its total potable water production by 36 percent for each month as compared to the amount used in the same month in 2013. (d)(1) Beginning June 1, 2015, each urban water supplier that does not submit a self -certification in compliance with section 864.5 shall comply with the conservation standard specified in subdivision (c), with any modifications to the conservation standard pursuant to subdivision (f) applying beginning March 1, 2016. (2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a cumulative basis through Oete er- 20 6Januar2017. (e)(1) Each urban water supplier that provides potable water for commercial agricultural use meeting the definition of Government Code section 51201, subdivision (b), may subtract the amount of water provided for commercial agricultural use from its potable water production total, provided that any urban water supplier that subtracts any water provided for commercial agricultural use from its total potable water production shall: (A) Impose reductions determined locally appropriate by the urban water supplier, after considering the applicable urban water supplier conservation standard specified in subdivision (c), for commercial agricultural users meeting the definition of Government Code section 51201, subdivision (b) served by the supplier; (B) Report its total potable water production pursuant to subdivision (b)(2) of this section, the total amount of water supplied for commercial agricultural use, and shall identify the reduction imposed on its commercial agricultural users and each recipient of potable water for commercial agricultural use; (C) Certify that the agricultural uses it serves meet the definition of Government Code section 51201, subdivision (b); and 10-11 (D) Comply with the Agricultural Water Management Plan requirement of paragraph 12 of the April 1, 2015 Executive Order for all commercial agricultural water served by the supplier that is subtracted from its total potable water production. (2) Submitting any information pursuant to subdivision (e)(1)(B) or (C) of this section that is found to be materially false by the Board is a violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for each day in which the violation occurs. Every day that the error goes uncorrected constitutes a separate violation. Civil liability for the violation is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (f) In consideration of the differences in climate affecting different parts of the state, growth experienced by urban areas and significant investments that have been made by some suppliers towards creating new, local, drought -resilient sources of potable water supply, an urban water supplier's conservation standard identified in subdivision (c) shall be reduced by an amount, not to exceed eight (8) percentage points total, as follows: (1) For an urban water supplier whose service area evapotranspiration (ETo) for the months of July through September exceeds the statewide average evapotranspiration, as determined by the Board, for the same months by five (5) percent or more, the supplier's conservation standard identified in subdivision (c) shall be reduced: (A) By two (2) percentage points if the supplier's service area evapotranspiration exceeds the statewide average by five (5) percent or more but less than ten (10) percent; (B) By three (3) percentage points if the supplier's service area evapotranspiration exceeds the statewide average by ten (10) percent or more but less than twenty (20) percent; (C) By four (4) percentage points if the supplier's service area evapotranspiration exceeds the statewide average by twenty (20) percent or more. (D) Statewide average evapotranspiration is calculated as the arithmetic mean of all urban water suppliers' service area default evapotranspiration values for the months of July through September. Default service area evapotranspiration will be based on the California Irrigation Management System (CIMIS) ETo Zones Map zone for which the supplier's service area has the greatest area of overlap. In lieu of applying its default service area evapotranspiration, a supplier may use specific data from CIMIS stations within its service area that have at least a five-year period of record, or a three year continuous period of record, to identify a more specifically -applicable evapotranspiration for its service area. If no CIMIS station exists within the supplier's service area, a weather station of comparable accuracy, meeting the preceding period of record requirements, may be used. To qualify for the in -lieu climate adjustment, the supplier shall submit the following data to the Board by March 15, 2016 for each station: station ID; station location; and monthly average evapotranspiration, in inches per month, for July, August, and September for either the five-year period of record or the three-year continuous period of record. (2) To account for water efficient growth experienced in the state since 2013, urban water suppliers' conservation standards shall be reduced by the product of the percentage change in potable water production since 2013 and the percentage reduction in potable water use required pursuant to subdivision (c), rounded to the nearest whole percentage point. Change in potable water production since 2013 shall be calculated as the sum of the following: 10-12 (A)The number of additional permanent residents served since January 1, 2013, multiplied by the average residential water use per person for that supplier's service area during the months of February through October, 2015, in gallons; and (B) The number of new commercial, industrial and institutional connections since January 1, 2013, multiplied by the average commercial, industrial and institutional water use per connection for that supplier's service area during the months of February through October, 2015, in gallons. (C) To qualify for the growth credit the supplier shall submit to the Board the following data by March 15, 2016: the number of additional permanent residents served since January 1, 2013 and the number of new commercial, industrial and institutional connections since January 1, 2013. (3) For an urban water supplier that supplies, contracts for, or otherwise financially invests in, water from a new local, drought -resilient source of supply, the use of which does not reduce the water available to another legal user of water or the environment, the conservation standard identified in subdivision (c) shall be reduced: (A)By one (1) percentage point if the supplier's qualifying source of supply is one (1) percent or more but less than two (2) percent of the supplier's total potable water production; (B) By two (2) percentage points if the supplier's qualifying source of supply is two (2) percent or more but less than three (3) percent of the supplier's total potable water production; (C) By three (3) percentage points if the supplier's qualifying source of supply is three (3) percent or more but less than four (4) percent of the supplier's total potable water production; (D) By four (4) percentage points if the supplier's qualifying source of supply is four (4) percent or more but less than five (5) percent of the supplier's total potable water production; (E) By five (5) percentage points if the supplier's qualifying source of supply is five (5) percent or more but less than six (6) percent of the supplier's total potable water production; (F) By six (6) percentage points if the supplier's qualifying source of supply is six (6) percent or more but less than seven (7) percent of the supplier's total potable water production; (G) By seven (7) percentage points if the supplier's qualifying source of supply is seven (7) percent or more but less than eight (8) percent of the supplier's total potable water production; (H) By eight (8) percentage points if the supplier's qualifying source of supply is eight (8) percent or more of the supplier's total potable water production. (I) To qualify for this reduction the supplier must certify, and provide documentation to the Board upon request demonstrating, the percent of its total potable water production that comes from a local, drought -resilient source of supply developed after 2013, the supplier's investment in that local, drought -resilient source of supply, and that the use of that supply does not reduce the water available to another legal user of water or the environment. To qualify for this reduction an urban water supplier shall submit the required certification to the Board by March 15, 2016. 10-13 (J) Certifications that do not meet the requirements of subdivision (f)(3)(I), including certifications for which documentation does not support that the source of supply is a local, drought -resilient source of supply, the use of which does not reduce the water available to another legal user of water or the environment, will be rejected. Submitting a certification or supporting documentation pursuant to subdivision (f)(3)(1) that is found to be materially false by the Board is a violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for each day in which the violation occurs. Every day that the error goes uncorrected constitutes a separate violation. Civil liability for the violation is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (4) No urban water supplier's conservation standard pursuant to this section shall drop below eight (8) percent as a consequence of the reductions identified in this subdivision. fes. (g)M To prevent waste and unreasonable use of water and to promote water conservation, each distributor of a public water supply that is not an urban water supplier shall takeoneor- moreoft e following .,,bons: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end -user's exclusive control; and (2) shalom Submit a report by December 15, 2016, on a form provided by the Board, that eithe,. rfifms eemplianee with subdivision (g)(1)( ' er identifies total potable water production, by month, from December, 2015 through November, 2016, -and total potable water production, by month, for the same months in 2013, and any actions taken by the supplier to encourage or require its customers to conserve water. Authority: Section 1058.5, Water Code. References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. Sec. 866. Additional Conservation Tools. (a)(1) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standard required by section 864.5 or section 865 the Executive Director, or the Executive Director's designee, may issue conservation orders requiring additional actions by the supplier to come into compliance with its conservation standard. 10-14 (2) A decision or order issued under this article 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. (b) The Executive Director, or his designee, may issue an informational order requiring water suppliers, or commercial, industrial or institutional properties that receive any portion of their supply from a source other than a water supplier subject to section 864.5 or 865, to submit additional information relating to water production, water use or water conservation. The failure to provide the information requested within 30 days or any additional time extension granted is a violation subject to civil liability of up to $500 per day for each day the violation continues pursuant to Water Code section 1846. (c) Orders issued under previous versions of this subdivis-ie section shall remain in effect and shall be enforceable as if adopted under this version. Changes in the requirements of this article do not operate to void or excuse compliance with orders issued before those requirements were changed. Authority: Section 1058.5, Water Code. References: Article X, Section 2, California Constitution; Sections 100, 102, 104, 105, 174, 186, 187, 275, 350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.AppAth 1463. 10-15