CC Resolution No. 17-043 Adopting Regulations Restricting Water Use in Compliance with Executive Order B-40-17 Issued April 7, 2017 and State Water Resource Control Board Emergency Regulatory Action Dated February 27RESOLUTION NO. 17-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING REGULATIONS RESTRICTING WATER USE IN COMPLIANCE WITH
EXECUTIVE ORDER B-40-17 ISSUED APRIL 7, 2017 AND STATE WATER RESOURCE
CONTROL BOARD EMERGENCY REGULATORY ACTION DATED
FEBRUARY 27, 2017
WHEREAS, On April 7, 2017 Governor Edmund G. Brown Jr. issued Executive Order B-40-17
and ended the drought State of Emergency in most of California, while maintaining water
reporting requirements and prohibitions on wasteful practices; and,
WHEREAS, Executive Order B-40-17 rescinds two emergency proclamations from January and
April 2014 and four drought-related Executive Orders issued in 2014 and 2015; and,
WHEREAS, Executive Order B-40-17builds on actions taken in Executive Order B-37-16, which
remains in effect, to continue making water conservation a way of life in California; and,
WHEREAS, Executive Order B-40-17 requires:
• Continuation of certain prohibited wasteful water practices
• Continuation of Executive Order B-37-16 of water efficiency targets by urban water
suppliers.; and
WHEREAS, On February 27, 2017 the State Water Resource Control Board adopted text of
emergency regulation for water conservation that re-adopted and extended the prior
regulation; and
WHEREAS, The urban water supplier for Cupertino (Santa Clara Valley Water District (Water
District)) on January 24, 2017 continued the call for a 20% water use reduction goal as compared
to 2013 usage; and
WHEREAS, The Water District supplies water to two urban water retailers within Cupertino
and each retailer coordinates water use rules to meet the 20% water use reduction goal; and
WHEREAS, the Council determines that regulations are necessary to coordinate and promote
further conservation efforts during this time of drought recovery; and
Resolution No. 17-043
Page2
WHEREAS, The City supports the Water District's efforts to encourage conservation, with an
emphasis on outdoor water use, to the extent it may do so within the context the Cupertino
Municipal Code; and
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or county
may make and enforce within its limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, Cupertino Municipal Code Section 15.32.040 provides that the City may adopt
Regulations for water conservation or for other public purposes.
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970, together with relateg State CEQA Guidelines (collectively, "CEQA"), the
City determines that the provisions of this Resolution are exempt as a project intended to
protect the environment and natural resources (14 Cal.Regs. 15307, 15308);
The Council of the City of Cupertino RESOLVES as follows:
SECTION 1. Regulations
A . Attachment A, "2017/18 Regulations Restricting Water Use" is hereby adopted in
compliance with the February 27, 2017 action of the State Water Resource Control Board and
April 7, 2017 Executive Order B-40-17 (Attachment B) and incorporated.
SECTION 2. Council directs the City Manager to continue the requirements established in the
2016/17 Water Use Regulations in the 2017/18 Water Use Regulation.
SECTION 3. The 2017/18 Regulation Restricting Water Use will become effective May 15, 2017
and will remain in effect until November 25, 2017 or as amended by the City Council or the
Water Board.
SECTION 4. Council directs staff to further promote water conservation by,, coordinating
educational outreach with urban water suppliers and the Water District to ensure that
Cupertino customers fully understand drought restrictions and receive a consistent
conservation message within the City.
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 2nd day of May, 2017, by the following vote:
Re s olution No. 17-04 3
Pag e3
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paul, Chang, Scharf, Sinks
None
None
None
APPROVED:
k i/4046<~
Grace Schmidt, City Clerk Savita Vaidhyanathan, Kiayor,
City of Cupertino
ATTACHMENT A
2017/18 REGULATIONS RESTRICTING WATER USE
Despite record rainfall in much of No1ihern California this past winter, the State and the Santa Clara
Valley Water Distiict have called for continued conservation effo1is .
Implementation of individual regulations shall be caITied out at the direction of the City Council, in
response to its assessment of local water supply conditions, feasibility, and consumption trends. The
Council may, in its discretion , opt to revise, delete or include different elements than those desc1ibed
below, so long as the restrictions implemented serve the overall purpose of continued reduction of local
consumption.
A1iicle XI , Section 7 of the California Constitution declares that a city or county may make and enforce
within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general
laws. Pursuant to this power and Cupe1iino Municipal Code Section 15 .32.040, the City Council of the
City of Cupe1iino adopts the following Regulations in addition to any requirements set forth in Cupertino
Municipal Code Chapter 15.32. These regulations are effective May 15 , 2017 through November 25 ,
2017, or until rep ealed by Council , whichever comes first .
Section A :
To prevent the wa s te and umeasonable use of water and to promote water conservation , the following
acts are prohibited , except where necessary to address an immediate health and safety need:
1. Hosing off sidewalks, driveways and other hardscapes .
2. Using outdoor irrigation dming and 48 hours after measureable rainfall,
3. The iITigation with potable water of ornamental turf on public street medians.
4. Using potable water in decorative water features that do not re-circulate the water.
5. Limit outdoor iITigation of ornamental landscapes or turf with potable water to no more than
three days per week. Inigation will be allowed on Monday, Thursday & Saturday for odd
number addresses and numberless addresses; and Tuesday, Friday & Sunday for even number
addresses .
6 . Other restrictions on use of potable water as prescribed from time to time by the Water Board
or other governing body or agency.
7. None of the restrictions apply to the use ofrecycled or grey water. These restrictions also shall
not apply to commercial nurseries , golf courses , or other water-dependent businesses, unless
specifically included by the Water Board or other governing body or agency.
4
State of California
Office of Administrative Law
In re:
State Water Resources Control Board
Regulatory Action:
Title 23, California Code of Regulations
Adopt sections: 863, 864, 864.5, 865, 866
Amend sections:
Repeal sections:
NOTICE OF APPROVAL OF EMERGENCY
REGULATORY ACTION
Government Code Sections 11346.1 and
11349.6; Water Code Section 1058.5
OAL Matter Number: 2017-0217-02
OAL Matter Type: Emergency Readopt (EE)
The State Water Resources Control Board submitted this emergency action to readopt
section 866 and to readopt and further amend sections 863, 864, 864.5, and 865 in title
23 of the California Code of Regulations , which pertain to drought emergency water
conservation.
OAL approves this emergency regulatory action pursuant to sections 11346.1 and
11349.6 of the Government Code and section 1058.5 of the Water Code.
This emergency regulatory action is effective on 2/27/2017 and will expire on
11/25/2017. The Certificate of Compliance for this action is due no later than
11/24/2017.
Date : February 27, 2017
Original: Thomas Howard
Copy: David Rose
Richard L. Smith
Senior Attorney
For: Debra M. Gomez
Director
STATE OF CALIFORNIA -OFFI CE OF Ae '
NOTICE'PUBLICA
' STD. 400 (REV. 01 ·2013)
OAL FILE NOTICE FILE NUMBER
NUMBERS Z-
ERG
R(GVL.ATORY ACTION NUMBER
Cy.e instructions on
reverse)
For use by Office of Administrative Law (OAL) only
NOTICE
AGENCY WITH RULEMAKING AUTHORITY ,
State Water Resources Control Board -. ... . . . . ,.·' '· . .
2011 FEB 11 P 2: 3b
. 0FflCE OF
AOMll'llSTR ATI-VE UWI
REGULATIONS
A. PUBLiCATION OF NOTICE (Complete for publlca~loo in Notice Register)
1. SUBJECT OF NOTICE I TITLE(S) FIRST SECTION AFFECTED
3. NOTICE TYPE , 4. t,GENCYCONTACT _PERSON TELEPHONE NUMBER n Notice re Proposed o ·Qther ReCJulatorv Action
-._NOTICE_ REGIST ~l;l NUM.~ER ..
For use by Secretary of State only
ENDORSED • FI LED
In th e office of the Sec re tary of Stato
of the State of Californi a
FEB 212017,
l~L{A, f,M I
AGENCY FILE NUMBER (I any) .
Resolution No. 2017-0004
2. REOUtSTt:o PUBLICAT ION DATE
FM NUMBER (Optional)
f:'\i _BLIC ATION _DA TE oAL usel :r.-c110No1::1 _PR0Pos~D.NC?T1cE, ._ • _
. e>NLY . CJ ~ix':~ as 'D ZfC:t: as D Disapp roved/
. _ Withdrawn · ..
B. SUBMISSION OF REGULATIONS '(Cothplete when submitting regulations)
1a. SUBJECT OF R~GULATION(S) 1b. ALL PREVIOUS RELATED OAL RE GULATO~CTI Mj
Drought Emergency Water Cor\sef\/ation . t:" r<3quest
OAL File Nos. 2016 ::0520-ol; 2016-0203 -0lEE;
2. SPECIFY CAUFORNIA CODE OF REG_vL.ATIONSTlfLE (~)Al)IO SECTION IS) Jlncluding title 26, II to,l cs related) 2015-0506 -02EE; 2015 -0320 7 0lEE; 2014 c 0718-01E
SECTION(S) AFFECTED
(List an sectic,n_ number(s)
Individually. Attach .
addltlonal sheet If needed,)
TITLE(S)
23
3. TYPE OF FIUNG
D Regular Rulemaking(Gov ..
Code § 11346) ·
D Resubmittal of disapproved or
wlthd1awn none')lergency
filing (Gov. Code §§ 113493,
ADOPT
863, 864, 864.s, Ms, 866 _
AMEND
REPEAL
0 Certificate of <;ompli~_~ce: Jhe agency .officer named
b_e_low c~-"ifies th.at this ~gency _co111pll~d wi_th the
provisions of Goit, Code §§ 11346.2· 1i3473 either
before the emergency regulation was ·adopted or
with in t_he time period requlrecl -by statute.
-'5<1 Emergency Readopt (Gov.
. ~ Co~e. §11346 .l(h))
0 Flle&Prlnt
0 Chang es Without Regulatory
. Effect (Cal. Code Regs ., title
1,§100)
0 PrlntOnly
11349.4) 0 Emergency (G ov. Code,
§11346.l(b))
D Resubmittal of disapp roved or withdrawn
emergency filing (Gov. Code , §11346.1)
l8J other(specl fyl Emerg. Readopt (Wat. Code 1058.S(c)) ..
4. ALL BEGINNING AN_D ENDIN G OATES OF ~VAILAB ILITY OF M<lOIFIED RfGUL.ATIQNS ANO/OR MATERII\L AOOE D TO THERULEMAKING FILE (Cal. Code_ Regs . litle l , §+I and Gov. Code § l J347.l)
5. EFFECTIVE DATE OF OIANGES (Gov. Cod e.§§ 11343 .4, 1 ll46.l(d); ca1 :cod e Reg s, till• l, §100)
D Effect_ive January 1,:April 1,.iuly_ 1, or fxl !;ffec1 jve on .Hi ng with D· . §100 Changes Wilhout D Ettcctivo
October 1 (Gov . Coda §11343 .4(a)) ~ Scc relary of Sla te Regula1ory Effect . othe r (Spec ify)
6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW , CONSULTATION . APPROVA L OR CONCURRE NC E BY, ANOTHER AGENCY OR ENTITY
D D Fai r Polit ical Pr~ctlces Commission O St ate Fire Marshal Department of Finance (Fonn STD . 399) (SAM §6660)
Other (Specify)
7. CONTACT PERSON
David Rose
TELEPHONE NUMBER
916-341 -5196
FM NUMBER (Oplional)
916-341-5199
E-MAIL ADDRESS (Optiona l)
david .rose@waterboards.ca .gov
8 . I certify that the attached copy of the regulation(s) Is a true and correct copy For use by Office -of Administrative Law (OAL) only
of the regulation(s) identified on this form, that the information specified on this form
is true and correct, and that I am the head of the agency taking this action,
or a design~e of the head of the ag ncy, and ain authorized to make this certifi.cation.
tate Wate r Resourc es Con tr ol Board
ENDORSED APPROV ED
FEB 2 7 20 17
Office of Administr ativ e Law
.ADOPTED TEXT OF EMERGENCY REGULATION
Article 22.5. Drought Emergency Water Conservation.
Sec. 863. Finaings of Drought Emergency .
(a) The State Water Resources Control Board finds as follows :
(1) On Ja11uary 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 l, 2015, the Governor issued ai1 Executive Order that, in part, directs
. the State Board to impose restrictions on water suppliers to achfeve a statewide
25 percent reduction in potable urban usage through February, 2016; reqtiire commercial,
industrial, and institutional users to implement water efficiency measures; prohibit ·
irrigation with potable water of ornamental turf in public street medians; arid 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 reductipn in potable usage;
(5) On May 9, 2016, the Governor issued an Executive Orde1' 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 m~y
communities;
(6) The drought conditions that fomied 'the basis of the Governor's emergency
proclamations continue to exist in portions of the state, and snowpack and 1'eservo1r
conditions for the end of the water year remain subject to s1giiifidlnt cha1i'ge'; and ·
. (7) The Governor's proclatriafion'reiriains in effect, drou-ght conditions· 1.vill likely
OOffiiiiue for the foteseeable :futtire 'may persist or confaiue locally through the end of the
water year, a11d additio'11al actioi1 by both the State Water Resources Coritt'ol Board and
local water suppliers will likely be necessary to prevent waste and unreasonable use of
watefand to further promote conse1'vation .
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 a11d urii·easoiiable 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 te1m or condition in a
pennit issued by a state or federal agency:
(I) The application of potable water to outdoor landscapes in a manner that causes
runoff such that water flows onto adjacent property, non-inigated areas, private and
public walbvays, roadways, parking lots, or strnctures;
(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;
(6) The serving of ddnking water other than upon request in eating or drinking
establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars , or
other public places where food or drink are served ancl/or purchased;
(7) The irrigation with potable water of ornamental turf on public street medians;
and
(8) The irrigation with potable water of landscapes outside of newly constructed
homes and buildings· in a mam1er inconsistent with regulations or other requirements
established by the California Building Standards Commission and the Department of
Housing and Community Development.
(b) To promote water conservation, operators of hotels and motels shall provide
guests with the option of choosing not to have towels and linens laundered daily . The
hotel or motel shall prominently display notice of this option in each guestroom using
clear and easily understood language.
· (c) 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 either:
(I) Limit outdoor irrigation of ornamental landscapes or turf with potable water to
no more than two days per week; or
(2) Target potable water use reductions commensurate with those required of the
nearest urban water supplier under section 864.5 or, if applicable, section 865 . Where
this option is chosen, these properties shall implement the reductions on or before
July 1, 2016 .
(d) The laking of any action prohibited in subdivision (a)-eri (e), ..Q.!:..ffi,_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. ·
(e)(l) 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
intere st development where that provision is void or unenforceable under section 4735,
subdivision ( a) of the Civil Code; or
2
(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 docµments of a common intere§t development.
(B) "Homeowne.rs' association" means an "association" as defined in section
4080 of the Civil Code .
. (C) "Conunon interest development" has the same meaning as in section 4100 of
the Civil .Coqe.
(D) "Comnwnity service organization or simil~ entity" has the same meaning as
in section 411 b 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 proceedi11g or other proceeding to enforce a rule in violation
of subcii vision ( e )( 1) is iil.itiated, each day the proceedit'1g remains pending shall
constitute a separate violation ofthis regulation.
(f) To prevent the waste and unreasonable use of water and to promote water
conservation, ahy city, county, or city a11d county is prohibited frotn imposing a fine
under any local rna:int~ilan6e dtdinance or other relevant ordinance as prohibited by
section 8627.7 of the Government Code.
Authority: Section 1058.5, Water Code;
References: Atticle X, Section 2, California Constitution; Sections 4080, 4100, 4110,
4150, 4185, and 4735, Civil Code; Section 862i7, Government Code; S~ctions 102, 104,
105,275,350, and 10617, Water Code; Light v. State Water Resources Control Board
(2014) 226 Cal.App.4th 1463.
. .
Sec. 864.5. Self-Certification of Supply Reliability for Three Additional Years of])rought.
(a) To preveµt the waste ~nd unreasonable use of wa,ter and to meet the
requirements of the Governor's May 9, 2016 Executive Order, each urban water supplier
shall: . . .
(1) Identify and report no later than June 22, 2016, on a fonn provided by the
Board, the conserv~tion standa,rd that the supplier will be required to meet under this
section;
(2) Identify aridrepo1i no later than June 22, 2016, on a form provided by the
Board, the data and underlying analysis 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 tlie quantity of
water available under that source of supply given the assumptions of this section;
3
(3) Certify, no later than June 22, 2016, that the conservation standard reported
pursuant to this subdivision is based on the information and assumptions identified in this
section;
( 4) Post, within two weeks of submittal to the board, the data and underlying
analysis relied upon by the supplier to determine the conservation standard reported
pursuant to this subdivision to a publicly-accessible webpage; and
(5) 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.
(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 following assumptions:
(1) The next three years' precipitation is the same as it was in water years
2013-2015;
(2) No temporary change orders that increase the availability of water to any
urban water supplier are issued in the next three years;
(3) 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;
(4) 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;
(5) Each urban water supplier's conservation standard shall be calculated as a
percentage and rounded to the nearest whole percentage point.
(c) The Board will reject conservation standards that do not meet the requirements
of this section.
(d) Beginning June 1, 2016, each urban water supplier shall comply with the
conservation standard it identifies and reports pursuant to this section.
(e) Compliance with the conservation standard reported pursuant to this section
shall be measured monthly and assessed on a cumulative basis through JanuaryOctober
2017 .
(f) If a wholesaler and all of its urban water supplier customers agree, in a legally-
binding document, those suppliers and wholesaler may submit to the board, in lieu of the
individualized self-certified conservation standard applicable pursuant to section 864.5 or
section 865 , an aggregated conservation standard, with all supporting documentation
required for individualized self-certified conservation standards by section 864.5.
(g) Each urban water wholesaler shall calculate, to the best of its ability, and no
later than June 15, 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.
(h) Submitting any infom1ation pursuant to this section 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 ofup to five hundred dollars ($500) for each
day in which the violation occurs . Ev ery day th a t th e etTor g o e s uncoITe cted constitute s a
4
separate violation. Civil liability for the violation is in addition to, and does not supersede
or limit, any other remedies, civil or criminal.
(i) Any urban water supplier that does not comply with this section shall comply
with the applicable conservation standard identified in section 865. .
(j) Notwithstanding the deadlines specified in subdivision (a). an urban water
supplier may, no later than March 15, 2017, rest1bmit the material specified in
subdivision (a) if that supplier has experienced a change in its baseline water supply
conditions.
(k) Notwithstanding the deadlines specified in subdivision (a), an urban Water
supplier that did not comply with-subdivision (a) may, no later than March 15. 2017.
subniit the material specified in subd1vision (a). · ·
(I) An urban \vater supplier that submits the information teguired by subdivision
(a) in accordance with subdivision (j) or (k) shall. beginning March 1. 20i 7, reduce its
total potable Watetproductloh by the percentage identified as its conservation stan.dard in
this section each month, compared tci the amount used in the same inonth iil 2013.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sectio1is 102, 104, 105,275,
350, i846, 10617 ab.cl 10632, Wat~r 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 article:
(1) "Distributor of a public water supply" has the same meaning as under section
350 of the Water G·ode, except .it does not refer to such distributors when they are
functioning solely in a wholesale capacity, but does apply to distributors wlien they are
functiotii~1g in~ retail capacity. . .
(2) "R-GPCD>,means residential gallons per capita per day.
(3) "Total potable water production" means all potable water that enters into a
water supplier's distribudonsystem, excluding water placed into storage and.not
withdrawn for \l~e during the reporting period, or water exported outsider the supplier's
service area.
(4) "Ufban wa.ter 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 µi a wholes_ale capacity, but does apply to suppliers when they are functioning in a
retail cap_acity , _
(5) "Urban water wholesaler" means a wholesak;r of water to more than one
urban water supplier,
(6) "Water year" means the period from October 1 through the following
Septe~ber 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 fu1therance of the promotion of water conservation each urban water
supplier shall :
5
(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 fonns 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 )(]) 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
that fails to identify a conservation standard as required under section 864.5, or that has a
conservation standard rejected by the Board under section 864.5, shall reduce its total
potable water production by the percentage identified as its conservation standard in this
section . Each urban water supplier's conservation standard considers its service area's
relative per capita water usage . . .
(2) 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 .
(3) 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.
(4) 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 .
(5) 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.
(6) 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 .
(7) 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.
(8) 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 .
(9) Each urban water supplier whose a verage July-September 2014 R-GPCD was
2 15 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 .
(cl)(l) Beginning June I , 2015, each ur ban water supplier that does not submit a
self-ce1iification in compliance with section 864.5 shall comply with the conservation
6
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 JanuaryOctober 2017.
( e )( 1) E~ch urban water si1pplier that provides potable water for commercial
agriculti.rral use meeting the definition of Government Code section 51201, subdivision
(b ), may s_ubtract the amount of water provided for commercial agricultural use from its
potable water production totaj, provided that any urban water supplier that subtracts any
water provided for commercial agricultural use from its total potable water production
shalt:
(A) Impose re<luctions detennined locally appropriate by the urban water supplier,
after considering the applicable urbai1 water supplier conservation standard specified in
subdivision (c), for c01nmercial 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 c011111J.ei:c;ial agricultural use;
(C) Certify that the agiicultural uses it serves meet the definition of Government
Code section 51201, subdivision (b); and ·
(D) Comply with the Agiicultural Water Management Plan requirement of
paragraph 12 of the April i, 2015 Executive Order for all conunercial agricultural water
served by the supplier thatis subtracted from its total potable water production.
(2) Submitting any infonnation pursuant to subdivision ( e)(l )(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 hundreq dollars ($500) for each day ih 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 otherremedies, civil or criminal. ·
(t) In consideration of the differences in climate affecting different parts of the
state, growth experie1we~ by urban areas and significant investments that have been made
by some suppliers towards creating new, local, c:lrought-tesilient sources of potable water
supply, an urban water supplier's conservation standard identified in subdivision( c) shall
be reduced by an amoimt, 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 consetvation standardidentified 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) percel).t or more but less than ten (l 0) percent;
(B) By three (3) percentage points if the supplier's service area evapotranspiration
exceeds the statewide average by ten ( l 0) 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.
7
(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 ofrecord or the three-year
continuous period of record.
(2) To account for water efficient growth experienced in the state since 20 I 3,
urban water suppliers' conservation standards shall be reduced by the product of the
percentage change in potable water production since 20 I 3 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: ·
(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 l, 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 si1pply is
three (3) percent or more but less than four (4) percent of the supplier's total potable
water production;
8
(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 soui-ce 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 ofits 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 .
(J) Certifications that do not meet the requirements of subdivision (f)(3)(l),
including certifications foi· 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 ah other legal user of water or the environment, will be rejected.
Submitting a certification or supporting documentation pursuant to subdivision (f)(3)(1)
that is fow1d 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.
(g) 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:
(1) Provide prompt notice to a customer whenever the supplier obtains
infom1ation that indicates that a leak may exist within the end-user's exclusive control.,_t
aoo
(2) Submit a report by December 15, 2016, on a form provided by the Board, that
identifies total-peta-b-J.o 'Nater production, by month, from December, 2015 through
November, 2016, total potable water production, by month, for the same months in 20 l3 ,
and any ac tions taken by the suppli er to encourage or require its customers to conserve
wa-te-F:-
9
Authority: Section I 058 .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 Wat er Resources Control Board
(2014) 226 Cal.App.4th 1463.
Sec. ·866 . Additional Conservation Tools.
(a)(l) 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.
(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 I 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 infonnation 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 sectio1i 1846 .
(c) Orders issued under previous versions of this 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 noncompliance 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.App.4th 1463 .
10
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Excrnti11 r IDrµart mcn t
§tutc af (!:alifumi u
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 Wi ldlife , 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, o r 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 populatio n
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 mounta in 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 precipitati on , the effects of the drought persis t
in area s of the Central Valley , including groundwate r depletion and subsidence ;
and
WHEREAS our changing climate requires California to continue to adopt
and adhere to permanent changes to use water more wisely and to prepare for
more frequent and persistent periods of limited wate r supply ; and
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WHEREAS increasing long -term water conservation among Californians , II
improl!ing 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 h~reby TERMINATE THE JANUARY
17 , 2014 DROUGHT STATE OF EMERGENCY for all counties in California
except the Counties of Fresno, Kings, Tulare, and Tuolumne .
I 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-29 -15 ,
and B-36-15 are rescinded .
2 . The orders and provisions contained in Executive Order B-37 -16 , Making
Water Conservation a CalifQrnia 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-act io n report detailing th e State's
response to the drought and any lessons learned in carrying out that
response .
MAINTA ININ G CONSERVATION AS A WAY OF LIF E
4. The State Water Resources Control Board (Water Board) shall continue
development of permanent prohibitions on wasteful water use and
req uirements 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 restr ictions shall prohibit wasteful practices such as :
• Hosing off sidewalks , driveways and other hardscapes ;
• Wash ing 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 median_s .
5. The Water Board shall rescind those portions of its existing emergency
regulations that require a water supply stress test or mandatory
conservation standard for urban water agencies.
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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 wa ter
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 wate r 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 min imize leaks .
9 . T he Water Board is further d irected to work with state agencies and water
suppliers to identify mechanisms that would encourage and facil itate the
adoption of rate structures and other pricing mechanisms that promote
water conservation .
10 . 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 servic e co nnections
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 .
13. The Water Board will continue to work with local agencies to identify
communities that may run out of drinking water , and will provide technical
and financial assistance to help these communities address drinking water
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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 inte nded to , and does not , c reate 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 .
I FURTHER DIRECT that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity an d
notice be given of this Orde r .
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 .
&Ah&~~ EDMUND G . BROWN JR.
Governor of California
ATTEST :
ALEX PADILLA
Secretary of State
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