The State Water Resources Control Board (“State Board”) today announced its preliminary plans for complying with the Governor’s April 1, 2015 Executive Order calling for a statewide 25% reduction in potable urban water use. To achieve the 25% goal, however, it appears the State Board will actually force 135 urban water suppliers with higher per capita water usage rates among their customers to reduce usage by 35%. Other water suppliers with lower per capita use will have to reduce water use by lesser amounts (e.g., 10, 20 or 25%). The State Board plans to expedite the development and adoption of emergency regulations to implement these new restrictions. The forthcoming emergency rulemaking package will address the required reductions in potable urban uses in addition to the following other requirements of the Executive Order: (1) commercial, industrial and institutional potable water use reductions; (2) a prohibition on using potable water for irrigation of ornamental turf in street medians; and (3) a prohibition on using potable water for irrigation outside of new home construction without drip or micro-spray systems. The State Board will implement an expedited schedule for adopting the emergency regulations:
April 17, 2015 – Notice announcing release of draft regulations for informal public comment
April 28, 2015 – Emergency rulemaking formal notice
May 5 or 6, 2015 – Board hearing and adoption
The State Board announced that it will provide a short public comment period on its proposed regulations and expressly solicited input on the following issues when those draft regulations are posted:
1. Are there other approaches to achieve a 25% statewide reduction in potable urban water use that would also impose a greater responsibility on water suppliers with higher per capita water use than those that use less?
2. How should the regulation differentiate between tiers of high, medium and low per capita water users?
3. Should water suppliers disclose their list of actions to achieve the required water reductions?
4. Should these actions detail specific plans for potable water use reductions in the commercial, industrial, and institutional (CII) sectors?
5. Should additional information be required in the monthly conservation reports for urban water suppliers to demonstrate progress towards achieving the required water reductions?
6. How and when should compliance with the required water reductions be assessed?
7. What enforcement response should be considered if water suppliers fail to achieve their required water use reductions?
The State Board also indicated that regulations and guidance on rate structures and other pricing mechanisms, which are very important tools for reducing water use, are also forthcoming. More information on the State Board’s adoption of these emergency drought regulations can be found at the State Board’s website.