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Home My WebLink About2015-04-27 - Citizens Advisory Committee Meeting Agenda Packet Yorba Linda Hater District AGENDA YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, April 27, 2015, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE MEMBERS Daniel Mole, Chair Bill Guse Rick Buck, Vice Chair Fred Hebein Lindon Baker Joe Holdren Carl Boznanski Modesto Llanos Oscar Bugarini, Sr. Cheryl Spencer-Borden 3. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 4. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 4.1. Recap of District Rate Workshop (Verbal Report) 4.2. Governor's Executive Order for Mandatory Water Reductions 4.3. President's Report 4.4. Future Agenda Items 5. ADJOURNMENT 5.1. The next Citizens Advisory Committee meeting is scheduled to be held Monday, May 25, 2015 at 8:30 a.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. Yorba Linda Water District Ohio* Budget Workshop # 1 FY 2015/ 16 Presented By: Marc Marcantonio, General Manager Delia Lugo, Finance Manager March 31 , 2015 i Fiscal Year 2014 / 15 Outlook TRENDS IN WATER PRICES VS. CP1 -%0 450 400 350 300 250 200 150 100 50 Trends in consumer prices(GPI)for ublibes Water&sewer(11 W) CP((1913.M=100) —Ekdr;r4(1913) —Natural gas(1935) —" CPI(1997=100) Tel.sermes (1997=100) 0 — — — — — — — — — — wdw PU-MSU Figure I — Trends in Consumer Prices (CPl) for Utilities I Beecher, Trends In Consumer PrIces(CIRI)for U1.111(le%Thtough M i, Mi(My"in %lte University,January Z Historical Water Costs Import Water =; $1 ,000 _ r $950 $900 $850 $800 $750 $700 $650 $600 $550 $500 $701 $249 Groundwater $936 r $375 J I $344 000�j FY 08/09 FY 09/10 FY 10/11 FY 1 1 /12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 MWD OCWD $355 $335 $315 $295 $275 $255 $235 25,000 20,000 15,000 5,000 m Total Water Purchases (AF) vs. Population 09/10 10/11 11/12 12/13 13/14 14/15 Water Purchases Anticipated Purchases (Population ti -75,000 74,000 73,000 72,000 71,000 70,000 • 69,000 • 68,000 67,000 66,000 65,000 15/16 Fiscal Year 2015 / 16 Outlook Budget Summary (Water & Sewer) Revenue Total Operating Revenue Total Non-Operating Revenue Total Revenue Expenses Variable Water Costs Salary-Related Expenses Supplies & Services Total Operating Expenses Total Non- Operating Expenses Total Expenses Income Before Depreciation & Capital Contributions Depreciation Capital Contributions Approved Budget (FY 14/15) $31,025,713 $1,929,167 $32,954,880 $14,928,972 $8,509,812 $4,389,840 Forecast Year-End (FY 14/15) $29,922,219 $2,162,170 $32,084,390 $13,850,950 $8,417,231 $3,961,780 Proposed Budget (FY 15/16) $29,187,587 $2,084,125 $31,271,712 $14,762,832 $8,817,107 $4,590,899 $27,828,624 $26,229,962 $28,170,838 $1,852,793 $1,725,692 $1,677,685 $29,681,417 $3,273,463 $7,337,500 $0 $27,955,654 $4,128,736 $7,354,700 $80,212 $29,848,523 $1,423,189 $7,350,000 $0 Income (Loss) ($4,064,037) ($3,145,752) ($5,926,811) Key Budget Assumptions Total Volume of Water Purchased OCWD RA Blended Rate MWDOC Blended Rate MWDOC Allocation Allowance MWDOC Allocation Overage @ $ 1 ,500 AF CUP Blended Rate (w/Allocation Surcharge) 20,236 A F $368/AF $1 ,040/$ 1 ,268A F 7,521 A F 145 AF $947 AF i2f Revenues FYI 4-15 Budget FYI 4-15 Projected Water Base Fee Sewer Charge FYI 5-16 Budget Water Variable Charge Other Op. Revenue Operating Expenses & CIP FYI 4-15 Budget FYI 4-15 Projected FYI 5-16 Budget Salaries & Benefits Supplies & Services Variable Costs Approved CIP Cost of the Drought (FYI 4- 15 Projection vs. FYI 5- 16 Budget) • Approx. DECREASE in Water Revenues • Approx . $835 ,000 INCREASE in Variable Costs • Allocations = $777,000 INCREASE in OCWD Costs ( per Brady & Associates Study) • Decrease in BPP/ Increase in RA $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Fixed Charge As A Percent of Or)o ratinc Expenses Zf $24,853,201 $23,790,095 $21,862,795 15% Actuals FY 2011/12 5% Actuals Y 2012/13 ■Fixed Charge 17% Actuals FY 2013/14 Target: 30%-40% ■Operating Expenses $24,976,920 20% Projected FY 2014/15 Fixes' rge As A Percent of Operating Revenue Y 7 Mo. Ending 1 /31 /13 l. oop" V, 130 160 7% 630 7 Mo. Ending 1 /31 /15 180 170 7% 7 Mo. Ending 1 /31 /14 140 170 7% 620 Projected for HE 2015 200 160 7% $45.00 $40.00 $35.00 $30.00 $25.00 $20.00 $15.00 $10.00 $5.00 $16.77 op YLWD Local Agenr- v Comparison Fixed Charge Increase for 1 inch Meter IN $23.04 CAW Walnut Valley Mesa WD WD $0.75 Serrano WD Laguna Golden State South Coast East Orange Beach CWD WC WD CWD Local Agenr,--- Comparison Avg. Monthly Bill $180.00 (1 Inch Meter, 25.5 Units) $160.00 $12.06 $26.98 $140.00 $3.56 $120.00 $100.00 - $80.00 - $142.84 $133.43 $60.00 - $96.90 $113.71 $108.97 $85.62 $40.00 $20.00 $- YLWD Walnut Valley WD Mesa WD Serrano WD Laguna Golden South Coast East Orange Beach CWD State WC WD CWD Pass-through Variable Costs • Current Water Model DOES NOT include power costs for pass-throughs . • FYI 5- 16 Budget- power costs INCREASE $530 , 000 Pass-through Variable Costs Government Code 53756 : " If an agency purchases wholesale water from a public agency, the schedule of fees or charges may provide for automatic adjustments that pass through the adopted increases or decreases in the wholesale water charges established by the other agency" vs . "Spirit of the Law" Resolution 07- 17, Section 3: Increased costs of purchased water and energy costs which are charged to YLWD from MWDOC, MWD, OCWD., SCE and/or Gas Co will pass through, applied on the basis of water usage. Variable Charge Base Fee TOTAL Base Fee Increase (30% of Operating Expenses) $67.50 $67.50 $67.50 $67.50 $67.50 $67.50 $16.77 $84.27 $18.65 $86. 15 $20.70 $22.98 $90.45 * Assumes 25 units @$2.70 with a 1 inch Meter $25.50 $93.00 $28.31 $95.81 %1- - $45.00 EIRIPP $40.00 $35.00 $30.00 $25.00 $20.00 $15.00 $10.00 $5.00 Local Agency Comparison (YLWD@ 30% of Operating Expenses) do- -V $27.75 9 Walnut Mesa WD YLWD Valley WD �PJ $32.21 $37.34 I E I Serrano WD Laguna Golden Beach CWD State WC YLWD at end of FY1 9/20, Other agencies are FY1 5/16 $44.25 South Coast East Orange WD CWD Variable Charge Base Fee TOTAL Base Fee Increase (40% of Operating Expenses) $67.50 $67.50 $67.50 $67.50 $67.50 $67.50 $16.77 $19.82 $23.29 $27.60 $32.30 $37.79 $84.27 $87.32 $90.79 $95. 10 $99.80 $105.29 * Assumes 25 units @$2.70 with a 1 inch Meter $45.00 $40.00 $35.00 $30.00 $25.00 $20.00 $15.00 $10.00 $5.00 Local Agency Comparison (YLWD@ 40% of Operating Expenses) F $23.04 Walnut Valley WD $27 I I Mesa WD Serrano WD Laguna YLWD Beach CWD YLWD at end of FY1 9/20, Other agencies are FY1 5/16 Golden South Coast East Orange State WC WD CWD YLWD Reserve Types qcwr %,P,urpose,;-A �..Projected Water Capital Replacement Planned CIPs $17.3M I $1 .8M Water Operating Fund Day-to-Day $3.9M $2.4M Payments Water Emergency Fund 2008 COP Bond Debt Service Reserve Maintenance Reserve Employee Liabilities TOTAL: Catastrophes $ 1 .0M $ 1 .0M Regulated $2. 1 M $2. 1 M Regulated $2.7M $2.7M Unanticipated $151 ,000 $200,000 R&R Retiree Payout of $186,000 $ 100,000 Vacation/Sick Time $27.3M $10.3M ITEM NO. 4.2 AGENDA REPORT Meeting Date: April 27, 2015 To: Citizens Advisory Committee From: Damon Micalizzi, Public Information Manager Presented By: Damon Micalizzi, Public Information Manager Subject: Governor's Executive Order for Mandatory Water Reductions SUMMARY: In response to increasingly severe drought conditions and a record low snowpack measurement on April 1 st, Governor Brown issued an Executive Order that mandates a statewide 25% reduction in water use. The mandate calls for several short-term measures as well as a number of longer-term measures that will take some time to implement. The State Water Resources Control Board (SWRCB) will develop and impose additional mandatory requirements over the next few weeks. The initial conservation number for Yorba Linda Water District was an additional 35% cut in Residential Gallons Per Capita Day. After the first round of Public Comments, the SWRCB changed that number to 36%. DISCUSSION: The mandates with the most direct impacts to Orange County water agencies are as follows: Short-term measures: • Local water agencies should reduce water demand by approximately 25% (less in areas with lower per capita use; more in areas with higher per capita use) as compared to 2013 usage levels. • All residents and businesses are asked to take additional steps to reduce their daily water use in order to get through this severe drought. • Orange County is a long-timer leader in water efficiency; since 1990 residents have reduced their average daily water use by 25%. • Since 2013, Orange County customers have reduced their water use by approximately 10%. • Throughout the state, 50 million square feet of lawns will be replaced with California Friendly landscapes. • Orange County has an extremely robust Turf Removal Program that is on-track to fund the replacement of 10 million square feet of lawns within a 12-month period. That's one-fifth of the goal for the entire state of California. Rebates of $2.00 per square foot are available to help defray the cost of replacing lawns with California Friendly landscapes. • YLWD has been a leader amongst Orange County Agencies and Municipalities with more than 140 turf removal applications removing more than 150,000 square feet of turf. Drinking water can no longer be used to water turf in public street medians. The intended effect is to accelerate the replacement of turf in street medians with California Friendly landscapes. • YLWD has already participated in such projects with the City of Placentia and has had initial discussions with the City of Yorba Linda to explore replacing turf on the city's center islands. • The Turf Removal Program rebate of $2.00 per square foot is available to public agencies as well as residents and businesses. New construction homes and buildings that use potable water for irrigation must have a drip irrigation system installed. • Drip irrigation is an extremely efficient method of watering California Friendly landscapes. • Through MWDOC, YLWD offers rebates to convert traditional sprinkler systems to drip irrigation. Local water agencies should adopt rate structures that encourage conservation. • Many Orange County water agencies have tiered rates and water budget-based rates in effect that have proven successful in reducing water use. • HOWEVER, Later this month, the appeals court judge involved in the San Juan Capistrano rate structure lawsuit will issue a ruling regarding the City's tiered rates. This decision may redefine how local water agencies can set appropriate rate structures that encourage conservation. Longer-term measures: The State-mandated monthly reporting by local water agencies on water usage, conservation, and enforcement is now permanent. • For almost a year, most local water agencies have provided monthly reports to the state on local water use and enforcement, and we will continue to do so as requested by the state. • These water usage reports do not give a complete picture as there is no accounting for changing weather conditions or past water use efficiency efforts. • Additional/modified metrics may be required by the State Board to provide a broader perspective on water use reductions; Orange County is prepared to comply with this expanded request. New manufacturing standards will be established for toilets, faucets, and outdoor irrigation equipment. • The new manufacturing standards will augment Southern California's market transformation approach to water efficiency. • As new codes are established, rebates will likely change to focus on incentivizing installation of new water-saving devices. State permitting agencies will streamline permitting of new water supply projects, including water recycling, storage, stormwater capture, greywater systems, and ocean desalination. • MWDOC and local water agencies strive to provide a diverse water supply portfolio that includes a variety of local and imported water sources. With streamlined permitting, it is likely that a number of new water storage and recycling/reuse projects will be accelerated. • Ocean desalination is a drought-proof, local water supply that could enhance Orange County's water reliability. Two projects are currently being studied in Orange County: the Huntington Beach Seawater Facility proposed by Poseidon Resources and the Doheny Ocean Desalination Project proposed by MWDOC and local water agencies. . MWDOC and its member agencies are conducting an Orange County Water Reliability Study to plan and coordinate long-term water supply reliability projects. The state will update water use (landscape design) standards for new and existing landscapes. • In Orange County, approximately half of our daily water use goes toward watering landscapes. • The new landscape standards will provide a great opportunity to further transform our urban landscapes to better suit our semi-arid climate. ATTACHMENTS: Name: Description: Type: 4.1.15 Executive Order.pdf Executive Order Backup Material SWRCB Correspondence Final.pdf YLWD Letter Backup Material MWDOC Letter to SWRCB 4-22-15.pdf MWDOC Initial Letter Backup Material SWRCB Fact Sheet on 25% Reduction 4.18.15.pdf SWRCB FACT SHEET Backup Material SWRCB Correspondence 2nd Letter.pdf YLWD Letter#2 Backup Material MWDOC Comments to SWRCB Re Governors Executive Order B MWDOC Letter#2 Backup Material 29-15.pdf Water ConservationTriFold.pdf Water ConservationTri Fold Backup Material zxccudot Bepartment ,5tatc of 001ifolmia EXECUTIVE ORDER B-29-15 WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist throughout the State of California due to severe drought conditions; and WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency to exist throughout the State of California due to the ongoing drought; and WHEREAS California's water supplies continue to be severely depleted despite a limited amount of rain and snowfall this winter,with record low snowpack in the Sierra Nevada mountains, decreased water levels in most of California's reservoirs, reduced flows in the state's rivers and shrinking supplies in underground water basins; and WHEREAS the severe drought conditions continue to present urgent challenges including: drinking water shortages in communities across the state, diminished water for agricultural production, degraded habitat for many fish and wildlife species, increased wildfire risk, and the threat of saltwater contamination to fresh water supplies in the Sacramento-San Joaquin Bay Delta; and WHEREAS a distinct possibility exists that the current drought will stretch into a fifth straight year in 2016 and beyond; and WHEREAS new expedited actions are needed to reduce the harmful impacts from water shortages and other impacts of the drought; and WHEREAS the magnitude of the severe drought conditions continues to present threats beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and WHEREAS under the provisions of section 8558(b)of the Government Code, I find that conditions of extreme peril to the safety of persons and property continue to exist in California due to water shortage and drought conditions with which local authority is unable to cope; and WHEREAS under the provisions of section 8571 of the California Government Code, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of the drought. NOW, THEREFORE, I, 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, in particular Government Code sections 8567 and 8571 of the California Government Code, do hereby issue this Executive Order, effective immediately. �x x IT IS HEREBY ORDERED THAT: 1. The orders and provisions contained in my January 17, 2014 Proclamation, my April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14 remain in full force and effect except as modified herein. SAVE WATER 2. The State Water Resources Control Board (Water Board) shall impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016. These restrictions will require water suppliers to California's cities and towns to reduce usage as compared to the amount used in 2013. These restrictions should consider the relative per capita water usage of each water suppliers'service area, and require that those areas with high per capita use achieve proportionally greater reductions than those with low use. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. 3. The Department of Water Resources (the Department) shall lead a statewide initiative, in partnership with local agencies, to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes. The Department shall provide funding to allow for lawn replacement programs in underserved communities, which will complement local programs already underway across the state. 4. The California Energy Commission,jointly with the Department and the Water Board, shall implement a time-limited statewide appliance rebate program to provide monetary incentives for the replacement of inefficient household devices. 5. The Water Board shall impose restrictions to require that commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, immediately implement water efficiency measures to reduce potable water usage in an amount consistent with the reduction targets mandated by Directive 2 of this Executive Order. 6. The Water Board shall prohibit irrigation with potable water of ornamental turf on public street medians. 7. The Water Board shall prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems. 9 a 8. The Water Board shall direct urban water suppliers to develop rate structures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions. The Water Board is directed to adopt emergency regulations, as it deems necessary, pursuant to Water Code section 1058.5 to implement this directive. The Water Board is further directed to work with state agencies and water suppliers to identify mechanisms that would encourage and facilitate the adoption of rate structures and other pricing mechanisms that promote water conservation. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. INCREASE ENFORCEMENT AGAINST WATER WASTE 9. The Water Board shall require urban water suppliers to provide monthly information on water usage, conservation, and enforcement on a permanent basis. 10. The Water Board shall require frequent reporting of water diversion and use by water right holders, conduct inspections to determine whether illegal diversions or wasteful and unreasonable use of water are occurring, and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. Pursuant to Government Code sections 8570 and 8627, the Water Board is granted authority to inspect property or diversion facilities to ascertain compliance with water rights laws and regulations where there is cause to believe such laws and regulations have been violated. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive. 11. The Department shall update the State Model Water Efficient Landscape Ordinance through expedited regulation. This updated Ordinance shall increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. It wilt also require reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015. The Department shall provide information on local compliance to the Water Board, which shall consider adopting regulations or taking appropriate enforcement actions to promote compliance. The Department shall provide technical assistance and give priority in grant funding to public agencies for actions necessary to comply with local ordinances. 12. Agricultural water suppliers that supply water to more than 25,000 acres shall include in their required 2015 Agricultural Water Management Plans a detailed drought management plan that describes.the actions and measures the supplier will take to manage water demand during drought. The Department shall require those plans to include quantification of water supplies and demands for 2013, 2014, and 2015 to the extent data is available. The Department will provide technical assistance to water suppliers in preparing the plans. Q d 13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of irrigated lands shall develop Agricultural Water Management Plans and submit the plans to the Department by July 1,2016. These plans shall include a detailed drought management plan and quantification of water supplies and demands in 2013, 2014, and 2015, to the extent that data is available. The Department shall give priority in grant funding to agricultural water suppliers that supply water to 10,000 to 25,000 acres of land for development and implementation of Agricultural Water Management Plans. 14. The Department shall report to Water Board on the status of the Agricultural Water Management Plan submittals within one month of receipt of those reports. 15. Local water agencies in high and medium priority groundwater basins shall immediately implement all requirements of the California Statewide Groundwater Elevation Monitoring Program pursuant to Water Code section 10933. The Department shall refer noncompliant local water agencies within high and medium priority groundwater basins to the Water Board by December 31, 2015,which shall consider adopting regulations or taking appropriate enforcement to promote compliance. 16. The California Energy Commission shall adopt emergency regulations establishing standards that improve the efficiency of water appliances, including toilets, urinals, and faucets available for sale and installation in new and existing buildings. INVEST IN NEW TECHNOLOGIES 17. The California Energy Commission,jointly with the Department and the Water Board, shall implement a Water Energy Technology(WET) program to deploy innovative water management technologies for businesses, residents, industries, and agriculture. This program will achieve water and energy savings and greenhouse gas reductions by accelerating use of cutting-edge technologies such as renewable energy-powered desalination, integrated on- site reuse systems,water-use monitoring software, irrigation system timing and precision technology, and on-farm precision technology. STREAMLINE GOVERNMENT RESPONSE 18. The Office of Emergency Services and the Department of Housing and Community Development shall work jointly with counties to provide temporary assistance for persons moving from housing units due to a lack of potable water who are served by a private well or water utility with less than 15 connections, and where all reasonable attempts to find a potable water source have been exhausted. 19. State permitting agencies shall prioritize review and approval of water infrastructure projects and programs that increase local water supplies, including water recycling facilities, reservoir improvement projects, surface water treatment plants, desalination plants, stormwater capture, and greywater systems. Agencies shall report to the Governor's Office on applications that have been pending for longer than 90 days. 20. The Department shall take actions required to plan and, if necessary, implement Emergency Drought Salinity Barriers in coordination and consultation with the Water Board and the Department of Fish and Wildlife at locations within the Sacramento-San Joaquin delta estuary. These barriers will be designed to conserve water for use later in the year to meet state and federal Endangered Species Act requirements, preserve to the extent possible water quality in the Delta, and retain water supply for essential human health and safety uses in 2015 and in the future. 21. The Water Board and the Department of Fish and Wildlife shali immediately consider any necessary regulatory approvals for the purpose of installation of the Emergency Drought Salinity Barriers. 22. The Department shall immediately consider voluntary crop idling water transfer and water exchange proposals of one year or less in duration that are initiated by local public agencies and approved in 2015 by the Department subject to the criteria set forth in Water Code section 1810. 23. The Water Board will prioritize new and amended safe drinking water permits that enhance water supply and reliability for community water systems facing water shortages or that expand service connections to include existing residences facing water shortages. As the Department of Public Health's drinking water program was transferred to the Water Board, any reference to the Department of Public Health in any prior Proclamation or Executive Order listed in Paragraph 1 is deemed to refer to the Water Board. i 24. The California Department of Forestry and Fire Protection shall launch a public information campaign to educate the public on actions they can take to help to prevent wildfires including the proper treatment of dead and dying trees. Pursuant to Government Code section 8645, $1.2 million from the State Responsibility Area Fire Prevention Fund (Fund 3063)shall be allocated to the California Department of Forestry and Fire Protection to carry out this directive. 25. The Energy Commission shall expedite the processing of all applications or petitions for amendments to power plant certifications issued by the Energy Commission for the purpose of securing alternate water supply necessary for continued power plant operation. Title 20, section 1769 of the California Code of Regulations is hereby waived for any such petition, and the Energy Commission is authorized to create and implement an alternative process to consider such petitions.This process may delegate amendment approval authority, as appropriate,to the Energy Commission Executive Director. The Energy Commission shall give timely notice to all relevant local, regional, and state agencies of any petition subject to this directive, and shall post on its website any such petition. ;c x 26. For purposes of carrying out directives 2-9, 11, 16-17, 20-23, and 25, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are hereby suspended. This suspension applies to any actions taken by state agencies, and for actions taken by local agencies where the state agency with primary responsibility for implementing the directive concurs that local action is required, as well as for any necessary permits or approvals required to complete these actions. This suspension, and those specified in paragraph 9 of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014 proclamation, and paragraph 4 of Executive Order B-26-14, shall remain in effect until May 31, 2016. Drought relief actions taken pursuant to these paragraphs that are started prior to May 31, 2016, but not completed, shall not be subject to Division 13 (commencing with section 21000) of the Public Resources Code for the time required to complete them. 27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter 3 of Part 3 (commencing with section 85225) of the Water Code are suspended. 28. For actions called for in this proclamation in directive 20, the Department shall exercise any authority vested in the Central Valley Flood Protection Board, as codified in Water Code section 8521, et seq., that is necessary to enable these urgent actions to be taken more quickly than otherwise possible. The Director of the Department of Water Resources is specifically authorized, on behalf of the State of California, to request that the Secretary of the Army, on the recommendation of the Chief of Engineers of the Army Corps of Engineers, grant any permission required pursuant to section 14 of the Rivers and Harbors Act of 1899 and codified in section 48 of title 33 of the United States Code. 29. The Department is directed to enter into agreements with landowners for the purposes of planning and installation of the Emergency Drought Barriers in 2015 to the extent necessary to accommodate access to barrier locations, land-side and water-side construction, and materials staging in proximity to barrier locations. Where the Department is unable to reach an agreement with landowners, the Department may exercise the full authority of Government Code section 8572. 30. For purposes of this Executive Order, chapter 3.5 (commencing with section 11340) of part 1 of division 3 of the Government Code and chapter 5 (commencing with section 25400) of division 15 of the Public Resources Code are suspended for the development and adoption of regulations or guidelines needed to carry out the provisions in this Order. Any entity issuing regulations or guidelines pursuant to this directive shall conduct a public . meeting on the regulations and guidelines prior to adopting them. �x x � x 31. In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended for directives 17, 20, and 24. Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to these directives. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 15t day of April 2015. EDMUND G. BROWN JR. Governor of California ATTEST: ALEX PADILLA Secretary of State W Yorba Linda Water District Independent, Reliable and Trusted Service for More Than 100 Years April 13, 2015 Felicia Marcus Chairperson, State Water Resources Control Board Attn: Jessica Bean 1001 1 Street, 24th Floor Sacramento CA 95814 Subject: YLWD Comments on the Mandatory Conservation Proposed Regulatory Framework Dear Chairperson Marcus, The purpose of this letter is to provide information concerning the impact of this regulation relative to our District, identify policy calculations that disproportionally affect our District's customers, and finally offer recommendations that achieve the desired results in a fair manner. YLWD has a 106 year history of serving the region (primarily with groundwater), which has transformed from agriculture to a bedroom community. This change has resulted in large parcels and open spaces, in what is considered arid and rugged terrain that is highly desirable for its scenic beauty. Water use is down significantly from our agricultural days, but is still higher than more densely populated urban areas. We understand everyone's sense of fairness differs, but comparing residential gallons per capita day (R-GPCD) data without weighing it based upon considerations including land use, precipitation, temperature, and population growth, fails any definition of fairness. On one hand a sliding scale is used to determine YLWD's Conservation Standard at 35%, but a sliding scale is not used in the calculation of our R-GPCD. Consequently, we feel the draft Standard for YLWD is unreasonable. We fully appreciate the need to conserve water, especially during a drought. To this end we have reduced our GPCD in line with the State's 20X2020 goal, and have already exceeded our 20% targets set by the State. We have replaced center median turf strips in the City of Placentia with artificial turf, and we have processed and continue to process more than our share of rebates for removing landscaping that requires irrigation. Conservation actions prior to the index month should be acknowledged and credited. M. Marcantonio 4/13/15 Page 1 1717 E.Miralor na Avenue Placentia,CA 92370 714-701-3000 714-701-3053 Fax Yorba Linda Water District Independent, Reliable and Trusted Service for More Than 100 Years Unlike other areas of the State, we reuse our wastewater by having made the investment in Orange County's Groundwater Replenishment System (GWRS). Instead of wasting water to the ocean, we recycle the water from our sewers and return it for potable reuse over and over again. This tremendous expense was accepted by our customers in recognition of the value of water and quality of life it provides. It makes no sense that re-used water adds to our R-GPCD score. We rightfully deserve a credit that is subtracted from our score, not added. Additionally, measuring R-GPCD from "production" numbers rather than metered consumption is not equitable. Every water utility is different. Each has differing requirements for non-revenue water used to protect water quality and Public Health through flushing, fire hydrant testing and maintenance, dust control, and other measures. Service areas greatly vary in topography, geography, and population density, which affects infrastructure requirements and affects production numbers. We bank extra water in reservoirs during fire seasons and during red flag weather alerts, which counts as increased production even though it may not be used until much later, and at times not at all for consumption. This one-size-fits-all approach (to accommodate systems that don't have customer meters) does not meet the spirit of water conservation. We highly recommend using customer metered consumption data to calculate R-GPCD, and for those who do not meter this may provide incentive to do so. Our data being utilized does not accurately reflect R-GPCD, and we are submitting adjusted data accordingly. YLWD's service area is in a virtual wind tunnel in which arid Santa Ana winds create devastating fires that are fast moving and destructive. Fire destroys property and lives, and fighting fires consumes large volumes of water. It makes sense to strategically use water to irrigate areas to prevent fire rather than waste it in firefighting operations. The Freeway Complex Fire of 2008 clearly illustrates this danger and that horrific fear continues to this day with YLWD residents. Eliminating all outdoor irrigation during drought may seem reasonable to those in high-density areas, damp coastal climates, or areas of high precipitation, as they enjoy low wildfire risk, but use of water for some irrigation is not unreasonable in YLWD's service area. M. Marcantonio 4/13/15 Page 2 1717 E.Miralor na Avenue Placentia,CA 92370 714-701-3000 714-701-3053 Fax Yorba Linda Water District Independent,Reliable and Trusted Service for More Than 100 Years The 35% conservation standard proposed for YLWD, rather than a more reasonable standard that reflects conservation improvements already achieved, may cause unintended consequences. YLWD understands the severity of this drought, and the need for better conservation progress overall. Because of our large parcels and affluent community, for more than 100 years our successful business model placed the financial burden of balancing expenses on those who consumed water. This kept our base fee well below the average of more densely populated urban areas, and benefited our lower income and fixed income residents who generally use less water. In the spirit of lowering our R-GPCD, we have asked our large water users to reduce consumption, which has reduced revenue. Over the past 3 years we have gently increased our base fee to shift our business model as our density is increasing. We had planned to continue to shift our model gradually over future years (by smaller incremental base fee increases) to allow our community to adjust their lifestyle and personal budgets with as little financial hardship as possible. However, imposition of an additional 35% water conservation standard will require an immediate shift of our business model to increase our base fee to recover the consumption revenue loss. Instead of our current base fee which collects 20% of our annual operating and maintenance expense, this sudden additional 35% increase in water conservation will require us to immediately increase our base fee to collect more than 40% of these costs. The threat of YLWD incurring fines from the State of $10,000 each day will require further water rate increases to add staff for enforcement and customer complaints. Because of acceptable hours for watering, enforcement staff will need to work nonstandard work hours which increases labor and energy costs. Allocations by Metropolitan Water District (MWD) may also increase water rates to cover penalties. Our goal is to avoid fines and penalties by willing cooperation from the community. If YLWD receives a reasonable R-GPCD goal, YLWD and its ratepayers will continue to work as a team, rather than as adversaries, in further achieving water use efficiency. Willing cooperation always produces better results than the alternative. We understand and appreciate the State taking action to solve our water crisis. YLWD and other Orange County water utilities have invested in expensive and expansive long-term solutions through increased storage, water recycling programs including GWRS, conservation education, landscape hardening, reduction of fire risk, Distribution System Leakage reduction programs, use of AMR technology to reduce customer leaks, and many other active water conservation measures. Our success is easily measured by our ability to support M. Marcantonio 4/13/15 Page 3 1717 E.Miralor na Avenue Placentia,CA 92370 714-701-3000 714-701-3053 Fax Yorba Linda Water District Independent, Reliable and Trusted Service for More Than 100 Years an increasing population, while decreasing water production. Imposition of a disproportionate goal to YLWD without recognition of our unique and specific service area requirements discussed above, and without regard to our conservation achievements, and without consideration of the financial impact to our community, should be avoided if we are to collectively survive this period of drought. In summary, we specifically recommend the following actions to achieve the State's water conservation goal. 1. Revise the R-GPCD formula to utilize consumption data for those with customer meters, and use production data for those without customer meters. 2. Consider a single goal (rather than individual company goals) for managed basins like Orange County Water District. Alternatively, consider a goal for all of Orange County (Municipal Water District of Orange County). This should reduce administrative costs by dealing with less agencies, and also credit managed basin efforts in water conservation and recognize the reduction of imported water needs through proper groundwater management. 3. Allow a credit to the consumption data equal to the amount of water recycled through meters from recycling programs including GWRS. 4. Allow a credit that reflects conservation achieved since the State's 20X2020 program was implemented. 5. Weight the R-GPCD goal for each individual agency based upon environmental factors that affect the quantity of water necessary to support critical life functions. This includes adjusting for monthly average precipitation, monthly average temperature, fire hazard, soil types, etc. Solving the drought problem in California is not just a conservation problem. We are essentially in a drought that has extended beyond 8 years, with the exception of a single wet year. Long-term solutions need to start now as conservation only goes so far. The State should take action to compensate for inadequate snowpack by creating additional reservoir storage. Snowpack melt and runoff too early in the season adversely impacts anadromous fish and watersheds, as it does our population. M. Marcantonio 4/13/15 Page 4 1717 E.Miralor na Avenue Placentia,CA 92370 714-701-3000 714-701-3053 Fax Yorba Linda Water District Independent, Reliable and Trusted Service for More Than 100 Years Developing engineered storage to compensate for inadequate snowpack would prevent loss of water to the ocean. Similarly, the State should react to early snowpack melt by developing methods to distribute this water to regions with reservoir storage. Capturing and distributing water destined to the ocean will increase supplies far beyond any other water conservation measure, and can be done to the benefit of anadromous fish. In closing, we appreciate the opportunity to provide input prior to implementation of the Governor's Executive Order B-29-15. We formally request that the State Water Board consider our request to modify our reduction percentage goals for the aforementioned reasons. We hope the Board can appreciate that protecting Public Health and Safety is our utmost concern. Sincerely, Marc Marcantonio General Manager CC: YLWD Ratepayers Orange County Water District, P.O. Box 8300, Fountain Valley, CA 92728 Municipal Water District of Orange County, P.O. Box 20895, Fountain Valley, CA 92728 M. Marcantonio 4/13/15 Page 5 1717 E.Miralor na Avenue Placentia,CA 92370 714-701-3000 714-701-3053 Fax 91 MUNICIPAL WATER DISTRICT OF ORANGE April 22, 2015 COUNTY Street address: Ms. Jessica Bean Submitted via e-mail 18700 Ward Street Jessica.bean@waterboards.ca.gov Fountain Valley,California 92708 State Water Resources Control Board Mailing Address: 10011 Street, 24th Floor P.O.Box 20895 Sacramento, CA 95814 Fountain Valley,CA 92728-0895 (714)963-3058 Subject: Comments regarding the Second Draft Regulations Implementing Fax:(714)964-9389 25% Conservation Standard www.mwdoc.com Larry D.Dick The Municipal Water District of Orange County respectfully requests the State President Wayne S.Osborne Water Resources Control Board reconsider and account for 1) Indirect Potable Vice President Reuse (IPR) and 2) water use in Fuel Modification Zones (Fire) in the Draft Brett R.Director Regulations for Implementing 25% Conservation Standard. According to the Director Joan C.Finnegan state's Recycled Water Policy and the California Action Plan, the.development of Director recycled water is a "valuable resource" in California. The state has established a Susan Hinman goal to increase the use of recycled water, over 2002 levels,by at least one Director SatTamaribuchi million acre-feet per year by 2020. This long-term sustainable supply option Director makes local sense and is drought resistant, reliable, and will minimize our carbon Jeffery M.Thomas Y one s recycling g Director rent.foot Orange Count al i clin more than 134,000 AFY, contributing Robert J.Hunter more than 13 percent of the state-wide goal. The investment in the IPR General Manager Groundwater Recovery System (GWRS) alone is more than $621 million in capital costs. MEMBER AGENCIES City of Brea The following provides an example of how traditional recycled water use (Purple- City of Buena Park District Pipe) and Indirect Potable Reuse.(IPR) are treated differently in the Draft East Orange County Water Dstr El Toro Water District Regulations. In the scenario described below, two agencies decide to invest in Emerald Bay Service District the development of recycled water. Both agencies have a total water demand of City of Fountain Valley 10,000 acre-feet per year. The table attempts to demonstrate how these two City of Garden Grove Golden state water co. types of recycled water are treated differently in the mandatory reductions. City of Huntington Beach Irvine Ranch Water District Traditional Purple-Pipe Recycled Indirect Potable Reuse Laguna Beach County Water District Water Total Water Demand = 10,000 afy City of La Habra City of La Palma Total Water Demand = 10,000 afy Mesa Water District . One agency pursues the • The other agency pursues the IPR Moulton Niguel Water District traditional Purple-Pipe approach approach to recycle 3,000 acre City of Newport Beach to recycle 3,000 acre feet of water feet of water City of Orange Orange County Water District • Potable irrigation demand is • Municipal and industrial water City of San Clemente reduced by 3,000 acre feet supply is supplemented with 3,000 City of San Juan Capistrano . This agency's potable demand is acre-feet of recycled water • Santa Margarita Water District • Imported water use is reduced b reduced to 7,000 acre feet. p Y - City of Seal Beach Serrano water District 3,000 acre feet South Coast Water District • This agency's potable demand Trabuco Canyon Water District remains at 10,000 acre feet City of Tustin City of Westminster Yorba Linda Water District Both agencies reduce their demand for imported water by 3,000 acre feet; Purple-Pipe gets credited, but IPR does not. The Draft Regulations Implementing 25% Conservation Standard do not treat these agencies in a consistent manner for a similar investment. The Conservation Standard in effect nets out Purple-Pipe water recycling because total water production is reduced by the increment of recycled water produced. Conversely, IPR is not netted out because it is included in total potable water production. Both agencies invested in recycled water, both advance the state goals, and both should be treated similarly. In fact, IPR allows for water to be used for drinking water purposes, not just for irrigation or industrial use, and IPR water is actually used multiple times, not just once or twice. Water agencies throughout Orange County remain steadfastly committed to actively implementing water conservation and public information programs regardless of the source of water being used and regardless of drought conditions. Overall water demand has dropped two percent from 1991 to 2014 while population has grown by more than 25 percent. To advance the stated goals of California and the Water Board, and to put IPR on equal footing to traditional recycled supplies, we request that water production be reduced by the proportionate amount of IPR being produced from the groundwater basin. Orange County agencies would still be assigned to an appropriate percent reduction tier. This change would recognize past investments in IPR and encourage continued investments in recycled water state-wide. Lastly, Orange County has significant interface between urban and open space areas that are subject to the Orange County Fire Authority Vegetation Management Guidelines (Guideline C-05, which are predicated on California Fire Code Title 24, Part 9, Chapter 49). These guidelines contain four fuel modification zones, two of which require irrigation "to maintain healthy vegetation with high moisture content" (Pages 8-9). "Fuel Modification Zones are landscaping areas in which existing combustible vegetation is removed from strips of land and replaced with spaced and irrigation fire-resistant plants and further adjoining strips of land in which vegetation is partially removed. The zones provide an integral level of protection for structures from wildfires by slowing the speed and reducing the intensity of the fire" (Page 2). Due to human safety and the protection of public and private property, we request the Water Board exempt irrigation water use in these Fuel Modification Zones from the Emergency Regulations. These suppliers must provide written certification to the Water Board to be able to subtract the water supplied to local fire authority designated Fuel Modification Zones from their total water production for baseline and conservation purposes. We appreciate the opportunity to provide input on implementation of the Governor's Executive Order B-29-15. Should you have any questions regarding these comments, please contact me at (714) 593-5026. Sincerely, Robert J. Hunter Cc: Board of Directors Member Agencies !77.��- o Fact Sheet Water Boards DRAFT REGULATIONS IMPLEMENTING 25% CONSERVATION STANDARD On April 1, 2015, Governor Jerry Brown issued the fourth in a series of Executive Orders on actions necessary to address California's severe drought conditions. With snowpack water content at a record low level of 5 percent of average for April 1st , major reservoir storage shrinking each day as a percentage of their daily average measured over the last several decades, and groundwater levels continuing to decline, urgent action is needed. The April 1 Executive Order requires, for the first time in the State's history, mandatory conservation of potable urban water use. Commercial agriculture in many parts of the State has already been notified of severe cutbacks in water supply contracted through the State and Federal Water Projects and is bracing for curtailments of surface water rights in the near-term. Conserving water more seriously now will forestall even more catastrophic impacts if it does not rain next year. Early Input To maximize input in a short amount of time, the State Water Board released a proposed regulatory framework for implementing the 25% conservation standard mandated by the Executive Order on April 7, 2015. This will result in water savings amounting to approximately 1.3 million acre-feet of water over the next nine months, or nearly as much water as is currently in Lake Oroville. Draft regulations are now available for informal public comment that consider and incorporate the input contained in over 250 comments submitted by water suppliers, local government, businesses, individuals, and non-governmental organizations. Key areas of comment focused on the methodology behind the assignment of conservation standards, the availability of exclusions or adjustments under defined conditions, how to approach the commercial, industrial and institutional (CII) sector, the requirements for smaller water suppliers, and the approach to enforcement. What's Next During this second informal comment period, we are soliciting feedback on the updated approach reflected in the draft regulation as well as commenton the specific regulatory language. Please submit comments by email to Jessica Bean at Jessica.Bean(o-)_waterboards.ca.gov by April 22, 2015. The draft regulation will be further refined based on comments received and the Notice of Proposed Emergency Rulemaking and accompanying revised regulatory language will be released on April 28th for public comment and consideration by the Board at its May 5-6, 2015 regular business meeting. STATE WATER RESOURCES CONTROL BOARD 1001 1 Street,Sacramento,CA 95814•916-341-5254•Mailing Address:P.O.Box 100,Sacramento,CA 95812-0100•www.waterboards.ca.gov r,� Fact Sheet Draft Regulation - Key Provisions Conservation Standard for Urban Water Suppliers As drought conditions continue, all water suppliers will need to do more to meet the statewide 25% conservation standard. Many communities around the State have been conserving for years. Some of these communities have achieved remarkable results with residential water use now hovering around the statewide target for indoor water use, while others are using many times more. Everyone must do more, but the greatest opportunities to meet the statewide 25%conservation standard now exist in those areas with higher water use. Often, but not always, these water suppliers are located in areas where the majority of the water use is directed at outdoor irrigation due to lot size and other factors. In response to comments and suggestions, the draft regulation assigns urban water suppliers to a tier of water reduction based upon three months of summer residential gallons-per-capita-per-lay data (July-September). These three months reflect the amount of water used for summer outdoor irrigation, which provides the greatest opportunity for conservation savings. The number of tiers has more than doubled, from the proposed regulatory framework,to more equitably allocate the conservation savings necessary to reach the statewide 25 percent reduction mandate. This updated approach lessens the disparities in reduction requirements between agencies that have similar levels of water consumption, but fall on different sides of dividing lines between tiers. Suppliers that were in the 35% reduction tier in the prior proposal may now be in the 32% or 28%tier if their summer 2014 R-GPCD was below 210. Adding additional tiers to the conservation framework also better reflects past conservation efforts because water suppliers that have reduced use priorto the drought will have a lower R-GPCD and lower conservation standard than water suppliers with similar climate and density factors where R-GPCD remains high. Urban water suppliers(serving more than 3,000 customers or delivering more than 3,000 acre feet of water per year and accounting for more than 90%of urban water use)will be The Smith family of three learns that assigned a conservation standard,as shown in the their water district must reduce water following table: use by 12 percent. A manufacturing plant uses 20 percent of the water R-GPCD Range # of and cannot reduce its use. So, Tier Suppliers in Conservation residents are told to reduce their use From To Range Standard by 15 percent to meet the overall 12 1 reserved 0 4% percent target. The Smith family 2 0 64.99 23 goo uses an average of 210 gallons per 3 65 79.99 21 12% day (or about 70 gallons per person), 165 gallons for indoor use and 45 4 80 94.99 42 16% gallons for watering their small yard. 5 95 109.99 41 20% To meet the 15% reduction 6 110 129.99 51 24% requirement they must bring their 7 130 169.99 73 28% total water use down to about 180 8 170 214.99 66 32% gallons per day. This is equivalent 9 215 612.00 94 36% to about 60 gallons per person per day. Fact Sheet Water Boards F�Tbe nes family of four learn that their water district must reduce water use by 32 percent. An oil y uses 10 percent of the district's water and cannot reduce its use. Their city also has many small sses, and a golf course,which can reduce use by more than 10 percent. The residents must now reduce their use by 30 percent to meet the overall 32 percent target. The Jones family uses an average of 1,200 gallons per day (or about 300 gallons per person); 300 gallons for indoor use and 900 gallons outdoors, to irrigate a large yard that includes grass and fruit trees. To cut water use by 30 percent, the Jones' must cut their water use by 360 gallons per day to 840 gallons which is equivalent to 210 gallons per person per day. The draft regulation describes two situations where water suppliers could request to modify their total water use or be placed into a lower conservation tier: 1. Urban water suppliers delivering more than 20 percent of their total water production to commercial agriculture may be allowed to modify the amount of water subject to their conservation standard. These suppliers must provide written certification to the Board to be able to subtract the water supplied to commercial agriculture from their total water production for baseline and conservation purposes. 2. Urban water suppliers that have a reserve supply of surface water that could last multiple years maybe eligible for placement into lower conservation tier. Only suppliers meeting the eligibility criteria will be considered. These criteria relateto the source(s)of supply,precipitation amounts, and the number of years that those supplies could last. There are no specific use reduction targets forcommercial, industrial, and institutional users served by urban and all other water suppliers. Watersuppliers will decide howto meet their conservation standard through reductions from both residential and non-residential users.Water suppliers are encouraged to look at their commercial, institutional and industrial properties that irrigate outdoor ornamental landscapes with potable water for potential conservation savings. An open question is whether the draft regulation should allow multiple suppliers to join together to meet a collective conservation standard. In order to achieve a statewide 25% reduction in urban water use, the group as a whole would need to achieve the same amount of water savings as they would as individual suppliers. This approach could provide additional flexibility in achieving the conservation standard and allow for uniform messaging and implementation across contiguous service areas. There are many uncertainties, however, related to the appropriate geographic scope, group leadership, compliance assessment, accountability, and enforcement. Input is requested regarding how a collective approach could be administered that addresses these uncertainties and achieves the required reduction in water use. Conservation Standard For All Other Water Suppliers Under the current proposal,smaller water suppliers(serving fewer than 3,000 connections)will be required to achieve a 25%conservation standard or restrict outdoor irrigation to no more than two days per week. Commercial, industrial, and institutional users with independent supplies will also be required to reduce usage by 25%or restrict outdoor irrigation to no more than two days per week. These smaller urban suppliers serve less than 10%of Californians. Fact Sheet Water Boards Ma End-User Requirements The new prohibitions in the Executive Order apply to all Californians and will take effect immediately upon approval of the regulation by the Office of Administrative Law. These include: • Irrigation with potable water of ornamental turf on public street medians is prohibited;and • Irrigation with potable water outside of newly constructed homes and buildings not delivered by drip or microspray is prohibited. Commercial, industrial and institutional properties under Provision 5 of the Executive Order with an independent source of water supply(not served by a water supplier), are required underthe draft regulation to either limit outdoor irrigation to two days per week or achieve a 25% reduction in water use. Often, these properties have large landscapes that would otherwise not be addressed by this regulation. It will be very important as these provisions are implemented to ensure that existing trees remain healthy and do not present a public safety hazard. Guidance on the implementation of both prohibitions will be developed. New Reporting Requirements Total monthly water production and specific reporting on residential use and enforcement as laid out in the previously adopted emergency regulations will remain in effect. Because the conservation standard applies to total water production, the draft regulation expands the reporting to include information on water use in the commercial, industrial, and institutional sectors. Small water suppliers with fewer than 3,000 service connections will be required to submit a single report on December 15, 2015 that provides their water production from June-November 2015 and June-November 2013. In addition, they must report on the number of days per week outdoor irrigation is allowed. Commercial, industrial, and institutional facilities with an independent source of supply(they are not served by a water supplier)will not be required to submit a report; however they should be prepared to demonstrate their compliance with the two day per week watering restriction or the 25% reduction in water use if requested to do so by the Board. Compliance Assessment In many communities around the state, over half(and up to 80 percent) of total residential water use is for outdoor irrigation during the summer months. With summerjust around the corner, bringing with it the greatest opportunityfor making substantial conservation gains,immediate action is essential. As a result, the Board will begin assessing compliance with the submittal of the June monthly report on July 15, 2015. Commenters pointed out that a month-by-month comparison of the percentage reduction in water use is confusing to the public because of the potentially wide variation in results due to temperatures, precipitation, and other factors. Several comments suggested using a 12-month rolling average; however a cumulative approach will also eliminate the wide swings that can occur in a mon th-by-month comparison and give a more accurate sense of progress. Beyond June, the Board will track compliance on a cumulative basis. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. This tracking will look like the sample graph below. Fact Sheet Water Boards Example Comparison of Monthly Savings and Cumulative or Running Savings 2013 Water 2015 Water Monthly Cumulative or Use Use s avings Running Savings June 1000 800 20% 20% July 1500 1050 30% 26% Angus t 1200 1020 1 15% 22% September 1900 825 1 8% 20% Monthly savings Cumulative or Running Savings 30% 22% 7 77 20% 15° 8% June July August September Two additional tools are included in the draft regulation to both expedite the investigation of water suppliers not meeting their conservation standard and require the implementation of actionsto correct this situation. A new informational order is proposed that water suppliers would be required to respond to or face immediate enforcement. The proposed conservation order can be used to direct specific actions to correct non-compliance. Both of these tools are tailored to the emergency circumstances that the State finds itself in as a result of continuing drought conditions. Violation of an information or conservation order carries a penalty of up to $500 per day. The Board will work with water suppliers along the way that are not meeting their targets to implement actions to get them back on track. These actions could include changes to rates and pricing, restrictions on outdoor irrigation,public outreach, rebates and audit programs, leak detection and repair, and other measures. The Board may use its enforcement tools to ensure that water suppliers are on track to meet their conservation standards at any point during the 270 days that the emergency regulation is in effect. In Conclusion The Board received many comments on howto incorporate factors correlated with water use, such as climate, density, past conservation achievements, growth, and others. Many of these factors are accounted for in the State's 20x2020 conservation approach adopted in 2009,and they are relevant to a longer-term conservation policy. While the draft regulation does not directly adjust the conservation standards based on climate or otherfactors, the increase in the number of tiers gives many communities in the hotter, inland areas a lower conservation standard th an they would have otherwise been subject to. Fact Shee W_ There were also many comments that discussed how recycled water and other new sources of water supply should factor into the conservation standard. Many suggested that potable recycled water supplies be excluded from the amount of water subject to the conservation standard and that a credit system be established to also recognize investments made in developing non-potable recycled water supplies(which are not included in Total Water Production). Both of these sources of supply add resiliency and are key to a more sustainable water future. These suggestions were not integrated into the draft regulations because while the State, our federal government partners and local governments have provided much needed capital to make these projects work; they are still sources of supply that need to be managed judiciously, especially in times of drought. The staff appreciatesthe extensive input submitted from individuals,communities and organizations around the State. In particular, comments that targeted specific concerns and provided specific solutions were very well received. There has been a wealth of input on actions that are more appropriately dealt with over the longer term, not necessarily in this rulemaking. These suggestions will be considered as the Board moves forward in establishing permanent regulations for water usage, conservation, and reporting under Provision 9 of the Executive Order as well as additional temporary emergency regulations that may be needed if it does not rain significantly next winter. Yorba Linda Water District Independent, Reliable and Trusted Service for More Than 100 Years April 22, 2015 Felicia Marcus Chairperson, State Water Resources Control Board Attn: Jessica Bean 1001 1 Street, 24th Floor Sacramento CA 95814 Subject: YLWD Second Comment Letter on the Mandatory Conservation Proposed Regulatory Framework Dear Chairperson Marcus, Yorba Linda Water District continues to request consideration of the points detailed in our April 13 letter. Every water provider has different requirements and challenges in operating a public water system while protecting public health and public safety, and without accommodation of the factors we have delineated we feel these are at risk. We especially request consideration of providing credit for Indirect Potable Reuse and for required irrigation of Fuel Modification Zones within our service area. In the interest of brevity, suffice it to say we fully support both of these adjustments as detailed in the letter emailed today by MWDOC. Thank you for your consideration. Marc Marcantonio General Manager CC: YLWD Ratepayers Orange County Water District, P.O. Box 8300, Fountain Valley, CA 92728 Municipal Water District of Orange County, P.O. Box 20895, Fountain Valley, CA 92728 1717 E.Mirainma Avenue Placentia,CA92670 714.701-3000 7'14-701-3058 Fax MUNICIPAL WATER DIST RICT M OF ORANGE COUNTY April 13, 2015 Street Address: 18700 Ward Street Ms. Jessica Bean Submitted via e-mail Fountain Valley,California 92708 Jessica.bean @waterboards.ca.gov Mailing Address: State Water Resources Control Board P.O.Box 20895 1001 1 Street, 24th Floor Fountain Valley,CA 92728-0895 Sacramento, CA 95814 (714)963-3058 Fax:(714)964-9389 Subject: Input on Regulatory Concepts to implement the www.mwdoc.com Governors April 1, 2015 Executive Order Larry D.Dick President The Municipal Water District of Orange County appreciates the Wayne S.Osborne opportunity to provide input to the State Water Resources Control Vice President Board (State Board) on implementation of the Governor's Executive Brett Re Director Order B-29-15. We recognize and sympathize with the State Board Direct Joan C.Finnegan that the Residential-GPCD metric is an imperfect approach to Director monitoring progress in reducing water use and that there is simply not Susan Hinman sufficient time to put in place more appropriate measures such as Director SatTa Director Efficiency Targets, at this time. We must act now to address our Director current state of water supply emergency due to the intensifying drought Jeffery M.Thomas conditions impacting California residents and businesses. Our Director Robert J.Hunter comments are intended to address modifications that can make General Manager immediate improvements to the proposed framework. MWDOC provides the following comments for your consideration that are MEMBER AGENCIES intended to improve upon the path we all are on: City of Brea 1. Recognition of Indirect Potable Reuse (IPR) — Expanding the use City of Buena Park East Orange County Water District of recycled water is a priority in the state of California as El Toro Water District documented in the California Water Plan. IPR substitutes highly Emerald Say Service District treated wastewater for other potable water sources. Orange City of Fountain Valley County is a leader in recycled water use for both irrigation and City of Garden Grove dual plumbed buildings (purple pipe), and Indirect Potable Golden State Water Co, City of Huntington Beach Reuse. Not recognizing IPR undermines the state policy to Irvine Ranch Water District encourage expanded use of recycled water. Laguna Beach County Water District City of La Habra The SWRCB should adjust gpcd for agencies receiving IPR City of La Palma through the Ground Water Replenishment System (GWRS) to Mesa Water District promote equity and expanded use of recycled water. The Moulton Niguel Water District City of Newport Beach methodology for calculating the IPR-Adjusted Production would City of Orange be as follows: Orange County Water District City of San Clemente (Total production) — (IPR Credit) = IPR-Adjusted Production City of San Juan Capistrano Santa Margarita Water District - City of Seal Beach This adjustment should be made to the 2013 baseline months Serrano Water District and each reporting month going forward. South Coast Water District Trabuco Canyon Water District City of Tustin City of Westminster 1 Yorba Linda Water District 2. Consider the following modifications to the percent tier reductions: Add additional tiers for a 15% and 30% reduction —The 10 percent increase between tiers imposes a higher than necessary reduction on some agencies in those tiers. Adding additional tiers targeting 15% and 30% reductions, while maintaining an overall state-wide 25 percent reduction, would be more equitable. 3. Consider an "Actions Based" compliance track —We understand the importance and emphasis on results. However, we suggest a parallel compliance approach. Give agencies the opportunity to develop a local plan that contains specific actions and enforcement measures to achieve the assigned water use reduction, thereby achieving compliance. Our assumption is that the requirements for this compliance approach would be fairly severe. Actions could include, but not be limited to, two day a week watering with no watering on Monday, Wednesday and Friday to allow easier enforcement. One day a week in winter. Enforcement to include staff patrolling with customer notification, complaint response, documented compliance or accelerating enforcement, fines as necessary. All actions and enforcement would be documented to the State Board on a monthly basis. An actions based compliance track would provide agencies the flexibility to design a customized plan to meet their local needs. Action based plans would be submitted to the State Board Executive Director for approval. 4. Consider refining how agencies are assigned to reduction tiers - Assign reduction tiers based on the per capita average for the entire year of 2013, not just September 2014. This will smooth out some of the inconsistencies from using just one month. There is a degree of inequity associated with using a one month baseline. With any single data point approach, individual events and actions can distort the data. For example, one area having a single large precipitation event. We suggest that the Board utilize the 2013 annual average R-GPCD as the basis for sorting utilities into the tiers. 5. Additional Guidance —there a number of area that could benefit from additional guidance from the State Board, these include: a. R-GPCD metrics are not calculated consistently — potentially significant variation by water pruveyors on how they calculate per capita water use and population exists. For example, some agencies are using production and others are using sales data. Agencies should have the choice of using production or sales data, whichever is most appropriate for that agency. Guidance documentation should be developed to minimize this variation and improve consistency. Once this guidance is established, agencies should be given the opportunity to revise previously submitted data. b. Growth in Customer Base —With the recovery from the recession, several agencies in Orange County are experiencing considerable growth due to development. The State Board should provide an allowance for agencies 2 to incorporate a growth adjustment in their population. 6. Revisit deadlines —The State Board should consider moving up the compliance deadline for installation of water meters to 2018 and implementation of the new groundwater requirements from 20 years to 10 years. Both these measures will expedite better water management for California. 7. The State Board should maintain the availability of the alternative compliance option for those agencies implementing budget-based tiered rates. This alternative option acknowledges progressive rate structures, however, agencies using budget-based-tiered rates will still need to meet their water savings goals. 8. Planning for the next drought — a. The State Board and Department of Water Resources should assist agencies to develop water budgets or efficiency targets for each consumer. Efficiency targets allow a water agency to inform a customer about what constitutes an efficient level of use. Monitoring actual water use compared to an efficiency standard will allow water agencies to easily identify and focus on customers using water in excess of their efficiency target. Efficiency targets account for previous investments in water use efficiency. It is our strong belief that efficiency targets are a more appropriate mechanism to monitor drought response progress than the existing R-GPCD method. b. R-GPCD reporting should be weather normalized — Temperature and precipitation or evapotranspiration data should be used to weather normalize water use data for reporting purposes. A preliminary analysis of water use in Orange County shows a November water savings increase from 3 percent (not weather normalized) to 13 percent when weather normalized. US Climate Data or the California Irrigation Management Information System are well established, broadly accessible data sets that can be used for this analysis. Several weather normalization methodologies exist, including methods from the California Urban Water Conservation Council, American Water Works Association, and California Public Utilities Commission. It is our opinion that weather normalizing the R-GPCD reporting would make the reporting results more accurate and meaningful. We would have preferred a conservation approach where everyone has the same goal. We are one State, working together to manage a common, statewide resource. An approach has been taken which is based on only one of several possible metrics (e.g., per capita use). Other factors that could have been chosen include previous demand reduction performance, land use, precipitation and temperature. We believe that this approach emphasizes divisions rather that unified goals and actions. It would be our hope that a broader, comprehensive procedure be implemented in the coming months as we all diligently work for better stewardship of our common water resource. 3 Again, we appreciate the opportunity to provide input on implementation of the Governors Executive Order B-29-15. Should you have any questions regarding these comments, please contact me at (714) 593-5026. Sincerely, Robert J. Hunter Cc: Larry D. Dick Member Agencies 4 What's GOING on? In response to the Governor's statewide drought declaration, Yorba Linda Water District has a water conservation ordinance. The purpose of the ordinance is to prevent the waste of District water and to protect the health and safety of water users within the Yorba Linda Water District. The ordinance outlines permanent, year-round water conservation measures and prohibitions against water waste, as well as a four part contingency plan which can be implemented in stages upon the declaration of water shortages. Violations of any provisions of the ordinance that are observed by members of the District staff will result in penalties that will begin with a warning and follow with fines for subsequent violations. Adhering to the terms of the ordinance will not only allow you to avoid fines, but you will be doing your part to help us avoid extreme restrictions in a water shortage that affects us all. 4 For more conservation info: www.H2Oconserve.org Information on water use efficiency and rebate: www.BeWaterWise.com Water saving opportunities in your home: www.H2Ouse.org Important phone numbers: Customer Service: (714) 701-3000 Emergency: (714) 701-3000 For more information about the ordinance, please contact: Phone: (714) 701-3024 Email: info @ylwd.com If you would like to report a possible violation, please contact: Phone: (714) 701-3029 Email: info @ylwd.com Violations of any provisions of the ordinance that are observed by members of the District staff can result in fines that will be collected on the water bill.This brochure is a summary of the residential elements in the ordinance. To read the full text of the ordinance, please visit the Yorba Linda Water District website at www.ylwd.com Yorba Linda Water District WATER Mbtl l %k LET'S GETS SMART. ATER Thank you for helping to conserve water! Printed on recycled paper Have questions about the ordinance? Phone: (714) 701-3000 Email: info @ylwd.com Permanent, year-round water conservation measures ana prohibitions against water waste Watering of Lawns and Plants • Watering is prohibited between the hours of 9:00 a.m. and 6:00 p.m. on any day except for the express purpose of adjusting or repairing an irrigation system* • Watering is limited to 15 minutes per station per day* • Watering or irrigating of lawn, landscape or other vegetated area is prohibited when it is currently raining or there is a forecasted chance of rain of 50 percent or higher Other Restrictions • No excessive water flow or runoff that causes or allows water to flow onto an adjoining sidewalk, driveway, street, alley, gutter or ditch • No washing down hard or paved surfaces except when necessary to alleviate safety or sanitary hazards • No excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system • Re-circulating water required for water fountains and decorative water features • Washing vehicles limited to use of a hand-held bucket or similar container and/or a hand-held hose equipped with an automatic shut-off water nozzle or device The following X71 lortage Stages may be de- clared to respond to local or regional water shortage conditions and emergencies. STAGE 1 • Watering: 3 days/week. Odd numbered addresses can irrigate M-W-F, and even numbered addresses on T-TH-SAT. No irrigation on Sundays.* STAGE 2 • Apr.-Oct.: watering limited to 3 days/week. Odd numbered addresses can irrigate M-W-F, and even numbered addresses on T-TH-SAT. Nov.-Mar.: watering limited to 2 days/week. Odd numbered addresses - MON and FRI, and even numbered addresses -TUES and SAT. No irrigation on Sundays. STAGE 3 • Apr.-Oct.: watering limited to 2 days/week (MON and FRI, or TUES and SAT). Nov.-Mar.: watering limited to 1 day/week, in which odd numbered addresses are permitted to irrigate on Monday only and even numbered addresses are permitted to irrigate Saturday only* • Re-filling of more than one-foot, and initial filling of residential swimming pools or outdoor spas is prohibited STAGE 4 • No watering or irrigating of lawn, landscape or other vegetated area with potable water. (For exceptions to this restriction, see full text of ordinance) • Leaks must be corrected in no more than 1 day of receiving notice from the District • Upon declaration of a Stage 4 Water Supply Shortage Emergency, no new water service will be provided except to protect the public health, safety, and welfare * Landscape irrigation systems that exclusively use very low-flow drip irrigation where no emitter produces more than 2 gallons of water per hour,and weather based controllers or stream rotor sprinklers that meet a 70% efficiency standard are exempt from these restrictions. water conservation stages STAGE 1 Minimum water shortage reduce usage by 10% STAGE 2 Moderate water shortage reduce usage by 10%-20% STAGE 3 Severe water shortage reduce usage 20%-35% STAGE 4 Critical water shortage reduce usage more than 35% Violations Violations of any ordinance items must be personally observed by members of the District staff. The fines for such violations will be collected on the water bill. Failure to pay a fine amount will be treated as nonpayment of the water bill and water service may be terminated as a result. Protests for violations are allowable per Section 8 of the ordinance. The fines for such violations are as follows: • 1st Violation-YLWD will hand deliver a door hanger to the location of the violation and mail a notice to the current billing address •2nd Violation-A 2nd violation within 12 calendar months of the 1 st violation is punishable by a penalty of$100 •3rd Violation-A 3rd violation within 12 calendar months of the 1 st or 2nd violation is punishable by a penalty of $250 • 4th and Subsequent Violations-A 4th and any subsequent violation within 12 calendar months of the 1 st or any subsequent violation is punishable by a fine of$500 • In addition to any fines, the District may install a water flow restrictor device • In addition to any fines and the installation of a water flow restrictor, the District may disconnect a customer's water service for willful violations of mandatory restrictions Hardship Variance If, due to unique circumstances, a specific requirement of the ordinance would result in undue hardship, a customer may apply for a variance,according to section 6 of the ordinance,at www.ylwd.com or the District Offices.