DEPARTMENT
Water Enterprise
AGENDA NO.
19 MEETING DATE
February 22, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Adopt: Updated Water Waste Restrictions
Project Manager: Paula Kehoe
Summary of
Proposed
Commission Action:
Update the SFPUC ’s permanent water waste restr ictions (Resolut ion 16-0127), also contained in Section E, Rule 12 of the SFPUC’s Rules and Regulations Governing Water Service to Cust omers, to add a new provision prohibiting a ny homeowner’s association or community service organization from penalizing or threatening individual owners who take measures to reduce irrigation u se, to reflect a similar provision in the counterpart emergency water waste regulation s adopted by the California State Water Resources Control Board (Stat e Water Board) on January 4, 2022 ( Resolution 2022-0002) in response to California’s current drought.
Background: Since the 1990s, the SFPUC has had restrictions against various forms of water wast e, starting first as drought response measures and later becoming permanent conservation best management practices.
During California’s last major drought of 2013 to 2016, the SFPUC updated and expanded its water waste restrictions to be consistent with emergency drought regulations the State Water Board passed in 2015 (Resolution 2015- 0013). At that time, the SFPUC also updated its procedures for tracking and responding to reports of water waste, which included establishing the City’s 311 system as the ce ntral means for reporting water wa ste; assigning the SFPUC ’s Water Conservation Sec tion as the responsible party for investigating and responding to reports of water waste; and confirming the SFPUC ’s policy of progressive notification and education to help people at sites identified with potential water waste. On June 28, 2016 ( Resolution 16-0127), t he SFPUC adopted permanent water waste restrictions identical to the prohibited water uses in the temporary regulations the State Water Board adopted in Resolution 2015- 0013. Since the SFPUC added water waste reporting through the 311 system in 2014, it has received and investigated over 3,000 reports of potential waste.
SFPUC staff have found the process of notifying and educating parties reported to have committed water waste effective in resolving most issues without the need for issuing fines.
In response to California ’s current drought, on January 4, 2022, t he Adopt: Updated Water Waste Restrictions
Commission Meeting Date: November 23, 2021
State Water Board adopted new state wide emergency drought regulations that contain all the water waste restrictions the SFPUC already implements, plus additi onal restric tions preventing homeowners’ associations from penal izing or threatenin g individual owners who take measures to reduce irri gation use. Th e State Water Board regulations do not preclude lo cal agencies from implementing their own water waste programs and us ing their ow n progressive enforcement practices to promote conservation.
Public Hearing Notice
Pursuant to Charter Section 4.104(a)(1), a Notice of Public Hearing was posted on the SFPUC website on February 4, 2022.
Description of
Action:
This acti on amends Section E, Rule 12 (Water Use Restrictions) , of the SFPUC ’s Rules and Regulations Gover ning Water Se rvice to Customers SFPUC adopte d in Resolution 16- 0127 to add a new provision that prohibits any homeowners’ association or community service organiz ation from taking or t hreatening action against any property owner for reducing or eliminating irrigation during drought or requiring any property owner to remove installed w ater-efficient landscaping measures once a drought ends.
See the atta ched Resolution for the complete list of the S FPUC’s permanent wat er waste res trictions, including the a bove-proposed addition.
Result of Inaction: A delay in adopting this Action w ould prevent SFPUC from independently enforcing the above-proposed changes t o its water waste restrictions, and such restrictions would cease upon the expiration of the State Water Board’s current drought emergency water waste regulations adopted on January 4, 2022 (Resolution No. 2022-0002).
Schedule: Effective February 2 2, 2022 with approval of this resol ution, the additional water waste rest rictions noted in the Descrip tion of Action section of this agend a item will be added to the SFPUC’s permanent water wast e restrictions as reflected in the Resolution for this agenda item.
Recommendation: SFPUC s taff reco mmends that the Commission adopt the at tached resolution.
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, On June 28, 2016, by Resolution No. 16-0127, the SFPUC adopted updates to its permanent water waste restrictions and program procedures for tracking and responding to public reports of water waste, which are also reflected in Section E, Rule 12 of the SFPUC’s Rules and Regulations Governing Water Service to Customers; and
WHEREAS, On January 4, 2022, by Resolution No. 2022-0002, in response to California’s current drought, the California State Water Resources Control Board (State Water Board) adopted drought emergency water waste regulations; and
WHEREAS, SFPUC is authorized to separately implement its own water waste restriction programs, and the SFPUC’s current permanent water waste restrictions include all the measures the State Water Board’s drought emergency water waste regulations contain except those pertaining to homeowner’s association or community service organization restrictions against penalizing or threatening individual owners who take measures to reduce irrigation use; and
WHEREAS, The SFPUC plans to continue to implement a permanent, local water waste restriction program and seeks to update its existing water waste restrictions to include the State Water Board’s new homeowner’s association and community service organization restrictions; now therefore, be it
RESOLVED, That this Commission does hereby revise Rule 12 (Water Use Restrictions) of Section E of its Rules and Regulations Governing Water Service to Customers to add the following new homeowner’s association and community service organization restrictions as follows (added text shown in bold underline):
Rule 12.
Water Use Restrictions
1. The customer will be in violation of the SFPUC’s Water Waste Restrictions if the customer is found to be using water in the following ways:
a) Application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots or structures.
b) Use of hoses for any purpose without a positive shut-off valve. c) Use of potable water to wash sidewalks, driveways, plazas, and other outdoor hardscapes for reasons other than health, safety, or to meet City of San Francisco standards for sidewalk cleanliness and in a manner that causes runoff to storm drains and sewer catch basins.
d) Use of single pass cooling systems, fountains and decorative water features, and commercial car washes.
e) Application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall.
f) Irrigation with potable water of ornamental turf on public street medians. g) Use of potable water for consolidation of backfill, dust control, or other nonessential construction purposes if foundation drainage or recycled water is available and approved by the Department of Public Health.
h) Serving drinking water other than upon request at eating or drinking establishments, including restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served.
i) To promote conservation, hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily and display notice of this option in guestrooms.
2. Any homeowner’s association or community service organization or similar entity is prohibited from:
a) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; 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; or c) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
4. As used in this Rule:
a) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
b) “Homeowner’s association” means an “association” as defined in section 4080 of the Civil Code.
c) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
d) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
e) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
f) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
5. The SFPUC directs members of the public to report potential instances of water waste or other violations of this Rule through the City’s 311 system. SFPUC staff regularly review and respond to reports submitted. The SFPUC will notify customers and other entities subject to this Rule that it observes or are publicly reported to be violating a water waste restriction and advise them of corrective action. Notification methods may include letter, phone call, and dispatch of an inspector. Customers and other entities subject to this Rule may be subject to enforcement that could include fines on their water bill, installation of flow restriction devices, injunctions, or other actions as deemed appropriate
; and be it
FURTHER RESOLVED, that the a true and correct copy of these revised regulations will be filed wiwith the Clerk of the San Francisco Board of Supervisors no later than 10 days after the adoption of this Resolution.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of February 22, 2022.
Secretary, Public Utilities Commission