ITEM 4.8
CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: DECLARATION OF DROUGHT EMERGENCY
REGULATIONS AND IMPLEMENT LEVEL 2 WATER
SHORTAGE RESPONSE ACTIONS OF THE CITY OF
LATHROP WATER SHORTAGE CONTINGENCY PLAN
RECOMMENDATION: Adopt Resolution Declaring Drought Emergency Regulations and Implement Level 2 Water Shortage
Response Actions of the City of Lathrop Water
Shortage Contingency Plan
SUMMARY:
Due to extreme drought conditions in California on March 28, 2022, Governor Newsom issued Executive Order ( E. O.) N- 7- 22 that directed the State Water Resources Control Board ( SWRCB) to consider adopting emergency regulations that included a requirement for urban water suppliers to implement water shortage response actions for a shortage level of up to twenty percent ( Level 2) per their Water Shortage Contingency Plan ( WSCP). On April 20, 2022, the SWRCB issued draft text of their proposed emergency regulations indicating these requirements will need to be implemented by June 10, 2022.
In response to E. O. N- 7- 22 and the SWRCB draft emergency regulations, staff requests that Council declare a drought emergency and implement water shortage response actions for a shortage level of up to twenty percent ( Level 2) of the City' s WSCP.
BACKGROUND:
New water conservation legislation in 2018 created a WSCP mandate replacing the water shortage contingency analysis under former law. On June 14, 2021, the City Council adopted the 2020 Urban Water Management Plan and its WSCP. The WSCP contains several prescriptive elements per the 2018 legislation, such as:
Key attributes of its Water Supply Reliability Analysis; Six standard water shortage levels corresponding to progressive ranges of up to 10-, 20-, 30-, 40-, and 50- percent shortages and greater than 50- percent shortage;
Locally appropriate ' shortage response actions" for each shortage level, with a corresponding estimate of the extent the action will address the gap between supplies and demands;
CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
DECLARATION OF DROUGHT EMERGENCY REGULATIONS AND IMPLEMENT LEVEL 2 WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP
WATER SHORTAGE CONTINGENCY PLAN
Procedures for conducting an annual water supply and demand assessment with prescribed elements; following adoption of the UWMP 2020, the City is required to submit by July lst of each year an annual water shortage assessment report to DWR;
Communication protocols and procedures to inform customers, the public and government entities of any current or predicted water shortages and associated response actions;
Monitoring and reporting procedures to assure appropriate data is collected to monitor customer compliance and to respond to any state reporting requirements;
A reevaluation and improvement process to assess the functionality of its WSCP and to make appropriate adjustments as may be warranted.
The following measures are required for the Level 2 shortage response actions:
r •
1 10 1. Continue with mandatory requirements in promotion of water conservation as required in LMC 13. 08. 120
2. Application of potable water directly to driveways and sidewalks is prohibited.
3. Irrigating outdoor landscapes or turf is limited to no more than three ( 3) days per week following
schedules established by resolution of city council.
4. Watering only after 7 p. m. in the evening and before 10 a. m. in the morning.
5. To promote water conservation, operators of hotels
and motels are encouraged to provide guests with the
option of choosing not to have towels and linens
laundered daily.
6. Eating or drinking establishments are encouraged to
serve drinkin water onl u on re uest.
2 20 1. Continue with action and measures from Stage I
except where superseded by requirements that are
more stringent.
2. Irrigating outdoor landscapes or turf is limited to no more than two ( 2) days per week following schedules
established by resolution of cit council.
It is recommended that the Level 2 irrigation of outdoor landscapes be established by resolution as follows:
CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
DECLARATION OF DROUGHT EMERGENCY REGULATIONS AND IMPLEMENT LEVEL 2 WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP
WATER SHORTAGE CONTINGENCY PLAN
Watering days are staggered based on your home or business address, with odd numbered addresses watering on Tuesday and Saturday and even numbered addresses watering on Wednesday and Sunday.
Under Level 2, compiiance and enforcement is authorized per LMC 13. 08. 260 Violation - Penalty as follows:
Citations may be issued for the following violations of the provisions of Section
13. 08. 120 the city' s WSCP set forth in Section 13. 08. 130, and the corresponding fees and charges will be added to the utility bills of customers who are observed by enforcement personnel listed under Section 13. 08. 050 in violation of such. Refusal to pay fines as assessed shall result in the termination of service to the customer and/ or the placement of a lien against the property. Fines shall be imposed as follows:
A. Any wasteful water usage during, and as defined in this chapter or the WSCP, shall carry fines as listed below:
1. Fifty dollars ($ 50. 00) upon the second notification of such offense;
2. Seventy- five dollars ($ 75. 00) upon the third notification of such offense;
3. One hundred dollars ($ 100. 00) upon the fourth notification of such offense, and a fourth notification shall also result in the installation of a flow restrictor by the city staff at the customer' s expense, which shall remain in place for the remainder of the drought or water emergency.
In addition to the requirement to implement the Level 2 WSCP demand reduction actions, E. O. N- 7- 22 and the draft SWRCB emergency regulations include additional Urban Drought Response Actions, including but not limited to:
Initiate public information and outreach campaign for water conservation and promptly and effectively reach the supplier' s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media.
Implement and enforce a rule or ordinance limiting landscape irrigation to no more than two days per week and prohibiting landscape irrigation between the hours of 10: 00 AM and 6: 00 PM.
Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
CITY MANAGER' S REPORT PAGE 4
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
DECLARATION OF DROUGHT EMERGENCY REGULATIONS AND IMPLEMENT LEVEL 2 WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP
WATER SHORTAGE CONTINGENCY PLAN
To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of nonfunctional turf at commercial, industrial, and institutional sites.
Amendments to LMC 13. 08 Water Conservation and Rationing are necessary to update the City' s water conservation ordinance to be consistent with E. O. N- 7- 22 and the SWRCB draft of proposed test of the emergency regulation. Staff anticipates adoption of an emergency ordinance at the June Council meeting after the emergency regulation has been finalized.
Pursuant to the City' s WSCP and LMC 13. 08. 140 the City Council shall declare a drought when one or more of the following conditions exist:
a) A water shortage of greater than 10% is determined to exist based on the City's Annual Demand and Supply Assessment; and
b) A drought is declared by the Governor of California covering the water sources used by the City, and subsequent reductions of water supplied to the City will occur or are likely to occur.
REASON FOR RECOMMENDATION:
In response to Executive Order N- 7- 22 and the SWRCB draft emergency regulations, staff requests that Council declare a drought emergency and implement water shortage response actions for a shortage level of up to twenty percent ( Level 2) of the City' s WSCP.
FISCAL IMPACT:
There are no direct budget impacts associated with this action. The WSCP includes a discussion of the economic impacts of drought conditions in general terms, and describes how the City may enact drought rates to address anticipated revenue shortfalls.
ATTACH M ENTS:
A. Resolution Declaring Drought Emergency and Implement Level 2 Water Shortage Response Actions of the City of Lathrop Water Shortage Contingency Plan
B. Executive Order N- 7- 22 dated March 28, 2022
C. Working Staff Draft of Proposed Text of Operative Conservation Provisions of Emergency Regulation dated April 20, 2022
CITY MANAGER' S REPORT PAGE 5
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
DECLARATION OF DROUGHT EMERGENCY REGULATIONS AND IMPLEMENT LEVEL 2 WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP
WATER SHORTAGE CONTINGENCY PLAN
APPROVALS:
C-/ i - S I? G ,` 2
Greg son Date
Senior Civil Engineer
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Michael King Date
Director Public Works
Cari J s Date
Direct r f Finance
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Glenn Geb ardt Date
City Engineer
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Salvador Navarrete Date
City Attorney
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Stephen J. Salva re Date
City Manager
RESOLUTION 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
DECLARING DROUGHT EMERGENCY REGULATIONS AND IMPLEMENT LEVEL 2 WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP
WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, severe to extreme drought conditions currently exist in California throughout the majority of the state; and
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order E. O.) N- 7- 22 that directed the State Water Resources Control Board ( SWRCB) to consider adopting emergency regulations that included a requirement for urban water suppliers to implement water shortage response actions for a shortage level of up to twenty percent ( Level 2) per their Water Shortage Contingency Plan WSCP); and
WHEREAS, on April 20, 2022 the SWRCB issued draft text of their proposed emergency regulations indicating these requirements will need to be implemented by June 10, 2022; and
WHEREAS, pursuant to the City' s WSCP and LMC 13. 08. 140 the City Council shall declare a drought when one or more of the following conditions exist:
a) A water shortage of greater than 10% is determined to exist based on the City' s Annual Demand and Supply Assessment; and
b) A drought is declared by the Governor of California covering the water sources used by the City, and subsequent reductions of water supplied to the City will occur or are likely to occur; and
WHEREAS, the City' s WSCP states that under Level 2 irrigating outdoor landscapes or turf shall be limited to no more than two ( 2) days per week following schedules established by resolution of city council; and WHEREAS, staff recommends that the Level 2 irrigation of outdoor landscapes be established by resolution as follows:
Watering days are staggered based on your home or business address, with odd numbered addresses watering on Tuesday and Saturday and even numbered addresses watering on Wednesday and Sunday.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby declare a drought emergency and implement Level 2 Water Shortage Response Actions of the City of Lathrop Water Shortage Contingency Plan; and
BE IT FURTHER RESOLVED, the Level 2 irrigation of outdoor landscapes is established as follows: Watering days are staggered based on your home or business address, with odd numbered addresses watering on Tuesday and Saturday and even numbered addresses watering on Wednesday and Sunday.
The foregoing resolution was passed and adopted this 16th day of May, 2022, by the foliowing vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Attachment B
EXECUTIVE DEPARTMEN i
STATE OF C; LI OI2NIA
EXECUTIVE ORDER N- 7- 22
WHEREAS on April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on o r communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parfs of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California' s water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vuinerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Ciara Vailey and provides critical cold- water habitat for salmon and other anadromous fish, have water storage levels that are approximately 1. 1 million acre- feet below last year' s low levels on this date; and WHEREAS the record- breaking dry period in January and February and the absence of significant rains in March have req ired the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary ta protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State' s total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary suppiy; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the dro ght, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 20201evels by implementing the commonsense measure5 identified in operative paragraph 1 of Executive Order N- 10- 21 ( July 8, 2021); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, i find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections$ 567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in full force and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summerfime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater. com provides simple ways for Californians to reduce water use in their everyday lives. Furfhermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.
3. By May 25, 2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include alI of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632. 1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632. 1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency pian to the
Deparfment of Water Resources implement, at a minimum, the shorfage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent ( Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplie that has not submitted a water shortage contingency plan to the
Deparfment of Water Resources implement, at a minimum,
shortage response actions estabfished by the Water Board, which shali take into consideration model actions that the Deparfment of Water Resources shall develop for urban water supplier water shorfage contingency planning far Level 2, by a date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought lasts beyond fhis year, I encourage urban water suppiiers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent ( Levef 3).
4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Wpter Board shail consider adopting emergency regulations defining " non-functionai turf" ( that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non- turf plantings.
5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 ( commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drougnt, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
6. To support volunfary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a)( 1 j( A)( i)-( ii) are suspended with respect to any petition that is subject to this paragraph.
7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency thot prohibits the hauling of water out of the water' s basin of origin or a public agency' s jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanifation in communities or residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a properfy owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 commencing with section 1822. 50) of Parf 3 of the Code of Civif Procedure for the purposes of conducting an inspection pursuant to this directive.
9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater weli or for alteration of an existing well in a basin subject to the Sustainabie
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is ( 1) not likely to interfere with the production and functioning of existing nearby welis, and 2) not likely to cause subsidence that would adversely impact or damage nearby infrastrucfure.
This paragraph shall not appiy to permits for wells that will provide less than two acre- feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.
10. To address household or small community drinking water shortages dependent upon groundwater welis that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconsiruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9. 1 1. Stpte agencies shall collaborate with tribes and federal, regionai, and local agencies on actions related to promoting groundwater recharge and increasing storage.
12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional woivers of waste discharge requirements to accelerate approvpls for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 ( commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, tb) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and ( c) permits necessary to carry out actions under( a) or( bj. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13. With respect to recharge projects under either Flood- Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and ( c) permits necessary to carry out actions under( a) or ( b), Public Resources Code, Division 13 commencing with section 2100Q and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or appravals for which these provisions are suspended.
14. To increase resilience of state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potentiai creation and implementation of a multi- year transfer program pilot project for the purpose of acquiring water from wiliing partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Deparfment of Finance for my consideration proposats to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a resuit of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildiife, mitigation of drought- related economic or water- supply disruption, and other potential investments to support short- and long-term drought response.
IT IS FURTHER ORDERED 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 of this Order.
This 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.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
t
A$ " .
r/ ,,.._._
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH. D.
Secretary of State
Attachment C
WORKING STAFF DRAFT OF PROPOSED TEXT OF OPERATIVE
CONSERVATION PROVISIONS OF EMERGENCY REGULATION
Version: April 20, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3. 5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
996. Urban Drouqht Response Actions
As used in this section:
1) " Commercial, industrial and institutional" refers to commercial water users, industrial water users and institutional water users as respectivelv defined in Water Code, section 10608. 12 subdivisions ( e) ( i) and ( j) and includes homeowners' associations common interest developments communitv service orqanizations and other similar entities but does not include the residences of these entities' members or separate interests 2) " Common interest development" has the same meaninq as in section 4100 of the Civil Code.
3) " Communitv service organization or similar entity" has the same meaninq as in section 4110 of the Civil Code.
4) " Homeowners' association" means an " association" as defined in section 4080 of the Civil Code.
5) " Non- functional turf' means turF that is solely ornamental and not reqularlv used for human recreational purposes or for civic or communitv events. Non- functional turf does not include sports fields and turF that is reqularly used for human recreational purposes or for civic or community events.
6) " Separate interest" has the same meaning as in section 4185 of the Civil Code.
7) " Turf" has the same meaning as in section 491.
8) " Urban water supplier" has the same meaning as Water Code section 10617.
9) " Water shortage continqencv plan" means the plan required bv Water Code section 10632.
1 Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632. 1 of the Water Code no later than June 1 2022, and submit a final annual water supplv and demand assessment to the Department of Water Resources no later than the deadline set by section 10632. 1 of the Water Code.
Each urban water supplier that has submitted a water shortaqe continqencv plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, the demand reduction actions identified in the supplier' s water shortaqe contingency plan adopted under Water Code 10632 for a shortaqe level of up to twenty percent ( Level 2) Each urban water supplier that has not submitted a water shortaqe continaencv plan to the Department of Water Resources shall by June 10 2022, and continuinq until the supplier has implemented the demand reduction actions identified in the supplier' s water shortage continqency plan adopted under Water Code 10632 for a shortaqe level of up to twenty percent ( Level 2), implement at a minimum the followinq actions:
1) Initiate a public information and outreach campaign forwater conservation and promptly and effectively reach the supplier' s customers usinq efforts such as email, paper mail bill inserts customer a„pp notifications, news articles, websites, communitv events radio and television, billboards, and social media.
2) Implement and enforce a rule or ordinance limitinq landscape irrigation to no more than two days per week and prohibitinq landscape irrigation between the hours of 10: 00 AM and 6: 00 PM.
3) Implement and enforce a rule or ordinance banninq at a minimum the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce as infractions the prohibitions in section 995 and takes enforcement aqainst violations 1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irriqation of non- functional turF at commercial, industrial and institutional sites 2) Notwithstandinq subdivision ( e)( 1) the use of water is not prohibited bv this section to the extent necessary to ensure the health of trees and other perennial non-turf plantinqs or to the extent necessary to address an immediate health and safetv need.
f A decision or order issued under this section bv the Board or an officer or employee of the Board, is subiect to reconsideration under article 2 commencinq with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
2 Authority: Section 1058. 5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080 4100 4110, and 4185, Civil Code; Section 8627. 7, Government Code Sections 102 104, 105, 275, 350, 491, 1122, 10608. 12, 10617, 10632, and 10632. 1 Water Code; Liqht v. State Water Resources Control Board( 2014) 226 Cal App 4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California ( 2020) 50 Cal.App. 5th 976.
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