Agenda packet — Milpitas City Council, September 1, 2026 (part 4 of 5)

2 Ordinance No. 232.21

RECITALS AND FINDINGS:

WHEREAS, the City operates a public water system, as defined by California Health and Safety Code Section 116275(h), and, since at leas t December 20, 1988, has maintained a Backflow Prevention & Cross-Connection Control Program to prot ect that public water system with regulations codified relating thereto in Title VIII, Chapter 3 of the Milpitas Municipal Code (commencing with Section VIII-3-1.00); and

WHEREAS, California Health and Safety Code Sections 116407, 116555.5 and 13521.2 focus on backflow protection and cross-connection control for public water systems and nonportable recycled water uses and provides the California State Water Resources Control Board (State Water Board) authority to adopt standards for backflow protection and cross-connection control for both systems; and

WHEREAS, California Health and Safety Code Section 116555.5 states that public water systems are to implement cross-connection control pr ograms that comply with applicable regulations and with standards adopted by the State Water Board; and

WHEREAS, prior to Assembly Bill 1671 being a pproved on October 6, 2017 (AB 1671), California’s regulations pertaining to cross-connection control were set forth in regulations in Title 17, Division 1, Chapter 5, Subchapter 1, Group 4, Article 3 of the California Code of Regulations (CCR), which were adopted in 1987 with minor revisions in 2000; and

WHEREAS, AB 1671 and later Assembly Bill 1180 in October 2, 2019 (AB 1180) comprehensively overhauled California’s regulatory scheme pertaining to cross-connection control and directed, among other things, that the State Water Board adopt standards for backflow protection and cross-connection control by January 1, 2020 and sp ecified that these standards may be implemented through the adoption of a policy handbook; and

WHEREAS, AB 1180, through the adoption of Califor nia Health and Safety Code Section 13521.2, required the State Water Board by January 1, 2023 to update the uniform statewide standards for non-potable recycled water uses, including to in corporate by reference the criteria and applicable backflow protection provisions contained within the most recently adopted version of the policy handbook for public water systems; and

WHEREAS, on December 19, 2023, the State Wate r Board adopted the Cross-Connection Control Policy Handbook (CCCPH), which took effect on July 1, 2024 and replaced the previous backflow protection and cross-connection control regulations in Title 17 of the CCR; and

WHEREAS, on June 17, 2025, the State Water Boar d adopted a revised version of the CCCPH, which extended some deadlines and changed some language to align with other pre-existing regulations; and

WHEREAS, on April 21, 2026, the State Water Board adopted a revised version of the CCCPH regarding accreditation of certifying organizations and backflow prevention at existing auxiliary water supplies; and

WHEREAS, consistent with California Health a nd Safety Code Section 116555.5 and the CCCPH, the City wishes to update the regulations c ontained in Title VIII, Chapter 3 of the Milpitas Municipal Code related to the Backflow Prevention & Cross-Connection Control Program to bring its

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regulations into greater alignment with the most recent standards promulgated by the State Water Board through the CCCPH, including the recent changes to the CCCPH identified above and particularly the recent changes to standards for non-potable recycled water uses; and

WHEREAS, the City has a vested and legitimate inte rest, and legal authority, to protect the public health, safety, and welfare by adopting reasonable regulations, including prohibitions, to control cross-connections in its public water and recycled water systems, including to prevent the backflow of dangerous of liquids, gases, or ot her substances and contaminants into its systems from customer properties; and

WHEREAS, the City has a vested and legitimate in terest, and legal authority, to implement corrective actions in the event a water customer fails to comply in a timely manner with State law and the City’s regulations regarding cross connection control and backflow pr evention, including the installation, inspection, field testing, or maintenan ce of backflow prevention assemblies, to protect its public water and recycled water systems, in cluding from the introduction of substances and contaminants that may pose a hazard to the public who rely upon these systems; and

WHEREAS, City staff has identified various sections of the Milpitas Municipal Code Title VIII, Chapter 3, requiring clarifications, updates a nd modifications and recommended that the City Council take action to address these issues through the adoption of this Ordinance; and

WHEREAS, pursuant to California Government C ode Sections 65853 and 65854, the City Council of the City of Milpitas held a properly noticed public hearing on June 9, 2026, to consider these amendments to the Milpitas Municipal Code Title VIII, Chapter 3; and

WHEREAS, the City Council finds that this Ordinance does not render the Milpitas Municipal Code Title VIII, Chapter 3, inconsistent with the re quirements of the State Water Board, including as promulgated through the CCCPH.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly consider ed the full record before it, which may include, but is not limited to, such things as the City staff report, testim ony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII (“PUBLIC WORKS”), CHAPTER 3 (“BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL”)

Title VIII, Chapter 3 of the Milpitas Municipal Code is hereby amended to read as follows:

VIII-3-1.00 Purpose

The purpose of this Chapter is to protect the health , safety, and welfare of the water

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customerspublic by the control of from the backflow of harmful contaminants into the ppublic wwater ssystem and recycled water system, stemming from actual or potential cross- connections. There are through twothree basictwo basic programs, whichprograms which will control and preventprotect against these harmful backflows:

a) Through proper installation and, maintenance and testing of backflow preventers prevention assemblies on services to premises where actual or potential cross-connections exist to pr event backflow or back-siphonage of contaminants or pollutants from the customer's premises into the Public Water Systempublic water system or recycled water system, and.

b) By promoting the elimination of existin g or future cross-connections through inspection and regulation of plumbing and water piping within between a customer’s premises and the, Public Water Systempublic water system or recycled water system. or between them.

Through proper installation and maintenance of backflow prevention assemblies on services to premises where actual or potential cross-connections exist to prevent backflow or back-siphonage of contaminants or pollutants from the customer’s premises into the Recycled Water System.

VIII-3-2.00 Authority

he California Environmental Protection Agen cy – State Water Resources Control Board (SWRCB), “Cross-Connection Control Policy Handbook – Standards and Principles for California’s s,” adopted on December 19, 2023, ma de effective on July 1, 2024, , the City is given the authority to protect public health th rough the establishment of standards intended to ensure a Public Water System will not be subject to the backflow of liquids, gases, or other substances.

Per applicable sections of the California Code of Regulations (CCR), Title 17, “Drinking Water Supply – Backflow Prevention” – Title 17 that can be applied to recycled water, the South Bay Water Recycling (SBWR) Rules and Regulati ons for Design and Operation of On-Site Recycled Water Facilities, and the retailing agreement between SBWR and the City dated June 13, 1995,m the City is given the authority to protect public health through the establishment of standards intended to ensure a Recycled Water Sy stem will not be subject to the backflow of liquids, gases, or other substances.Chapter V, Sections 7583-7622, inclusive of the California Code of Regulations entitled "Regulations Re lating to Cross-Connections," gives the City authority to protect the Public Water System from contamination and pollution.

The City Engineer on behalf of the City shall have authority to protect the Ppublic Wwater Ssystem and the Rrecycled Wwater Ssystem from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through water service connections by implementation and enforcement of a backfl ow prevention and cross-connection control program based on accepted standards.

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approved assembly at each service connection to the premises. The customer must immediately install such approved assemblies at his or her ow n expense and to the satisfaction of the City Engineer. Failure, refusal, or inability on the part of the customer to comply with this Chapter will constitute a groundgrounds for the City taking action to protect the safety of the public water system or recycled water system, includi ng discontinuing water service to the premises until compliance has been met and all other remedies provided in this Chapter.

The City Engineer has authority to terminate water service immediately without notification in the interest of protecting the public health, safety, or welfare if at any time a real or potential hazard is evidenced, such as failure to timely conform to required assessment of hazard, testing, maintenance, or standard construction design, as provided herein.

VIII-3-32.00 Definitions

For purposes of this Chapter, the terms used herein are defined as follows:

3.01 Air Gap Separation. A physical break between the free-flowing discharge end of a Public Water System pipeline and an open or non-pressure receiving vessel. An “approved air gap separation” shall be at l east twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, in no case less than one inch (1”).

Approved Water Suppliesy. A water source that has been approved by the State Water Resources Control Board for domestic use in a Public Water Systempublic water system and designated as such in a dom estic water supply permit.; and a separate recycled water source that meets South Bay Water Recycling requirements for recycled use in the recycled water system.

3.02 Assembly. An abbreviated term for a backflow prevention assembly.Approved Assembly. A backflow prevention assembly th at conforms to the list of backflow prevention assemblies as determined by the City Engineer in writing pursuant to Section 4.04. An assembly that does not conform to this requirement, or is improperly installed, is an Unapproved Assembly.

3.03 Assessment of Hazard. An assessment performed by an authorized cCross- cConnection cControl sSpecialist to determin e the potential of a backflow into the Public Water Systempublic water system. Th e assessment will consider the existence of cross-connections; the type and use of materials handled and present, or likely to be, on the water customer premises; the de gree of piping system complexity and accessibility; access to auxiliary water supplies, pumping systems, or pressure systems; distribution system conditions that increase the likelihood of a backflow event; water customer premises accessibility; any prev ious backflow incidents on the water customer premises; and all other pertinent authorities, requirements, and information, including the requirements and information provided in the California Environmental Protection Agency – State Water Resources Control Board, “Cross-Connection Control Policy Handbook – Standards and Prin ciples for California’s Public Water

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System.

32.034-1 Hazard, Degree of. An Aassessment of hazard must identify the degree of hazard (or no hazard) to the Ppublic Wwater Ssystem through evaluation of customer premises based on the following classifications:

32.034-21.1 High Hazard Cross-Connec tion. A cross-connection that poses a significant threat to the potability or safety of the Ppublic Wwater Ssystem. Materials entering the Public Water Systempublic water system through a high-hazard cross-connection are contaminants or health hazards.

32.034-31.2 Low Hazard Cross-Connection. A cross-connection that has been found to not pose a significant threat to the potability or safety of the Public Water Systempublic water system but may adversely affect the aesthetic quality of the Public Water Systempublic wa ter system. Materials entering the public water supply through a low-hazard cross-connection are pollutants or non-health hazards.

32.034-41.3 No Hazard Cross-Connection. A cross connection that poses no hazard to potability or safety of the Public Water Systempublic water system.

3.023.04 Auxiliary Water Supply. Any water supply available to the premises other than the Public Water Systempublic water system . These auxiliary supplies may include water from another purveyor's public Ppublic potable water Wwater Ssystem supply or any natural source such as a well, spring, river, stream, harbor, etcetc.., or “used water” or “industrial fluids .” or “recycled water”.. These waters may be polluted or contaminated, or they may be objectionable and constitute an unacceptable water source over which the City has no sanitary control.

3.05 Backflow. The undesirable flow of water or other liquids, gases , or solid substances under pressure into the distributing pipes of the Public Water Systempublic water system or recycled water system from any outside source.

3.06 Backflow Prevention Assembly. A generi c term referencing multiple types of mechanical assembly designed and constructe d to prevent backflow, such that while in-line it is accessible, can be repaired and its ability to prevent backflow, as designed, can be field-tested, inspected, and eval uated. The assembly must have passed laboratory and field evaluation tests performed by a recognized testing organization that has demonstrated its competency to the State Water Resource Control Board, Division of Drinking Water. A backflow prevention assembly is referred to herein also by the abbreviated term “assembly.” A back flow prevention assembly is referred to herein also by the abbreviated term “Assembly.”

32.067-1 Double Check Detector Backfl ow Prevention Assembly (DCDA). An assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection

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from back siphonage and backpressure events (low hazard connection).

These assemblies are not allowed for new installation unless approved by the City Engineer and readily accessi ble for in-line maintenance and testing.

32.067-2 Double Check Detector Backflow Prevention Assembly – Type II (DCDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection from back siphonage and backpressu re events (low -hazard cross- connection). These assemblies are not allowed for new installations unless approved by the City Engineer and readily accessible for in-line maintenance and testing.

32.067-3 Double Check Valve Backflow Pr evention Assembly (DC). An assembly consisting of two independently actin g internally loaded check valves, with tightly closing shut-off valves lo cated at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field tes ting of the assembly. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard cross-connection). These assemblies are not allowed for new installations unless approved by the City Engineer and readily accessible for in-line maintenance and testing.

32.067-4 Pressure Vacuum Breaker Backflow Prevention Assembly (PVB). An assembly with an independently acting internally loaded check valve and an independently acting loaded air inlet valve located on the discharge side of the check valve; with test cock s and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from back siphonage (low hazard and high hazard cross-connection) events and is not to be used to protect from backpressure events. These assemblies are not allowed for new installations unless approved by the City Engineer and readily accessible for in-line maintenance and testing.

32.067-5 Reduced Pressure Principle Back flow Prevention Assembly (RP). An assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. Includes two independently operating approved check valves with an automa tically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the t esting of the check and relief valves.

The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for backflow prevention. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the Public Water Systempublic water system side of the device. At cessation of normal flow, the pressure between the two check valves shall

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be less than the pressure on the Pub lic Water Systempublic water system side of the device. In case of leakag e of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere.

When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections). To be approved, these assemblies must be readily accessible for in-line maintenance and testing.

32.067-6. Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDA). An assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. Includes two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and a pproval of a recognized and City- approved testing agency for backflow prevention. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the Public Water Systempublic water system side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the Public Water Systempublic water system side of the device. In case of leakage from either check valves, the differential re lief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pr essure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may be used for protection from back siphonage and backpressure events (low -hazard and high -hazard cross-c onnections). To be approved, these assemblies must be readily accessible for in-line maintenance and testing.

32.067-7. Reduced Pressure Principle De tector Backflow Prevention Assembly – Type II (RPDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may be used for protection from back siphonage and backpressure events (low -hazard and high -hazard cross-connections). To be approved, these assemblies must be accessible for in-line maintenance and testing.

32.067-8. Single Check Backflow Prevention Assembly (SC). A basic mechanical device with one spring-loaded check va lve that allows water to flow in only one direction. Refer to Section 4.05 for use.These assemblies are not testable and are not allowed for new installations.

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32.067-9. Spill Resistant Pressure Vacuum Breaker BacksiphonageBack-siphonage Prevention Assembly (SVB). An assem bly with an independently acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may onl y be used for protection from back-siphonage events (low -hazard cross-connection) and is not to be used to protect from backpressure events. These assemblies are not allowed for new installations.

32.067-10. Swivel-Ell Backflow Preven tion Assembly (Swivel-Ell). An assembly consisting of a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection).

These assemblies are not allowed for new installations.

3.07 Back Pressure. When the pressure in a Ccus tomer's Wwater Ssystem is higher than Public Water Systempublic water system pres sure or recycled water system, forcing either non-potable, “Uused Wwater” back into the Public Water Systempublic water system or contaminated “used water” back into the recycled water system.

3.08 Backflow Prevention Assembly Tester. A person certified by the Stateper the requirements of the Cross Connection Control Policy Handbook and when approvedqualified by the City, is authori zed to test backflow prevention assemblies within the City.

3.09 Back-Siphonage. The flow of water or other liquids, gases, or solid substances into the distribution pipes of the Public Water Systempublic water system or recycled water system from any outside source caused by the s udden reduction of pressure in the Public Water Systempublic water system or recycled water system.

3.033.10 City Engineer. The City Engineer for the City of Milpitas, or designee.

3.11 City Standard Drawings and Specifications. Latest edition documents prepared by the Public Works Department of the City.

3.12 Contamination. Any impairment of the quality of the potable water or recycled water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to public health through poisoning or through the spread of disease.

3.13 Cross-Connection. Any physical connection or arrangement of piping or fixtures where backflow or back-siphonage might occur between any part of a water system, used or intended to supply water for drinking pur poses, and water or any source or system containing substance that is not or cannot be approved as safe, wholesome, or potable for human consumption. Includes similar connection or arrangement of piping or fixtures where backflow or back-siphonage might occur to the recycled water system.

3.14 Cross-Connection Control Plan (CCCP). A City plan that describes how the City manages and administers the City Cross‑Connection Control Program.

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3.15 Cross-Connection Control Policy Handbook (CCCPH). The most recent edition of the California Environmental Protection Agency - State Water Resources Control Board (SWRCB), “Cross-Connection Control Policy Handbook – Standards and Principles for California’s Public Water Systems,” first adopted on December 19, 2023, and made effective on July 1, 2024, as morest currently amended or superseded.

3.16 Cross-Connection Control Specialist. A person certified per the requirements of the CCCPH and when qualified by the City, is authorized to assess the hazard level present at customer premises. A specialist certified per the requirements of the CCCPH to test may also be authorized by the City to be a Backflow Prevention Assembly Tester.

3.04 Backflow Prevention Device. A device or means designed to prevent backflow or back-siphonage. Types of backflow prevention devices are as follows:
4 5 2.04-1 Double Check Valve Assembly. An assembly of two independently operating approved check valves with tightly closing shutoff valves on each side of the check and relief valves. The entire assembly sh all meet the design and performance specifications and approval of a recognized and City approved testing agency for backflow prevention devices. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed per City standards. 6 7 2.04.2 Reduced Pressure Principle Backflow Prevention Device. An assembly of two independently operating approved check va lves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and perfo rmance specifications and approval of a recognized and City approved testing agency for backflow prevention. The device shall operate to maintain the pressure in the z one between the two check valves at a level less than the pressure on the Public Water Sy stem side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the Public Water System side of the device. In case of leakage of either of the check valves, the differential relief

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8 9 valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. Wh en the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed per City standards.
10 Cross-Connection Control Policy Handboo k (CCCPH). California Environmental Protection Agency - State Water Resources Control Board (SWRCB), “Cross- Connection Control Policy Handbook – Sta ndards and Principles for California’s Public Water Systems,” adopted on December 19, 2023, and made effective on July 1, 2024.

City Standard Drawings and Specifications. Latest edition documents prepared by the Public Works Department of the City.

10.02 Contamination. Any impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.

Cross-Connection. Any physical connection or arrangement of piping or fixtures where backflow or back-siphonage might occur between any part of a water system, used or intended to supply water for drinking pur poses, and water or any source or system containing substance that is not or cannot be approved as safe, wholesome, or potable for human consumption.

Cross-Connection Control Plan (CCCP). A City plan that describes how the City manages and administers the City Cross‑Connection Control Program.

Cross-Connection Control Specialist. A pe rson certified by the State and, when qualified by the City, is authorized to assess the hazard level present at customer premises. A specialist certified by the State to test may also be authorized by the City to be a Backflow Prevention Assembly Tester.

3.17 Customer. A customer is all industrial, commercial, multi-family, and single-family premises with a connection to the Public Water Systempublicwaterpublic water system intended for use and consumption for peopleotabl e consumption, for irrigation use, or for fire protection use. or a connection to the recycled water system intended for use and consumption for irrigation use or other non- drinkingpotable purposeuses. A customer is the owner of any premises served by either the public water system or the recycled water system. A customer may include any person or entity in possession of the premises, or those persons or entities responsible for water service charges. A customer is referred to herein also by the term “Water Customer”.

10.033.18 Customer's Water System. All privat ely-owned facilities and parts beyond the service connection of the Public Water Sy stempublicwaterpublic water system or recycled water system for distributing water.

10.04 Hazard, Degree of. The term is derived from an evaluation of the potential risk to public

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health and the adverse effect of the hazard upon the Public Water System. 11 12 2.07.1 Hazard – Health. Any condition, device, or practice in the water system and its operation which, based on the Manual of Cross-Connection Control, could create a danger to the health and well-being of the water customers. An example of a health hazard is a structural defect, including cross-connections, in a water supply system. 13 14 2.07.2 Hazard – Plumbing. A plumbing type cross-connection in a customer's potable water system has not been properly prot ected by a backflow prevention device.

Unprotected plumbing type cross-connections are considered to be a health hazard. 15 16 2.07.3 Hazard – Pollutional. An actual or potential threat to the physical properties of the Public Water System or to the potability of either the Public or the Customer's Water System, but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
17 18 2.07.4 Hazard – System. An actual or pote ntial threat of severe damages to the physical properties of the Public Water System or the Customer's Water System or of a pollution or contamination which would have a protracted effect on the quality of the water in the system.

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20 20.023.19 Industrial Fluid System. Any system containing a fluid or solution which may be chemically, biologically , or otherwise contaminated or polluted in a form or concentration such as would constitute a health, plumbing, pollutional or system hazard if introduced into an approved water suppl ythe Public Water Systempublic water system or recycled water system . This may include, but not be limited to: polluted or contaminated waters ; all types of process waters and "used waters" originating from the Public Water Systemcustomer’s water system which may have deteriorated in sanitary quality; chem icals in fluid form; plating acids and alkaliesalkalis, circulated cooling waters connected to an open cooling water or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells. springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.

3.20 List of Approved Backflow Prevention DevicesAssemblies. The most recent list of approved backflow prevention assemblies or equal as noted oin the City Standard Detailsrawings and Specifications.from the University of Southern California, School of Engineering, Foundation for Cross-Connection Control and Hydraulic Research.

3.21 Pollution. The presence of any foreign substance (organic, inorganic, or biological) in water, which tends to degrade its quality and constitutes a hazard or impairs the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use and/or recycled use.

3.22 Potable Water. Water that is safe for human consumption.

3.23 Premises. All areas on a customer's property that are served or have the potential to be served by the Public Water Systempublicwater public water system or recycled water system.

3.24 Public Water System. System of potable water distribution lines under the complete control of the City using approved water s upplies up to the service connection of the customer.

3.25 Recycled Water. Water which, because of tr eatment of waste, is suitable for direct beneficial use or a controlled use, other than potable use, that would not otherwise occur due to appropriate levels of treat ment, as defined by California Water Code section 13050(n). Wastewater suitable fo r uses other than potable use due to appropriate levels of treatment.

Recycled Water System. System of recycled water distribution lines up to the service connection of the customer. as supplied by South Bay Water Recycling (SBWR).

3.26 3.27 Service Connection. The terminal end of the Public Water Systempublic water ;system or recycled water system, i.e., where the City loses jurisdiction and sanitary control over the water at its point of delivery to the Ccustomer's Wwater Ssystem(s). If a meter is installed at the end of the service connection, then the service connection shall mean

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the downstream end of the customer's meter. There shall be no unprotected takeoffs from the service line on the City's side of the meter or backflow prevention assembly located at the point of delivery to the Ccustomer's Water Ssystem. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the Public Water Systempublic water system.

3.28 Used Water. Any water supplied by the City from the Public Water Systempublic water system or recycled water system to a Ccustomer's Wwater Ssystem after it has passed through the service connection and is no longer under the sanitary control of the City.

2.10 Manual of Cross-Connection Contro l. The latest edition of the Manual of Cross-Connection Control as published by the Foundation for Cross- Connection Control and Hydraulic Research , University of Southern California, University Park, Los Angeles, CA 90089.

2.11 Pollution. The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.

2.12 Service Connection. The terminal end of the Public Water System; i.e., where the City of Milpitas loses jurisdiction and sanitary control over the water at its point of delivery to the Customer 's Water System. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the customer's meter. There should be no unprotected takeoffs from the service line on the City's side of the meter or backflow prevention device located at the point of delivery to the Customer's Water System. S ervice connection shall also include water service connection from a fire hydrant and a11 other temporary or emergency water service connections from the Public Water System.

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2.13 Used Water. Any water supplied by the Ci ty from the Public Water System to a Customer's Water System after it has passed through the service connection and is no longer under the sanitary control of the City.

2.14 Water System. The water system shall be considered as made up of two parts:

The Public Water System and the Customer's Water System.

2.14.l The Public Water System shall consist of the source facilities and the distribution system; and shall include all those faciliti es of the water system under the complete control of the City up to the point where the Customer's Water System begins the service connection.

2.14.2 The Source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.

2.14.3 The Distribution System shall include the network of conduits used for the delivery of water from the source to the Customer's Water System.

2.14.4 The Customer’s Water System shall include those parts of the facilities beyond the service connection of the Public Water System for distributing water.

VIII-3-43.00 Policy

4.01 Water Service. No water service connection to any premises shall be installed or maintained by the City unless the Public Water Systempublic water system or recycled water system is protected from, including bu t not limited to, back pressure that may result infrom contamination and pollution, as required by this Chapter, the CCCPH, and other applicable laws and regulations. . Refer to exclusions as described in the requirements of Section 65.00. Service of water to any premises shall be discontinued by the City if a backflow prevention asse mbly commensurate to the hazard level identified in the assessment of hazard and as re quired by this Chapter is not installed, tested and maintained, or if it is found th at a backflow preventio n assembly has been removed, by-passed, or if any unprotected cross-connection exists on the premises.

Service will not be restored until such c onditions or defects are corrected to the satisfaction of the City Engineer.Temporary, intermittent, or emergency users of the public water system or recycled water syst em, including those outside of the City’s jurisdictional boundary, will be considered as consumers on premises for the purposes of this Chapter and will be subject to the same cross-connection control requirements as water service connections to any premises.No water service connection to any premises shall be installed or maintain ed by the City unless the water supply is protected from contamination and pollution. Service of water to any premises shall be discontinued by the City if a backflow prevention device required by this Chapter is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, by-passed, or if any unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected to the satisfaction of the City Engineer.

4.02 Cross-Connection Control Plan (CCCP). The City Engineer shall submit and periodically update the CCCP to the most recent CCCPH requirements. the California Environmental Protection Agency – State Water Resources Control Board (SWRCB),

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“Cross-Connection Control Policy Handbook – Standards and Principles for California’s Public Water Systems requirements. The CCCP shall be accessible for public review on the City’s webpage.

4.03 Open for Inspection. City Engineer has the authority to conduct inspections, including sampling, related to the purpose of implem enting this Chapter on private or public property. The Customer's customer's Water water System system(s) shall be open for inspection at all times to authorized representatives of the City Engineer to determine whether cross-connections, hazards (health, plumbing, pollutional, system) , or violations of this Chapter or applicable laws and regulations exist. When an imminent hazard to public health or safety becom es known, the City Engineer may deny or immediately discontinue water service to the premises until the customer has opened the premises and assemblies to inspect and corrected the condition to the satisfaction of the City Engineer.

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4.04 Approval ofNew Assembly Installation DevicesAssemblies . Only assemblies in the list of assemblies in City Standard Details & Specifications are allowed, unless approved in writing by the City EngineerOnly assemblies lis ted or equal to those specified in the City Standard Drawings and Specificati ons are approvedAny backflow prevention device required herein shall be of a mode l and size as shown on the list of approved backflow prevention devices.

4.05 Existing Premises – With an Unapproved Assembly Type. Existing premises that have been installed with an assembly not meeti ng minimum backflow types as specified in Section 6.01 may continue to use that asse mbly if the City Engineer determines in writing:

4.05.1 The assembly will satisfactorily protect the public water system, including based on CCCPH requirements and the requirements of this Chapter; and,

4.05.2 The premises upon which the assembly is installed is not of a type requiring an RP or other assembly prescribed by the CCCPH, including as listed in Appendix D of the CCCPH; and

4.05.3 An assessment of hazard has been completed per Section 5.00; and

4.05.4 The assembly is accessible for in line maintenance; and

4.05.5 s upon which the assembly is installed is not of arequiring an RP or other assembly prescribed by the CCCPH, including as ;
an has been ;
the assembly ;and
Tthe assembly has been success fully testinged and maintainenanced as described in Section 8.00..

This Section does not apply to assemblies for existing fire services. For Eexisting fire services, refer to Section 4.07.

Whenever an existing assembly is moved fro m its present location or requires major repair, the assembly shall be replaced by an assembly as specified in Section 6.00.

If the assessment of hazard results in, or th e City Engineer determines that, athe replacement of an assembly is required, th e customer is provided up to one hundred eighty (180) calendar days to install an assembly as specified in Section 6.00 and Section 7.00.

4.06 Existing Premises—Without an Assembly. If it is determined that backflow protection is needed per the requirements described in Section 6.00, the customer shall complete an assessment of hazard per Section 5.00 and install an assembly as specified in Section

6.00 and Section 7.00 within thirty (30) calendar days of being providedprovided with written notice by the City Engineer.

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4.07 mayExisting Fire Services. Existing fire services with non-testable, below grade, single check assemblies shall be replaced with an above grade RPDA no later than June 1, 2034, or as may be specified in an amended CCCPH, whichever is later.

4.08 Single-Family Residential Fire Protection Systems. New single-family residential premises require an assembly as specified in Section 6.00 prior to occupancy. Existing premises require the installation of an assembly by June 1, 20342034, or as may be specified in an amended CCCPH, whichever is later. Both new and existing premises are exempted from the requirements in Secti on 6.00 to install an assembly if all the following criteria are met:

4.0889-1. The customer premises have only one service connection to the public water system; and

4.0889-2. A single service line onto the custom er premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the customer premises; and

4.0889-3. A single, water industry standa rd, water meter is provided to measure combined domestic flow and fire protection system flow; and

4/08.089-4. The fire protection system is c onstructed of piping materials certified as meeting National Sanitation Foundatio n / American National Standards Institute Standard 61; and

4.0898-5. The fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water.

4.09 Recycled Water Customers. New recycled water service customers are required to have an assembly type as specified in Section 6.00 for the recycled water system and an RP to protect the public water system. Existing recycled water customers are required to have an RP assembly to protect the pub lic water service. Existing recycled water customers without an assembly on the recycled water system are required to install an assembly no later than June 1, 2034.

4.10 Discontinue Water Service. Service of water to any premises may be discontinued by the City Engineer if an assembly commens urate to the hazard level identified in the assessment of hazard and as required by this Chapter is not installed, tested and maintained, or if it is found that an assem bly has been removed, by-passed, or if any unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected to the satisfaction of the City Engineer.

VIII-3-5.00 Assessment of Hazard

5.01 Completed at Customer Expense. Assessm ent of hazards are to be completed at the expense of the customer and only by a cu stomer retained, City authorized cross- connection control specialist. Backflow prev enters which may be subjected to back-

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pressure or back-siphonage that have been fully tested and have been granted a Certificate of Approval by a certified laborator y and is listed on the City's current list of "Approved Backflow Prevention Devices" may be used without further test or qualification.

5.02 Submission of Assessment. Assessment findi ngs are to be submitted to the City in electronic format, via the City’s online platform.

5.03 New Premises or Connections. New premises shallmust, at the owner’s expense, have an customer completed assessment of hazard performed by a Cross-Connection Control Specialist and have installed an appropriate assembly as may be required withper the requirements described in Section 46.00 and Section 5.00. Assessment of hazard is to be completed prior to installa tion of an assembly if customerscustomer’s premises are newly connected to the Public Water Systempublic water system, or if a customer’s premises changes ownership. .

5.04 Existing Premises – With Anya Comp lying Assembly Type. U pon adoption of this Chapter, Customers must follow the requirements described in Section 7.00.

3.06-1 Assessment of Hazard

3.06-1.1 eExisting premises must are required to have an assessment of hazard, performed by June 30, 2027. An assessm ent is to occur prior to and after this date, Premises are required to have an asse ssment immediately if evidence exists of potential changes in the activities or materials on a customer’s premises; if a backflow from a customer’s premises occurs; if the State Water Resource Control Board requests an assessment; if the City Engineer concludes an existing assessment may no longer be correct. Refer to the requirements descr ibed into Section 65.00. For customer ownership changes at existing premises, an assessment of hazard is to be completed (excludes single-family homes). Assessment of hazard shall be at the expense of the customer and submitted to the City in electronic format, via the City’s online platform.

5.05 Recycled Water Customers. An assessment of hazard is not required.

5.06 Discontinue Water Service. If a cu stomer does not complete an assessment of hazard as noted in Section 6.01 based on th eir customer type, the City Engineer may discontinue water service to the premises or have the assessment completed at the expense of the customer.

3.06-1.2 If a customer does not complete an assessment, the City Engineer may discontinue water service to the premises or ha ve the assessment completed at the expense of the customer.

3.01 Existing Users Premises – with With an nonNon-complying Complying deviceAssembly. An existing non-complying assembly may continue to be used if the City Engineer determines the assembly will satisfactor ily protect the Public Water System based on customer completed assessment of hazard, testing and maintenance requirements described in Section

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7.00 are satisfied, and if the premise type is listed in Appendix D of the CCCPH. Whenever a existing non-complying assembly is moved from its present location or requires major repair, the assembly shall be replaced by a new code compliant assembly. If the assessment of hazard resu lts in or the City Engineer determines that a replacement of a non- complying assembly is required, the customer is provided up to 180 calendar days to install a code compliant assembly or the City shall discontinue water service.All presently installed backflow prevention devices which do not meet the requirements of this section, but were approved devices for the pu rposes described herein at the time of installation and which have been properly ma intained, shall be excluded from th e requirements of these rules so long as the City Engineer is assured that they will satisfactorily protect the Public Water System based on the testing and maintenance requirements described in Section 7.00. Whenever the existing device is moved from the present location or requires majo r repair, the unit shall be replaced by a backflow prevention device meeting the requirements of this Section.

3.02 Evaluation of Hazard. An evaluation of cross-connection hazards shall be performed when, as specified in the Manua l of Cross-Connection Control, an existing user might pose an actual or potential cross-connection hazard.

Existing Premises—Without an Assembly. If it is dete rmined that backflow protection is needed per the requirements described in Section 4.0 and Secti on 5.0, the customer shall complete an assessment of hazard and install a code complia nt assembly up to 180 calendar days or the City shall discontinue water service. If their premise type is listed in Appendix D of the CCCPH, the customer shall install an assembly per the requirements of this Chapter up to 90 calendar days or the City shall discontinue water service. Existing Users – without any device . All customers and premises existing prior to adoption of this Chapter are subject to an evaluation of hazard by the City Engineer in accordance with the Manual of Cross-Connection Control to determine if backflow devices shall be required. If it is determined that an existing premises requires backfl ow prevention under Secti on 4.00, then the City Engineer shall give notice in writing to the customer to install an approved backflow prevention device within 180 calendar days or the City shall discontinue water service. Certification of the device installed shall be executed within ninety days from date of notice.

Existing Fire Services. Existing fire services with non-testable, below grade, single check assemblies shall be replaced with an above grade RPDAs no later than June 2034.

Single-Family Residential Fire Protection Systems. New single-family residential premises require an assembly prior to occupancy. Existing premises requ ire the installation of an assembly by June 2034.

Refer to the the Assessment Hazard requirements d escribed in Section 5.00. Both new and existing premises are exempted from the requirement to install an assembly if the following criteria are met:

3.10-1. The customer premises has only one servi ce connection to the Public Water System; and

3.10-2. A single service line onto the customer premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the customer premises; and

3.10-3. A single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; and

3.10-4. The fire protection system is constructe d of piping materials certified as meeting NSF/ANSI Standard 61; and

3.10-5. The fire protection system’s piping is loope d within the structure and is connected to one or

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more routinely used fixtures (such as a water closet) to prevent stagnant water.

Recycled Water Customers. New recycled water service customers are required to have an assembly unless exempted by the City Engineer. A hRefer to the Assessment Hazard requirements described in Section 5.00. Unless exempted by the City Engineer , existing recycled water customers without an assembly will be required to install an assembly no later than June 2034.

5.05 Compliance Dates. Dates specified in Sections 3.06-1, 3.09, 3.10, and 3.11 may be amended by an updated SWRCB, “Cross-Connection Control Policy Handbook.”

VIIl-3-64.00 Determination of Backflow Prevention Assembly and Assessment of Hazard RequirementsWHERE BACKFLOW PROTECTION IS

REQUIRED

6.01 Assembly and Assessment of Hazard Requirements for Customer with New Premise or Service Connection, Without an Asse mbly, or Deficient Assembly. Assembly requirement types for new customers with new premise or service connection, without an assembly, or a deficient assembly 4.01 An approved assembly shall be installed from the list of assemblies listed or equal to those specified in the City Standard Drawings and Specifications. The assembly shall be installed prior to the issuance of a final occupancy permit on each service line to a customer's water system at or near the property line and before the first branch line leading off the service line.

This shall apply to certain commercial and industrial businesses, multi-family residences, separate irrigation systems, hillside residences, residential fire systems, and wherever the following conditions exist:An approved backflow prevention device shall be installed per standard drawings adopt ed by the City and the list of approved backflow prevention devices. The device sha ll be installed prior to the issuance of a final occupancy permit on each service line to a Customer's Water System at or near the property line and before the first branch line leading off the

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service line. This shall apply to certain commercial and industrial businesses, separate irrigation systems, and hillside residences (without Polyvinyl Chloride Pipe (PVC) fire service) and wherever the following conditions exist:

In the case of premises having an auxiliary wate r supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source, the Public Water System shall be protected against backflow from the premises by installing an assembly in the service line. In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source as determined by the Manual of Cross-Connection Control, the Public Water System shall be protected against backflow from the premises by installing a b ackflow prevention device in the service line appropriate to the degree of hazard.

In case of the premises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system, the Public Water System shall be protected against backflow from the premises by installing an assembly in the service line. Th is shall include the handling of process waters and waters originating from the Public Water System which have been subject to a degradation in quality.In case of the pr emises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system, the Public Water System shall be protected against backflow from the premises by installing a b ackflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the Public Water System which have been subject to deterioration in quality.

In the case of premises having internal cross-connection that cannot be permanently corrected, the Public Water System shall be protected against backflow from the premises by installing an assembly in the service line. In the case of premises having internal cross- connection that cannot be permanently corr ected, the Public Water System shall be protected against backflow from the prem ises by installing a backflow prevention device in the service line appropriate to the degree of hazard.

In the case of premises having intricate piping a rrangements or where entry to all portions of the premises is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that no cross-connections exist, the Public Water System shall be pr otected against backflow from the premises by installing an backflow prevention device assembly in the service line. appropriate to the degree of hazard.

In the case of premises having a repeated history of cross-connections being established, or re- established, the Public Water System shall be protected against backflow from the premises, appropriate to the degree of h azard, by installing an backflow assembly prevention device in the service line.

In the case of premises being listed in Appendix D of the CCCPH.

In the case of premises where both recycled water and potable water are present in separate piping systems with no interconnection.

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VIII-3-5.00 DETERMINATION OF BACKFLOW PREVENTION

DEVICEASSEMBLY AND ASSESSMENT OF HAZARD

The backflow prevention deviceassembly a nd assessment of hazard required and the corresponding requirement to assess hazard effective under Section 3.00 and Section

4.00 by customer type upon adoption of this Chapter is as follows:

Customer Type
Minimum Backflow
Assembly Type*
Assessment of Hazard
Required
Industrial and Commercial
Potable Irrigation Services RP Yes, refer to Section 5.00 Industrial and Commercial
Potable Systems RP Yes, refer to Section 5.00
Industrial and Commercial Fire
Protection Systems
RPDA, refer to Section

4.07 Yes, refer to Section 5.00
Hillside Residences where
Customer system is Higher than
Public Water System.

RP Yes, refer to Section 5.00
Multi-Family Residential
Properties with Two or more
Units** (includes fire, irrigation
and potable systems)
RP Yes, refer to Section 5.00
Low Hazard Fire Services RP Yes, refer to Section 5.00
Single-Family Homes with Fire
Protection Systems RP, refer to Section 4.08
Yes, refer to Section 5.00.

Not required with
ownership change.

Single-Family Residence None Required None Required
Construction Meters RP Not Applicable
Recycled Water Services RP, refer to Section 4.09 None Required

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Customer Type
Minimum Backflow
Assembly Type*
Hazard Assessment of
Hazard Required
Industrial and Commercial
Potable Irrigation Services RP Yes, refer to Section 35.00 Industrial and Commercial
Potable Systems RP Yes, refer to Section

35.00 Industrial and Commercial Fire
Protection Systems
RPDA, refer to Section

4.07 Yes, refer to Section

35.00 Hillside Residences where
Customer system is Higher than
Public Water SystemPublic Water
System.

RP Yes, refer to Section

35.00 Multi-Family Residential
Properties with Two or more
Units** (includes fire, irrigation
and potable systems)
RP Yes, refer to Section 35.00

Low Hazard Fire Services RP Yes, refer to Section 35.00

Single-Family Homes with Fire
Protection Systems RP, refer to Section 4.08 Yes, refer to Section 5.00..

Not required with

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*When an RP is required, an RPDA or RPDA-II may be substituted if appropriate.

5.01.1 A double check valve assembly on all irrigation systems.

5.01.2 A reduced pressure principle backflow preven tion device on certain commercial or industrial domestic systems.

5.01.3 A double check valve assembly on all Hillside residences where PVC pipe is not used.

5.02 An evaluation of hazard will be performed by the City Engineer or his staff based on the Manual of Cross-Connection Control to determine the degree of hazard and what, if any, backflow prevention device shall be required. The following guidelines shall be used in evaluating each customer activity.

5.02.1 In the case of a customer activity where toxi c or hazardous substances are handled in any manner which may allow for contamination for the wa ter system, the Public Water System shall be protected by a reduced pressure principle backflow prevention device at the service connection.

5.02.2 In the case of a customer activity where there is water or substance that would be objectionable, but not hazardous to health, if introduced into the Public Water System, the Public Water System shall be protected by an approved double check valve assembly at the service connection.

5.02.3 In the case of a customer activity where an unapproved auxiliary water supp1y is interconnected with the water system, the Public Water System shall be protected by an approved reduced pressure principle backflow prevention device at the service connection.

5.02.4 In the case of a customer activity where an unapproved auxiliary water supply exists and there is no interconnection, the Public Water System shall be protected by a double-check valve assembly at the service connection.

ownership change.

Single-Family Residence None Required None Required
Construction Meters RP Not Applicable
Recycled Water Services RP, refer to Section 4.09 None Required

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5.02.5 In the case of a customer activity where there are internal cross-connections that cannot be permanently correct ed, either actual or potential, the Public Water System shall be protected by an approved reduced pressure principle backflow prevention device at the service connection.

5.02.6 In the case of a customer activity having intri cate piping arrangements or entry to all portions of the premises is restricted so that inspections for cross-connecti ons cannot be made with sufficient frequency at sufficient short notice to assure no cross-connections exist, the Public Water System shall be protected against backflow or back-siphonage from the premises by the installation of a reduced pressure principle backflow prevention device at the service connection. In this case, maximum protection will be required; that is, an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises.

5.02.7 In case of a customer activity on which a non-r esidential irrigation system exists where fertilizer, herbicides, or pesticides can be injected into the irrigation system, the Public Water System shall be protected against backflow or back-siphonage from the premises by the installation of a reduced pressure principle backflow prevention device at the service connection.

5.02.8 In the case of a customer activity where a fire system exists and there is direct connection from the Public Water System to elevated storage tanks or fire pumps taking suction from private reservoirs, the Public Water System shall be protected agains t backflow or back-siphonage from the premises by the installation of a double check valve assembly at the service connection.

5.02.9 In the case of a customer activity where a fire system exists and is directly supplied from public mains and interconnected with auxiliary suppli es (such as: pumps taking suction from reservoirs exposed to contamination or from rivers and ponds, driven wells, mills or other industrial water systems; or systems where anti-freeze or other additi ves are used) the Public Water System shall be protected against backflow or back-siphonage fro m the premises by the installation of a reduced pressure principle backflow prevention device at the service connection.

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5.02.10 In the case of a customer activity where a fire sy stem exists and this system is supplied from the public water supply and is treated with chemical retardants for the purpose of controlling fires, the Public Water System shall be protected against backflow or back-siphonage from the premises by the installation of a reduced pressure principle backflow prevention device at the service connection.

5.03 When a Double Check Valve Assembly is cited as the required device for that customer activity in this section, a reduced pressure principle backfl ow prevention device may be used if the customer prefer. The requirement for a double check valve is a minimum requirement and the maximum protection can be used.

**Include Accessory Dwelling Units
When an RP is required, an RPDA or RPDA-II may be substituted if appropriate.

6.02 Additional Assembly Requirements for A ll Customers. Installation of an RP, RPDA or RPDA-II assembly is also required wherever the following conditions exist:

6.02-1 In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source.

6.02-2 In case of the premises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system (s). This shall include the handling of processed waters and waters orig inating from the public water system or recycled water system which have been subject to a degradation in quality.

6.02-3 In the case of premises having intern al cross-connection that cannot be permanently corrected.

6.02-4 In the case of premises having intricate piping arrangements or where entry to all portions of the premises is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that no cross-connections exist.

6.02-5 In the case of premises having a repeated history of cross-connections being established, or re-established.

6.02-6 In the case of premises with assemblies required in the CCCPH, including as listed in Appendix D of the CCCPH.

6.02-7 In the case of premises where both recycled water and potable water are present in separate piping systems with no interconnection.

6.03 Customer Premises with Existing Unapproved Assemblies. Customers with existing assemblies in service prior to the adoption of this Chapter that do not meet minimum assembly types as specified in Section 6.01, refer to Section 4.05.

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VIII-3-76.00 Installation of Assembly DEVICE

76. 01 Only assemblies listed in the City Standard Drawings and Specifications are approved.

Accessibility. AAll assemblies are to be r eadily accessible for in line maintenance, testing and repair. All new and repl aced assemblies require a City Building Department issued permit.

7.02 Location of Assembly. Assemblies on each service line to a customer's water system are to be installed at or near the property line and before the firs t branch line leading off the service line.

7.03 Construction. Assemblies shall be desi gned and installed consistent with City Standard Details & Specifications.

7.034 Permit Required. All new assemblies require a City Building Department issued permit prior to final occupancy. All replaced assem blies require a City Building Department issued permit. Installation of backflow prev enters required by this section shall be as follows:

6.01.1 The backflow protection device shall be installed by the customer on the customer water service side within six inches (6") of property line per City standards.

6.01.2 All backflow preventers shall be readily accessible for testing and repair.

6.01.2(1) Reduced Pressure Principle Backflow Prevention Device. Reduce Pressure Principle Backflow Prevention Devices shall be installed a minimum of twelve inches (12”) above grade and not more than thirty inches (30”) above grade measured from the bottom of the device. There shall al so be a minimum twelve inches (12”) side clearance.

6.01.2(2) Double Check Valve Assembly. Double Check Valve Assembly shall be installed a minimum of twelve inches (12”) above grade and not more than thirty inches (30”) above grade measure from the bottom of the device. Therse shall also be a minimum twelve inches (12”) side clearance.

VIII-3-87.00 Testing and Maintenance

8.01 Completed at Customer Expense. Testing of an assembly is to be completed at the expense of the customer and only by a custom er retained City authorized backflow prevention assembly tester or cross-connection control specialists.

8.02 Submission of Testing Results. Testing r esults are to be submitted to the City in electronic format, via the City’s online platform.

8.03 Testing Results Due. Testing results are due immediately upon It shall be the responsibility of the customer at any premis es where an assembly is installed to have proper certified inspection and operational tes ting. Testing of the assembly shall be performed only by a Backflow Prevention Assembly Tester or Cross-Connection

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Control Specialist and shall be at initial installation and then no later than one hundred eighty (180) calendar days upon receipt of annual notice from the City. In instances where the City Engineer deems the hazard to be significant, mo re frequent testing intervals and submission results may be require d. Tests shall be at the expense of the customer. Passing test results for a City approved backflow assembly shall be submitted to the City in electronic format, via the City’s online platform. It shall be the responsibility of the City at any premi ses where a backflow prevention device is installed to have proper certified inspecti on and operational testing. Testing of the device shall be at initial installation and once per year henceforth by the City. In those instances where the City Engineer deems the hazard to be great enough. he may require certified inspections and testing at more frequent intervals.

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8.04 8.05 If a customer does not complete testing as noticed by the City, the City Engineer may have the testing completed at the expense of the customer or have the water to the premises discontinued.The inspections and tests shall be performed by City of Milpitas personnel or by a certified tester approved by the City. The City Engineer shall establish a list of certified testers. These tests shall be at the expense of the customer.

8.04 Maintenance. It shall be the responsibility of the customer at any premise where an assembly is installed to have a certifie d assessment of hazard completed per the requirements of this Chapter, performed by a City approved Cross-Connection Control Specialist. Any defective device shall be immediately repaired, overhauled or replaced by and at the expense of the customer whenever said devices are found by the City to be defective. Then the modified device, or replacement device, shall be retested by the City.

Customers are to provide main tenance to their assembly as need ed, to ensure uninterrupted protection of the Public Water Systempub lic water system and Rrecycled Wwater Ssystem and to achieve annual passing t est results. If assemblies are found by the customer or the City Engineer to be deficient, any defective assembly shall be immediately repaired, overhauled or replaced within thirty (30) calendar days per the requirements of the CCCP by and at the e xpense of the customer. All modified or replaced assemblies shall be promptly re tested by the customer at their own expense.Records of all repairs and overhaul s shall be filed with the City Engineer within sixty (60) days of notification date on the City's Test and Maintenance Report.

8.05 Cross-Connection Control Plan. Backflow prevention assembly tester or cross- connection control specialists Vendors providing cross-connection services to customers shall be familiar with and comply with the detailed CCCP information that supports this Chapter.

8.06 Discontinue Water Service. If a customer does not complete required testing with passing results, the City Engineer may have the testing completed at the expense of the customer or have the water to the premises discontinued.

VIII-3-98.00 Notifications NOTIFICATIONS

98.01 Failing Test Result. Customers, backfl ow prevention assembly testers and/or cross- connection control specialists with an assembly are required to notify the City Engineer within five (5) calendar days if an assembly fails an annual test.

98.02 Backflow or Cross-Connection Incident. Customers with an assembly, backflow prevention assembly testers and/or cross-connection control specialists are required to notify the City Engineer within twenty-four (24) hours of determining a known backflow or cross‑connection incident.

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VIll-3-8109.00 Appeals

Except as otherwise provided by this Chapter and where a hearing on the matter is not otherwise required to be had by the City Council, any person aggrieved by a decision of any officer or department of City may appeal to the City Council in accordance with provisions of Section 5, Chapter 20, Title I of the Milpitas Municipal Code.

VIIl-3-9110.00 Penalties

The City may discontinue water service to any premises served if a required backflow prevention deviceassembly is removed, or if the City finds evidence that an installed backflow prevention deviceassembly has been by-passedbypassed, or allowed to remain ineffective or inoperative.

Any person or persons, company, corporation or association, who shall violate any of the provisions of this Chapter or fail to comply th erewith, or who shall violate or fail to comply with any order made thereunder, sha11 shall severally for each and every violation and non- compliance respectively, be guilty of an in fraction, punishable in accordance with the provisions of 1-1-4.09-1 of the Milpitas Municipal Code. The imposition of one fine for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The application of the above fine shall not be held to prevent the enforced removal of prohibited conditions.

SECTION 3. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)

The adoption of this ordinance has no potential for r esulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physi cal change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. C ode Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that th e activity in question may have a significant effect on the environment.

SECTION 4. SEVERABILITY
VIIl-3-10121.00 Severability EFFECTIVE DATE

The provisions of this Ordinance are separable, a nd the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

VIII-3-3.13 Effective Date and Posting
SECTION 5. EFFECTIVE DATE AND POSTING

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) calendar days from and af ter the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

The requirements and procedures for Backflow Prevention and Cross-Connection

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Control as established by Ordinance 232.1 shall become effective starting January 20xxxx, 19892026 .

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1 Ordinance No. 232.2

REGULAR

NUMBER: 232.2

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 3 OF TITLE VIII OF THE MILPITAS MUNICIPAL

CODE RELATING TO THE BACKFLOW PREVENTION AND CROSS-

CONNECTION CONTROL PROGRAM

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of _____________, upon motion by ____________, and was adopted (second reading) by the City Council at its meeting of ___________, upon motion by ________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES: (0)

NOES: (0) None.

ABSENT: (0) None.

ABSTAIN (0) None.

ATTEST: APPROVED:

_______________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

____________________________
Christian Curtis, City Attorney

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RECITALS AND FINDINGS:

WHEREAS, the City operates a public water system, as defined by California Health and Safety Code Section 116275(h), and, since at least December 20, 1988, has maintained a Backflow Prevention & Cross-Connection Control Program to protect that public water system with regulations codified relating thereto in Title VIII, Chapter 3 of the Milpitas Municipal Code (commencing with Section VIII-3-1.00); and

WHEREAS, California Health and Safety Code Section 116555.5 states that public water systems are to implement cross-connection control programs that comply with applicable regulations and with standards adopted by the State Water Board; and

WHEREAS, prior to Assembly Bill 1671 being approved on October 6, 2017 (AB 1671), California’s regulations pertaining to cross-connection control were set forth in regulations in Title 17, Division 1, Chapter 5, Subchapter 1, Group 4, Article 3 of the California Code of Regulations (CCR), which were adopted in 1987 with minor revisions in 2000; and

WHEREAS, AB 1671 and later Assembly Bill 1180 in October 2, 2019 (AB 1180) comprehensively overhauled California’s regulatory scheme pertaining to cross-connection control and directed, among other things, that the State Water Board adopt standards for backflow protection and cross-connection control by January 1, 2020 and specified that these standards may be implemented through the adoption of a policy handbook; and

WHEREAS, AB 1180, through the adoption of California Health and Safety Code Section 13521.2, required the State Water Board by January 1, 2023 to update the uniform statewide standards for non-potable recycled water uses, including to incorporate by reference the criteria and applicable backflow protection provisions contained within the most recently adopted version of the policy handbook for public water systems; and

WHEREAS, on December 19, 2023, the State Water Board adopted the Cross-Connection Control Policy Handbook (CCCPH), which took effect on July 1, 2024 and replaced the previous backflow protection and cross-connection control regulations in Title 17 of the CCR; and

WHEREAS, on June 17, 2025, the State Water Board adopted a revised version of the CCCPH, which extended some deadlines and changed some language to align with other pre-existing regulations; and

WHEREAS, consistent with California Health and Safety Code Section 116555.5 and the CCCPH, the City wishes to update the regulations contained in Title VIII, Chapter 3 of the Milpitas Municipal Code related to the Backflow Prevention & Cross-Connection Control Program to bring its

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WHEREAS, the City has a vested and legitimate interest, and legal authority, to protect the public health, safety, and welfare by adopting reasonable regulations, including prohibitions, to control cross-connections in its public water and recycled water systems, including to prevent the backflow of dangerous of liquids, gases, or other substances and contaminants into its systems from customer properties; and

WHEREAS, the City has a vested and legitimate interest, and legal authority, to implement corrective actions in the event a water customer fails to comply in a timely manner with State law and the City’s regulations regarding cross connection control and backflow prevention, including the installation, inspection, field testing, or maintenance of backflow prevention assemblies, to protect its public water and recycled water systems, including from the introduction of substances and contaminants that may pose a hazard to the public who rely upon these systems; and

WHEREAS, City staff has identified various sections of the Milpitas Municipal Code Title VIII, Chapter 3, requiring clarifications, updates and modifications and recommended that the City Council take action to address these issues through the adoption of this Ordinance; and

WHEREAS, pursuant to California Government Code Sections 65853 and 65854, the City Council of the City of Milpitas held a properly noticed public hearing on June 9, 2026, to consider these amendments to the Milpitas Municipal Code Title VIII, Chapter 3; and

WHEREAS, the City Council finds that this Ordinance does not render the Milpitas Municipal Code Title VIII, Chapter 3, inconsistent with the requirements of the State Water Board, including as promulgated through the CCCPH.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include, but is not limited to, such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII (“PUBLIC WORKS”), CHAPTER 3 (“BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL”)

Title VIII, Chapter 3 of the Milpitas Municipal Code is hereby amended to read as follows:

VIII-3-1.00 Purpose

The purpose of this Chapter is to protect the health, safety, and welfare of the public from the backflow of harmful contaminants into the public water system and recycled water system, stemming from actual or potential cross-connections. There are two programs which will

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control and protect against these harmful backflows:

a) Through proper installation, maintenance and testing of backflow prevention assemblies on services to premises where actual or potential cross-connections exist to prevent backflow or back-siphonage of contaminants or pollutants from the customer's premises into the public water system or recycled water system, and

b) By promoting the elimination of existing or future cross-connections through inspection and regulation of plumbing and water piping between a customer’s premises and the public water system or recycled water system.

VIII-3-2.00 Authority

The City Engineer shall have authority to protect the public water system and the recycled water system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through water service connections by implementation and enforcement of a backflow prevention and cross-connection control program based on accepted standards.

If, in the judgment of the City Engineer, an approved backflow prevention assembly is required at the City’s water service connection to any customer’s premises, for the safety of the water system, the City Engineer shall give notice in writing to the customer to install such an approved assembly at each service connection to the premises. The customer must immediately install such approved assemblies at his or her own expense and to the satisfaction of the City Engineer. Failure, refusal, or inability on the part of the customer to comply with this Chapter will constitute grounds for the City taking action to protect the safety of the public water system or recycled water system, including discontinuing water service to the premises until compliance has been met and all other remedies provided in this Chapter.

VIII-3-3.00 Definitions

For purposes of this Chapter, the terms used herein are defined as follows:

3.01 Approved Water Supplies. A water source that has been approved by the State Water Resources Control Board for domestic use in a public water system and designated as such in a domestic water supply permit; and a separate recycled water source that meets South Bay Water Recycling requirements for recycled use in the recycled water system.

3.02 Approved Assembly. A backflow prevention assembly that conforms to the list of backflow prevention assemblies as determined by the City Engineer in writing pursuant to Section 4.04. An assembly that does not conform to this requirement, or is improperly installed, is an Unapproved Assembly.

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3.03 Assessment of Hazard. An assessment performed by an authorized cross-connection control specialist to determine the potential of a backflow into the public water system.

The assessment will consider the existence of cross-connections; the type and use of materials handled and present, or likely to be, on the water customer premises; the degree of piping system complexity and accessibility; access to auxiliary water supplies, pumping systems, or pressure systems; distribution system conditions that increase the likelihood of a backflow event; water customer premises accessibility; any previous backflow incidents on the water customer premises; and all other pertinent authorities, requirements, and information, including the requirements and information provided in the Cross-Connection Control Policy Handbook.

3.03-1 Hazard, Degree of. An assessment of hazard must identify the degree of hazard (or no hazard) to the public water system through evaluation of customer premises based on the following classifications:

3.03-2 High Hazard Cross-Connection. A cross-connection that poses a significant threat to the potability or safety of the public water system.

Materials entering the public water system through a high-hazard cross- connection are contaminants or health hazards.

3.03-3 Low Hazard Cross-Connection. A cross-connection that has been found to not pose a significant threat to the potability or safety of the public water system but may adversely affect the aesthetic quality of the public water system. Materials entering the public water supply through a low-hazard cross-connection are pollutants or non-health hazards.

3.03-4 No Hazard Cross-Connection. A cross connection that poses no hazard to potability or safety of the public water system.

3.04 Auxiliary Water Supply. Any water supply available to the premises other than the public water system. These auxiliary supplies may include water from another purveyor's public water system or any natural source such as a well, spring, river, stream, harbor, etc., or “used water” or “industrial fluids” or “recycled water”. These waters may be polluted or contaminated, or they may be objectionable and constitute an unacceptable water source over which the City has no sanitary control.

3.05 Backflow. The undesirable flow of water or other liquids, gases, or solid substances under pressure into the distributing pipes of the public water system or recycled water system from any outside source.

3.06 Backflow Prevention Assembly. A generic term referencing multiple types of mechanical assembly designed and constructed to prevent backflow, such that while in-line it is accessible, can be repaired and its ability to prevent backflow, as designed, can be field-tested, inspected, and evaluated. The assembly must have passed laboratory and field evaluation tests performed by a recognized testing organization that has demonstrated its competency to the State Water Resource Control Board, Division of Drinking Water. A backflow prevention assembly is referred to herein also

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by the abbreviated term “assembly.”

3.06-1 Double Check Detector Backflow Prevention Assembly (DCDA). An assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard connection).

3.06-2 Double Check Detector Backflow Prevention Assembly – Type II (DCDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard cross- connection).

3.06-3 Double Check Valve Backflow Prevention Assembly (DC). An assembly consisting of two independently acting internally loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used for protection from back siphonage and backpressure events (low hazard cross-connection).

3.06-4 Pressure Vacuum Breaker Backflow Prevention Assembly (PVB). An assembly with an independently acting internally loaded check valve and an independently acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from back siphonage (low hazard and high hazard cross-connection) events and is not to be used to protect from backpressure events.

3.06-5 Reduced Pressure Principle Backflow Prevention Assembly (RP). An assembly that includes two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for backflow prevention.

The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water system side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water system side of the device. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may

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be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections).

3.06-6 Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDA). An assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. Includes two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves, plus properly located test cocks for the testing of the check and relief valves. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water system side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water system side of the device. In case of leakage from either check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. This type of assembly may be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections).

3.06-7 Reduced Pressure Principle Detector Backflow Prevention Assembly – Type II (RPDA II). An assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually indicating all rates of flow. This type of assembly may be used for protection from back siphonage and backpressure events (low hazard and high hazard cross-connections).

3.06-8 Single Check Backflow Prevention Assembly (SC). A basic mechanical device with one spring-loaded check valve that allows water to flow in only one direction. Refer to Section 4.05 for use.

3.06-9 Spill Resistant Pressure Vacuum Breaker Back-siphonage Prevention Assembly (SVB). An assembly with an independently acting internally- loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from back-siphonage events (low hazard cross-connection) and is not to be used to protect from backpressure events.

3.06-10 Swivel-Ell Backflow Prevention Assembly (Swivel-Ell). An assembly consisting of a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection).

3.07 Back Pressure. When the pressure in a customer's water system is higher than public

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water system pressure or recycled water system, forcing either non-potable, “used water” back into the public water system or contaminated “used water” back into the recycled water system.

3.08 Backflow Prevention Assembly Tester. A person certified per the requirements of the Cross Connection Control Policy Handbook and when qualified by the City, is authorized to test backflow prevention assemblies within the City.

3.09 Back-Siphonage. The flow of water or other liquids, gases, or solid substances into the distribution pipes of the public water system or recycled water system from any outside source caused by the sudden reduction of pressure in the public water system or recycled water system.

3.10 City Engineer. The City Engineer for the City of Milpitas, or designee.

3.11 City Standard Drawings and Specifications. Latest edition documents prepared by the Public Works Department of the City.

3.13 Cross-Connection. Any physical connection or arrangement of piping or fixtures where backflow or back-siphonage might occur between any part of a water system, used or intended to supply water for drinking purposes, and water or any source or system containing substance that is not or cannot be approved as safe, wholesome, or potable for human consumption. Includes similar connection or arrangement of piping or fixtures where backflow or back-siphonage might occur to the recycled water system.

3.14 Cross-Connection Control Plan (CCCP). A City plan that describes how the City manages and administers the City Cross‑Connection Control Program.

3.17 Customer. A customer is all industrial, commercial, multi-family, and single-family premises with a connection to the public water system intended for potable consumption, irrigation use, or for fire protection use or a connection to the recycled water system intended for irrigation use or other non-potable uses. A customer is the owner of any premises served by either the public water system or the recycled water system. A customer may include any person or entity in possession of the premises, or those persons or entities

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responsible for water service charges. A customer is referred to herein also by the term “Water Customer”.

3.18 Customer's Water System. All privately-owned facilities and parts beyond the service connection of the public water system or recycled water system for distributing water.

3.19 Industrial Fluid System. Any system containing a fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, or system hazard if introduced into the public water system or recycled water system. This may include, but not be limited to:
polluted or contaminated waters; all types of process waters and "used waters" originating from the customer’s water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulated cooling waters connected to an open cooling water or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells. springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.

3.20 List of Approved Backflow Prevention Assemblies. The approved backflow prevention assemblies as noted in the City Standard Details and Specifications.

3.22 Potable Water. Water that is safe for human consumption.

3.23 Premises. All areas on a customer's property that are served or have the potential to be served by the public water system or recycled water system.

3.24 Public Water System. System of potable water distribution lines under the complete control of the City using approved water supplies up to the service connection of the customer.

3.25 Recycled Water. Water which, because of treatment of waste, is suitable for direct beneficial use or a controlled use, other than potable use, that would not otherwise occur due to appropriate levels of treatment, as defined by California Water Code section 13050(n). Wastewater suitable for uses other than potable use due to appropriate levels of treatment.

3.26 Recycled Water System. System of recycled water distribution lines up to the service connection of the customer.

3.27 Service Connection. The terminal end of the public water system or recycled water system, i.e., where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system(s). If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of

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the customer's meter. There shall be no unprotected takeoffs from the service line on the City's side of the meter or backflow prevention assembly located at the point of delivery to the customer's system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public water system.

3.28 Used Water. Any water supplied by the City from the public water system or recycled water system to a customer's water system after it has passed through the service connection and is no longer under the sanitary control of the City.

VIII-3-4.00 Policy

4.01 Water Service. No water service connection to any premises shall be installed or maintained by the City unless the public water system or recycled water system is protected from, including but not limited to, back pressure that may result in contamination and pollution, as required by this Chapter, the CCCPH, and other applicable laws and regulations. Refer to Section 6.00. Temporary, intermittent, or emergency users of the public water system or recycled water system, including those outside of the City’s jurisdictional boundary, will be considered as consumers on premises for the purposes of this Chapter and will be subject to the same cross- connection control requirements as water service connections to any premises.

4.02 Cross-Connection Control Plan (CCCP). The City Engineer shall submit and periodically update the CCCP to the most recent CCCPH requirements. The CCCP shall be accessible for public review on the City’s webpage.

4.03 Open for Inspection. City Engineer has the authority to conduct inspections, including sampling, related to the purpose of implementing this Chapter on private or public property. The customer's water system(s) shall be open for inspection at all times to authorized representatives of the City Engineer to determine whether cross- connections, hazards , or violations of this Chapter or applicable laws and regulations exist. When an imminent hazard to public health or safety becomes known, the City Engineer may deny or immediately discontinue water service to the premises until the customer has opened the premises and assemblies to inspect and correct the condition to the satisfaction of the City Engineer.

4.04 New Assembly Installation. Only assemblies in the list of assemblies in City Standard Details & Specifications are allowed, unless approved in writing by the City Engineer.

4.05 Existing Premises – With an Unapproved Assembly Type. Existing premises that have been installed with an assembly not meeting minimum backflow types as specified in Section 6.01 may continue to use that assembly if the City Engineer determines in writing:

4.05.1 The assembly will satisfactorily protect the public water system, including based on CCCPH requirements and the requirements of this Chapter; and

4.05.2 The premises upon which the assembly is installed is not of a type requiring an RP or other assembly prescribed by the CCCPH, including as listed in Appendix D of the CCCPH; and

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4.05.3 An assessment of hazard has been completed per Section 5.00; and

4.05.4 The assembly is accessible for in line maintenance; and

4.05.5 The assembly has been successfully tested and maintained as described in Section 8.00.

This Section does not apply to assemblies for existing fire services. For existing fire services, refer to Section 4.07.

Whenever an existing assembly is moved from its present location or requires major repair, the assembly shall be replaced by an assembly as specified in Section 6.00.

If the assessment of hazard results in, or the City Engineer determines that the replacement of an assembly is required, the customer is provided up to one hundred eighty (180) calendar days to install an assembly as specified in Section 6.00 and Section 7.00.

6.00 and Section 7.00 within thirty (30) calendar days of being provided with written notice by the City Engineer.

4.07 Existing Fire Services. Existing fire services with non-testable, below grade, single check assemblies shall be replaced with an above grade RPDA no later than June 1, 2034, or as may be specified in an amended CCCPH, whichever is later.

4.08 Single-Family Residential Fire Protection Systems. New single-family residential premises require an assembly as specified in Section 6.00 prior to occupancy. Existing premises require the installation of an assembly by June 1, 2034, or as may be specified in an amended CCCPH, whichever is later. Both new and existing premises are exempted from the requirements in Section 6.00 to install an assembly if all the following criteria are met:

4.08-1. The customer premises have only one service connection to the public water system; and

4.08-2. A single service line onto the customer premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the customer premises; and

4.08-3 A single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; and

4.08-4 The fire protection system is constructed of piping materials certified as meeting National Sanitation Foundation / American National Standards Institute Standard 61; and

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4.08-5 The fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water.

4.09 Recycled Water Customers. New recycled water service customers are required to have an assembly type as specified in Section 6.00 for the recycled water system and an RP to protect the public water system. Existing recycled water customers are required to have an RP assembly to protect the public water service. Existing recycled water customers without an assembly on the recycled water system are required to install an assembly no later than June 1, 2034.

4.10 Discontinue Water Service. Service of water to any premises may be discontinued by the City Engineer if an assembly commensurate to the hazard level identified in the assessment of hazard and as required by this Chapter is not installed, tested and maintained, or if it is found that an assembly has been removed, by-passed, or if any unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected to the satisfaction of the City Engineer.

VIII-3-5.00 Assessment of Hazard

5.01 Completed at Customer Expense. Assessment of hazards are to be completed at the expense of the customer and only by a customer retained, City authorized cross- connection control specialist.

5.02 Submission of Assessment. Assessment findings are to be submitted to the City in electronic format, via the City’s online platform.

5.03 New Premises or Connections. New premises must have an assessment of hazard performed and have installed an assembly per the requirements described in Section

6.00. Assessment of hazard is to be completed prior to installation of an assembly if customer’s premises are newly connected to the public water system.

5.04 Existing Premises – With Any Assembly Type. Upon adoption of this Chapter, existing premises must have an assessment of hazard performed by June 30, 2027. Premises are required to have an assessment immediately if evidence exists of potential changes in the activities or materials on a customer’s premises; if a backflow from a customer’s premises occurs; if the State Water Resource Control Board requests an assessment; if the City Engineer concludes an existing assessment may no longer be correct. Refer to Section 6.00. For customer ownership changes at existing premises, an assessment of hazard is to be completed (excludes single-family homes).

5.05 Recycled Water Customers. An assessment of hazard is not required.

5.06 Discontinue Water Service. If a customer does not complete an assessment of hazard as noted in Section 6.01 based on their customer type, the City Engineer may discontinue water service to the premises or have the assessment completed at the expense of the customer.

VIIl-3-6.00 Determination of Backflow Prevention Assembly and Assessment of

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Hazard Requirements

4.07 Yes, refer to Section 5.00
Hillside Residences where
Customer system is Higher than
Public Water System.

Not required with
ownership change.

Single-Family Residence None Required None Required
Construction Meters RP Not Applicable
Recycled Water Services RP, refer to Section 4.09 None Required

*When an RP is required, an RPDA or RPDA-II may be substituted if appropriate. **Include Accessory Dwelling Units

6.02 Additional Assembly Requirements for All Customers. Installation of an RP, RPDA or RPDA-II assembly is required wherever the following conditions exist:

6.02-1 In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional potable source.

6.02-2 In case of the premises which any industrial fluid or any other objectionable substance is handled in a manner that could permit the fluid or substance to enter the water system(s). This shall include the handling of processed waters and waters originating from the public water system or recycled water system which have been subject to a degradation in quality.

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6.02-3 In the case of premises having internal cross-connection that cannot be permanently corrected.

6.02-5 In the case of premises having a repeated history of cross-connections being established, or re-established.

6.02-6 In the case of premises with assemblies required in the CCCPH, including as listed in Appendix D of the CCCPH.

6.02-7 In the case of premises where both recycled water and potable water are present in separate piping systems with no interconnection.

VIII-3-7.00 Installation of Assembly

7.01 Accessibility. All assemblies are to be readily accessible for in line maintenance, testing and repair.

7.02 Location of Assembly. Assemblies on each service line to a customer's water system are to be installed at or near the property line and before the first branch line leading off the service line.

7.03 Construction. Assemblies shall be designed and installed consistent with City Standard Details & Specifications.

7.04 Permit Required. All new assemblies require a City Building Department issued permit prior to final occupancy. All replaced assemblies require a City Building Department issued permit.

VIII-3-8.00 Testing and Maintenance

8.01 Completed at Customer Expense. Testing of an assembly is to be completed at the expense of the customer and only by a customer retained City authorized backflow prevention assembly tester or cross-connection control specialists.

8.02 Submission of Testing Results. Testing results are to be submitted to the City in electronic format, via the City’s online platform.

8.03 Testing Results Due. Testing results are due immediately upon initial installation and then no later than one hundred eighty (180) calendar days upon receipt of annual notice from the City. In instances where the City Engineer deems the hazard to be significant,

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more frequent testing intervals and submission results may be required.

8.04 Maintenance. Customers are to provide maintenance to their assembly as needed, to ensure uninterrupted protection of the public water system and recycled water system and to achieve annual passing test results. If assemblies are found by the customer or the City Engineer to be deficient, any defective assembly shall be immediately repaired, overhauled or replaced within thirty (30) calendar days per the requirements of the CCCP by and at the expense of the customer. All modified or replaced assemblies shall be promptly retested by the customer at their own expense.

8.05 Cross-Connection Control Plan. Backflow prevention assembly tester or cross- connection control specialists providing cross-connection services to customers shall be familiar with and comply with the detailed CCCP information that supports this Chapter.

VIII-3-9.00 Notifications

9.01 Failing Test Result. Customers, backflow prevention assembly testers and/or cross- connection control specialists are required to notify the City Engineer within five (5) calendar days if an assembly fails an annual test.

9.02 Backflow or Cross-Connection Incident. Customers with an assembly, backflow prevention assembly testers and/or cross-connection control specialists are required to notify the City Engineer within twenty-four (24) hours of determining a known backflow or cross‑connection incident.

VIll-3-10.00 Appeals

VIIl-3-11.00 Penalties

The City may discontinue water service to any premises served if a required assembly is removed, or if the City finds evidence that an installed assembly has been bypassed, or allowed to remain ineffective or inoperative.

Any person or persons, company, corporation or association, who shall violate any of the provisions of this Chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, shall severally for each and every violation and non- compliance respectively, be guilty of an infraction, punishable in accordance with the provisions of 1-1-4.09-1 of the Milpitas Municipal Code. The imposition of one fine for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not

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16 Ordinance No. 232.2

otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The application of the above fine shall not be held to prevent the enforced removal of prohibited conditions.

SECTION 3. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)

The adoption of this ordinance has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 4. SEVERABILITY

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 5. EFFECTIVE DATE AND POSTING

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) calendar days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt Ordinance No. 240.8 Amending Sections of Chapter 6 of Title VIII of the Milpitas Municipal Code Relating to the Water Shortage Contingency Plan and Permanent Water Waste Restrictions (Staff Contract: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/18/2026
Recommendation: Waive the second reading and adopt Ordinance No. 240.8 Amending Sections of Chapter 6 of Title VIII of the Milpitas Municipal Code relating to the Water Shortage Contingency Plan and Permanent Water Waste Restrictions including a ban on watering nonfunctional turf.

BACKGROUND:

On June 9, 2026, the City Council adopted the 2025 Water Shortage Contingency Plan (WSCP) and introduced Ordinance No. 240.8 at the public hearing to amend Chapter 6 of Title VIII of the Milpitas Municipal Code relating to the Water Shortage Contingency Plan (WSCP) and Permanent Water Waste Restrictions including a Ban on Watering of Nonfunctional Turf. There were no changes to the Ordinance from the first reading; the Ordinance is now ready for its second reading and adoption.

ANALYSIS:

The City adopted the 2025 WSCP to be compliant with California Water Code § 10632. The major components of the 2025 WSCP include (1) Levels of Declared Water Shortage, (2) Financial Consequences of Drought, and (3) Recommended Demand Reduction Actions. Additionally, AB 1572 requires that local ordinances prohibiting watering of nonfunctional turf with potable water be adopted by January 1, 2027. Amending Chapter 6 of Title VIII of the Milpitas Municipal Code to incorporate all of these updates is necessary to ensure compliance with state law, avoid potential enforcement penalties, and align with broader state and regional conservation goals.

PROJECT SCHEDULE/KEY MILESTONES
Following adoption of Ordinance 240.8, a summary of the adopted ordinance will be posted in the Milpitas Post within 30 days of the August 18, 2026 hearing.

POLICY ALTERNATIVE(S):

Alternative: Do not adopt Ordinance 240.8 to amend Chapter 6 of Title VIII of the Milpitas Municipal Code to include updates from the 2025 WSCP and the prohibition of nonfunctional turf as a permanent water waste restriction.

Pros: None

Cons: Failure to adopt Ordinance 240.8 would cause the City to be noncompliant with AB 1572 requirements and not align with state and regional water conservation goals. Additionally, the adopted demand reduction actions in the 2025 WSCP cannot be enforced.

Reason for Not Recommending: Failure to include the prohibition of irrigating nonfunctional turf with potable water in the City’s water conservation ordinance by 2027 will result in the City being in violation of AB 1572.

FISCAL IMPACT:

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There are no fiscal impacts related to the adoption of Ordinance 240.8. The ordinance itself fulfills the state- mandated requirement to prohibit potable water use for irrigating nonfunctional turf and aligns with Assembly Bill 1572 and Water Code § 10608.14.

Funding for the required education and outreach efforts is already budgeted within Fund No. 401, CIP No. 7126 – Water Conservation Program.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is exempt from CEQA pursuant to California Water Code Section 10652. The action is also categorically exempt from CEQA under State CEQA Guidelines, §15308 as this action is an action by a regulatory agency for the protection of the environment as authorized by state and local law.

ATTACHMENT:
(a) Ordinance No. 240.8

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Ordinance No. 240.8

1 REGULAR

NUMBER: 240.8

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 6 OF TITLE VIII OF THE MILPITAS MUNICIPAL

CODE RELATING TO THE WATER SHORTAGE CONTINGENCY PLAN AND

PERMANENT WATER WASTE RESTRICTIONS INCLUDING A BAN ON

WATERING OF NONFUNCTIONAL TURF

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

________________________________
Christian M. Curtis, City Attorney

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Ordinance No. 240.8

2 RECITALS AND FINDINGS:

WHEREAS, including as authorized by California Water Code section 375, the City of Milpitas has the authority to adopt and enforce a water conservation program to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies of the City; and

WHEREAS, pursuant to California Water Code section 376, a water conservation program adopted pursuant to California Water Code section 375 may be adopted by a resolution or an ordinance, and such resolution or ordinance is effective upon its adoption; and

WHEREAS, on January 17, 2014, Governor Brown issued a Proclamation declaring a State of Emergency due to severe drought conditions in the State of California; and

WHEREAS, on August 19, 2014, the Milpitas City Council adopted Urgency Ordinance No. 240.2, declaring a water shortage, adding supplemental water use restrictions to the Water Shortage Contingency Plan (“WSCP”) as required by State law, and requested the community to implement water conservation measures with a goal of reducing consumption by twenty percent (20%); and

WHEREAS, on June 16, 2015, the Milpitas City Council adopted Urgency Ordinance 240.3, declaring the continuation of a water shortage, implemented Stage 2 of the Milpitas WSCP, and added additional conservation measures as required by State law, and requiring the community to implement water conservation measures with a goal of reducing consumption by thirty percent (30%); and

WHEREAS, as a result of increasing water supplies in many parts of the State, on May 9, 2016, Governor Brown issued Executive Order B-37-16, directing the State Water Resources Control Board to adjust and extend the emergency regulations for urban water conservation through the end of January 2017; and

WHEREAS, in response to the Governor’s directive, the State Water Resources Control Board adopted new emergency regulations, which continued a statewide conservation approach while replacing the prior percentage reduction-based water conservation standard with a localized approach that requires urban water suppliers to adopt a locally-developed conservation standard based on each supplier’s specific circumstances; and

WHEREAS, on August 16, 2016, the Milpitas City Council adopted Ordinance No. 240.5, declaring the continuation of a water shortage for the year 2016, implemented Stage One of the WSCP, modified the supplemental water use restrictions, and requested the community to implement water conservation measures with a goal of reducing consumption by twenty percent (20%); and

WHEREAS, on April 7, 2017, Governor Brown issued Executive Order B-40-17, terminating the January 17, 2014 drought State of Emergency for most counties in California, including Santa Clara County and directed the State Water Resources Control Board to rescind the water supply stress test for urban water suppliers as well as any remaining mandatory conservation standards, but to maintain urban water use reporting requirements and prohibitions on wasteful practices such as watering during or after rainfall, hosing off sidewalks, and irrigating ornamental turf on public street medians; and

WHEREAS, on June 20, 2017, the Milpitas City Council adopted Ordinance No. 240.6, declaring the termination of Stage Two of the WSCP and implemented a ten percent (10%) voluntary call for conservation; and

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Ordinance No. 240.8

3 WHEREAS, following the end of the drought, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements.

California Water Code has significant updates specifically to Code Section 10632 that now mandates new elements to Urban Water Management Plans and Water Shortage Contingency Plans, including an annual drought risk assessment, standard water shortage levels and statewide water use prohibitions; and

WHEREAS, on June 9, 2021, the Santa Clara Valley Water District (Valley Water) Board of Directors adopted a resolution calling for mandatory water use reductions; and

WHEREAS, on June 15, 2021, the Milpitas City Council adopted Resolution No. 9086, “A resolution adopting the 2020 Urban Water Management Plan (‘UWMP’)”, which includes water conservation as a necessary and effective component of the City’s programs to provide a reliable supply of water to meet the needs of its customers; and

WHEREAS, on June 15, 2021, the Milpitas City Council adopted Resolution No. 9087, “A resolution adopting the 2020 Water Shortage Contingency Plan (‘WSCP’),” establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures and water shortage levels. These measures align with California Water Code Sections 353 and 375, and.

WHEREAS, on July 8, 2021 the Governor issued Executive Order N-10-21 declaring a State of Emergency due to drought conditions; and

WHEREAS, the City conducts an Annual Water Supply and Demand Assessment pursuant to California Water Code 10632 and, on or before July 1 of each year, beginning in 2022, submits an annual water shortage assessment report to the California Department of Water Resources with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP; and

WHEREAS, on August 5, 2021, the Milpitas City Council adopted Ordinance No, 240.7 to amend Chapter 6 of Title VIII in the Milpitas Municipal Code relating to the Water Shortage Contingency plan, and to declare a Level 2 Water Shortage, in line with conservation calls from Valley Water, San Francisco Public Utilities Commission, and the State; and

WHEREAS, on October 19, 2021, Governor Newsom issued a proclamation for a statewide drought emergency and directed the State Water Resource Control Board to adopt emergency regulations to prohibit certain wasteful uses of water; and

WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency and called for a voluntary 10% water use reduction; and

WHEREAS, on January 4, 2022, in response to the Governor’s directive, the State Water Resources Control Board adopted new emergency regulations, which prohibits certain wasteful water use practices, such as the use of decorative water fountains, using irrigation systems during and within 48 hours of rain, and using water to clean sidewalks and driveways, among others; and

WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22, directing the State Water Resources Control Board to adopt regulations requiring urban water retail suppliers that have submitted a water shortage contingency plan to implement, at a minimum, shortage response actions for Level 2 Water Shortage. The Executive Order also directs the State Water Board to adopt regulations that prohibit the irrigation of strictly ornamental turf areas for the commercial, industrial, and institutional sectors; and

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Ordinance No. 240.8

4 WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted an emergency regulation that requires urban water retailers to implement Level 2 Water Shortage Contingency Plan actions and to prohibit the watering of “nonfunctional turf” (that is, turf that is strictly ornamental and does not serve human recreational purposes) using potable water, except to ensure the health of trees and perennial non-turf plantings, effective on June 10, 2022; and

WHEREAS, on September 22, 2022, Valley Water adopted Ordinance No. 22-02 to establish mandatory outdoor water conservation measures with corresponding enforcement measures as part of a mandatory outdoor water conversation program, for all property owners in Santa Clara County who receive potable water supplied or managed by Valley Water, which includes watering restrictions of nonfunctional turf; and

WHEREAS, on December 7, 2022, the State Water Resources Control Board readopted the emergency drought regulations from January 4, 2022, which prohibit wasteful uses of water; and

WHEREAS, on March 24, 2023, Governor Newsom issued Executive Order N-5-23, which terminated the state’s 15% voluntary water conservation goal and the requirement that local agencies implement Level 2 Water Shortage actions, while maintaining the requirement to enforce the prohibition of wasteful water use practices and retaining the state of emergency to allow for the continuation of drought response activities and support for regions still experiencing drought and water shortage conditions; and

WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission voted to rescind its November 2021 water shortage emergency declaration, while keeping its 11% voluntary water conservation target to remain consistent with the State Water Resource Control Board’s regulation requiring urban water agencies to implement Level 2 Water Shortage Contingency Plan actions; and

WHEREAS, on April 12, 2023, Valley Water’s Board of Directors voted to rescind its water shortage emergency declaration and the mandatory call of 15% water use reduction, while maintaining the ban on wasteful water use practices and switching to a voluntary 15% water conservation goal. The Board of Directors directed Valley Water to provide recommendations for additional actions to continue promoting water conservation as a way of life; and

WHEREAS, on May 16, 2023, the Milpitas City Council adopted Resolution No.9246 to terminate the Level 2 Water Shortage declared on August 5, 2021 and revert to a Level 0 Water Shortage, which includes enforcement of permanent water waste restrictions that promote water conservation as a “Milpitas Way of Life”; and

WHEREAS, on October 13, 2023, Governor Newsom signed Assembly Bill 1572, which prohibits the use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities; other than cemeteries. The bill authorizes a public water system, city, county, or city and county to enforce these provisions in phases, as defined; and

WHEREAS, for the protection of the public health, safety, and welfare, including to protect against critical water shortages and the disastrous consequences thereby to the necessary and basic human needs of the population, sanitation, and fire protection, the Milpitas City Council wishes to adopt the water conservation practices contained herein; and

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Ordinance No. 240.8

5 WHEREAS, in accordance with California Water Code section 375 et seq., and the laws and regulations cited above, the City complied with the notice, publication and/or posting requirements for the Ordinance as specified by state law.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. ADDITIONAL FINDINGS

The City Council finds that pursuant to California Water Code section 375, et seq,, due to the persistent and unpredictable water conditions in the State, statutory requirements for water planning, and the declared policy of the State, it is necessary and appropriate for the City to adopt, implement, and enforce a water conservation program with stages of water shortage restrictions, including emergency stages, to reduce the quantity of water used by consumers within the City, to preserve water supplies, to prevent the waste or unreasonable use or unreasonable method of use of water, and to ensure that there is sufficient water for human consumption, sanitation, and fire protection.

SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 1

Title VIII, Chapter 6, Section 1 of the Milpitas Municipal Code is hereby amended to read as follows:

VIII-6-1.00 – Findings and Purpose

The City Council of the City of Milpitas has found that the limited supply of City waters are subject to ever increasing demands and statewide requirements; that the City's economic prosperity depends on adequate supplies of water; and that the City policy promotes conservation and efficient use of potable water.

Consistent with the above findings, the purpose of this chapter is to promote the values and benefits of conservation and efficient use of potable water; and establish provisions for water management practices to enable effective water supply planning and prevention of potable water waste.

This chapter outlines processes and procedures to implement during times of declared water shortage.

SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 2

Title VIII, Chapter 6, Section 2 of the Milpitas Municipal Code is hereby amended to read as follows:

VIII-6-2.00 – Definitions
The words used in this chapter have the meaning set forth below:

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Ordinance No. 240.8

6 2.01 “Recycled water,” “Reclaimed Water,” and “Treated Sewage Effluent Water” means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation, and not intended for human consumption.

2.02 "Runoff" means water that is not absorbed by the surface to which it is applied and flows from the area.

2.03 "Potable Water" means water sold by the City intended for human consumption.

2.04 “Recirculated water” means water that is circulated in a system that recirculates water through an internal circulation device.

2.05 “Water Shortage Contingency Plan” or “WSCP” means the most recent version of the plan adopted by the City consistent with California Water Code sections 10632 et seq., which establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures and defines six water shortage levels.

2.06 “Pools and spas” means a design element where open water performs a recreational function for which water is supplied through a City potable water meter.

2.07 “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams for which water is supplied through a City potable water meter. Pools and Spas are not considered water features and are defined separately.

2.08 “Annual Water Supply and Demand Assessment” or “Annual Assessment” means an annual report with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP.

2.09 “Measurable rainfall” means at least one fourth of one inch of rain.

2.10 “Ornamental turf” means grass grown for decorative purposes.

2.11 “Commercial property” means a place of business that provides or distributes a product or service. Commercial properties include, but are not limited to, retail and shopping malls, restaurants, hotels, office buildings, and any use designated as a commercial use in the Milpitas Zoning Ordinance.

2.12 “Industrial property” means a place that is primarily used for the manufacturing or processing of materials as defined by the North American Industry Classification System code sectors 31 to 33, inclusive, or research and development. Industrial properties include any use designated as an industrial use in the Milpitas Zoning Ordinance.

2.13 “Institutional property” means a place dedicated to providing a public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.

2.14 “Residential property” means private property upon which a residential structure is located. "Residential property" includes the entirety of the private property but does not include any public right of way or access easement over that property. For the purpose of multi-family properties with separately habitable units, each unit shall be separately considered its own residential property and common areas shall not be considered residential property.

2.15 “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property.

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Ordinance No. 240.8

7 2.16 “Common interest development” means any of the following:
a) A community apartment project.
b) A condominium project.
c) A planned development.
d) A stock cooperative.

2.17 “Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public. “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.

2.18 “Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.

2.19 “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.

2.20 “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf; however, turf located at cemeteries is considered functional.

2.21 “Homeowners’ association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

2.22 “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots. Nonfunctional turf includes but is not limited to:
a) streetscape turf which is located along private or public streets (e.g., mow strips on either side of street), along streetscape sidewalks (narrow spaces of turf that line the sidewalk on private or public property), along driveways and parking lots within the community, business streetscape frontage areas, and within medians within roundabouts;
b) turf that is solely ornamental
c) other turf that is not functional turf.

2.23 “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.

SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 6, SECTION 3

Title VIII, Chapter 6, Section 3 of the Milpitas Municipal Code is hereby amended to read as follows:

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Ordinance No. 240.8

8 VIII-6-3.00 – Permanent Water Use Restrictions
The following water conservation requirements are effective at all times and are permanent as outlined in the City’s WSCP, incorporated herein by reference as if fully set forth herein. More restrictive measures may be in place depending on the declared water shortage level. Violations of this section will be considered waste and an unreasonable use of water.

The table entitled “Table 3-1. Retail: Water Shortage Contingency Plan Levels (Department of Water Resources [DWR] Submittal Table 8-1)” is adopted as part of the WSCP and is attached as Exhibit “A.”
EXHIBIT “A”
Table 3-1. Retail: Water Shortage Contingency Plan Levels (DWR Submittal Table 8-1) DWR Submittal Table 8-1
Water Shortage Contingency Plan Levels
Shortage
Level
Percent
Shortage
Range
Shortage Response Actions
0 0% (Normal)
A Level 0 Water Supply Shortage – Condition exists when the City notifies its water users that no supply reductions are anticipated in this year. City proceeds with planned water efficiency best practices to support consumer demand reduction in line with state mandated requirements and local City goals for water supply reliability. Permanent water waste prohibitions are in place as stipulated in the City’s Water Shortage Response Ordinance.
1 Up to 10%
A Level 1 Water Supply Shortage – Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 10% is necessary to make more efficient use of water and respond to existing water conditions. The City shall implement the mandatory Level 1 conservation measures identified in this WSCP. The type of event that may prompt the City to declare a Level 1 Water Supply Shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
2  11% to 20%
A Level 2 Water Supply Shortage – Condition exists when the City notifies its water users that due to drought or other supply reductions, a consumer demand reduction of up to 20% is necessary to make more efficient use of water and respond to existing water conditions. Upon declaration of a Level 2 Water Supply Shortage condition, the City shall implement the mandatory Level 2 conservation measures identified in this WSCP.
3 21% to 30%
A Level 3 Water Supply Shortage – Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 30% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.

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Ordinance No. 240.8 2
4  31% to 40%
A Level 4 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 40% consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. 5  41% to 50%
A Level 5 Water Supply Shortage - Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that up to 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350. 6 >50%
A Level 6 Water Supply Shortage – Condition exists when the City declares a water shortage emergency condition pursuant to California Water Code section 350 and notifies its residents and businesses that greater than 50% or more consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The City must declare a Water Supply Shortage Emergency in the manner and on the grounds provided in California Water Code section 350.

The table entitled “Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-3)” is adopted as part of the WSCP and is attached as Exhibit “B.” EXHIBIT “B”
Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-3)

DWR Submittal Table 8-3
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this
going to reduce the
shortage gap?
Additional Explanation or
Reference
Penalty,
Charge, or
Other
Enforcement?
0 Other water feature or
swimming pool
restriction
Statewide
Prohibition is
Required
Cleaning, filling, or operating
water features, such as
decorative fountains, except
where the water is part of a
recirculating system.

No
0 Other
Statewide
Prohibition is
Required
Washing or hosing down
vehicles is prohibited except by
use of a hand held container,
hose with an automatic shut off
device, or at a commercial car
wash.

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Ordinance No. 240.8 3
0 Other - Prohibit use of
potable water for
washing hard surfaces
Statewide
Prohibition is
Required
Washing hard or paved surfaces
is prohibited except to alleviate
safety or sanitary hazards using
a hand held container, hose
with an automatic shut off
device, or a low-volume high
pressure cleaning machine that
recycles used water.

No
0 Landscape - Restrict or
prohibit runoff from
landscape irrigation
Statewide
Prohibition is
Required
Watering vegetated areas in a
manner that causes excessive
water flow or runoff onto an
adjoining sidewalk, driveway,
street, alley, gutter, or ditch is
prohibited.

No
0 Landscape - Other
landscape restriction or
prohibition
Statewide
Prohibition is
Required
Irrigating ornamental turf on
public street medians is
prohibited.

No
0 Landscape - Other
landscape restriction or
prohibition
Statewide
Prohibition is
Required
No landscape watering shall
occur within 48 hours after
measurable precipitation.

No
0 Landscape - Other
landscape restriction or
prohibition
Ongoing long-term
conservation
savings measure.