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RPVCCA_CC_SR_2015_05_26_01_Letter_Protesting_Water_Shortage_PlanMEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CAROLYNN PETRU, AICD, DEPUTY CITY MANAGER® DATE: MAY 26, 2015 SUBJECT: LETTER PROTESTING CALIFORNIA WATER SERVICE COMPANY'S PROPOSED SCHEDULE 14.1 WATER SHORTAGE CONTINGENCY PLAN REVIEWED BY: DOUG WILLMORE, CITY MANAGER Nt- % Project Manager: Kit Fox, AICP, Senior Administrative Analyst RECOMMENDATION Authorize the Mayor to sign a letter protesting California Water Service Company's proposed Schedule 14.1 Water Shortage Contingency Plan to the California Public Utilities Commission. BACKGROUND On April 1, 2015, Governor Brown issued an executive order regarding the State's current drought emergency. This order mandated that the State Water Resources Control Board (SWRCB) impose restrictions to achieve a statewide 25 -percent reduction in potable urban water usage through at least the end of February 2016. The order issued thirty- one (31) individual directives, including: • State funding for turf -replacement programs to achieve the replacement of fifty million square feet of laws and ornamental turf • State funding for a water -efficient household appliance rebate program • Imposition of water -use restrictions upon commercial, industrial and institutional properties such as school campuses, golf courses and cemeteries • Prohibition against irrigation of ornament turf on public street medians with potable water 1 MEMORANDUM: Protest Letter for CalWater's Water Shortage Contingency Plan May 26, 2015 Page 2 • Establishment of surcharges, fees and penalties to incentivize water conservation efforts On April 7, 2015, SWRCB issued a proposed regulatory framework to implement the Governor's directive. Included in the proposal was a 4 -tiered approach to achieve the overall 25 -percent statewide reduction in water usage. Water suppliers were ranked by the residential per -capita water use within their service areas during the most -recent reporting period that ended in September 2014, with a benchmark of fifty-five (55) gallons/person/day assumed to be "normal." SWRCB proposed that water suppliers with lower usage rates would be required to impose lower reductions in usage (10 or 20 percent) while those suppliers with the highest usage rates would be required to impose the higher restrictions on usage (25 or 35 percent). Since the per -capita usage in California Water Service Company's (CalWater's) Palos Verdes service area in 2014 was over two hundred fifty-five (255) gallons/person/day, it was expected that Peninsula residents would be asked to reduce water usage by thirty-five percent (35%). SWRCB's proposed rules were set for public hearing on May 5, 2015, with mandatory usage restrictions expected to go into effect on June 1, 2015.1 On April 18, 2015, SWRCB issued a revised proposal and regulations to achieve Governor Brown's mandate. Under the new, 9 -tiered proposal, CalWater's Palos Verdes service area would be required to achieve a 36 -percent reduction in consumption (see attached excerpt from supplier tier table). This amounted to a 1 -percent increase for the Palos Verdes service area from the 35 -percent reduction under the original, 4 -tiered WRCB proposal. In response to the SWRCB proposal, CalWater submitted a proposed Water Shortage Contingency Plan to the California Public Utilities Commission (CPUC) on April 28, 2015 (see attachments). SWRCB subsequently adopted its revised, 9 -tiered proposal on May 5, 2015, including the 36 -percent reduction in water consumption in the Palos Verdes service area. CalWater held a public meeting to brief Palos Verdes Peninsula residents on how these regulations will be applied on May 13, 2015, at its Rancho Dominguez District customer center in Torrance. An additional meeting was held on May 21, 2015. The May 13th meeting was recorded by RPVty, and is being broadcast daily on Channel 33/38 at 1:00 PM and 8:00 PM. Media reports indicated that an overflow crowd attended the May 13th meeting (see attached Peninsula News article). 1 Another directive included in the Governor's order calls upon SWRCB to update the State Model Water Efficient Landscape Ordinance to increase water efficiency standards for new and existing landscapes. The City adopted its own Water Efficient Landscape Ordinance (RPVMC Chapter 15.34) in 2010, based upon the State's model ordinance at that time. If the State's model ordinance is revised and made more stringent, Staff anticipates that the City will be obliged to adopt the new model ordinance, probably before the end of 2015. 2 MEMORANDUM: Protest Letter for CalWater's Water Shortage Contingency Plan May 26, 2015 Page 3 The State Office of Administrative Law (OAL) approved the proposed SWRCB regulations on May 18, 2015 (see attachments). Section 865(c)(10) of these regulations codifies the 36 -percent reduction required for urban water suppliers with water consumption rates of two hundred fifteen (215) gallons/person/day and greater. As mentioned above, the water consumption rate for CalWater's Palos Verdes service area exceeds two hundred fifty- five (255) gallons/person/day in 2014. CPUC is expected to review and approve CalWater's Schedule 14.1 Water Shortage Contingency Plan on May 28, 2015, with an effective date of June 1, 2015. At the May 19, 2015, City Council meeting, the City Council decided to agendize this request for consideration at tonight's adjourned regular meeting/City Council workshop. DISCUSSION CalWater seeks to implement its Water Shortage Contingency Plan at Stage 2, as described in their May 7t" letter to the City. Stage 1 of the Plan includes (but is not limited to): • Odd -even (based on street address), 3 days/week restrictions on outdoor irrigation • Prohibition of outdoor irrigation between 8:00 AM and 6:00 PM • Requiring leaks to be repaired within five (5) business days • Limitations and restrictions on the use of potable water in parks, restaurants, hotels and other locations • Limitation on filling single-family pools and spas Stage 2 adds to these restrictions the imposition of mandatory water budgets, including drought surcharges (i.e., penalties). A first violation of the Plan would warrant a written notice from CalWater. The Plan would set second violation penalties at $50, and third violation penalties at $100. Subsequent and/or "egregious" violations would entitle CalWater to install flow -restriction devices on customers' service lines. These penalties would also increase in amount and severity in the event that the Plan progresses to Stages 3 or 4. The draft letter to CPUC reiterates many of the points raised in a similar letter from the City of Rolling Hills to SWRCB. These include: The effect upon the City's semi -rural character, particularly in large lot and equestrian -zoned neighborhoods; The creation of additional combustible fuel (i.e., dry and/or dead vegetation) in a community that almost entirely located within a Very High Fire Hazard Severity Zone; 9 MEMORANDUM: Protest Letter for CalWater's Water Shortage Contingency Plan May 26, 2015 Page 4 The failure to acknowledge past and current water conservation efforts in the City. Since CPUC's authority is this matter is limited to the approval of rates and tariffs, the letter also states that the drought surcharges proposed by CalWater will be unduly burdensome to City residents. We also remind the Commission of the precedent set in the recent Capistrano Taxpayers Association decision. If approved, Staff will transmit the signed letter to CPUC tomorrow. It is Staff's understanding that CPUC is expected to rule on this matter by May 28, 2015. CONCLUSION In conclusion, Staff recommends that the City Council authorize the Mayor to sign a letter protesting CalWater's proposed Water Shortage Contingency Plan to CPUC. ALTERNATIVES In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Modify the protest letter to the CPUC. 2. Do not authorize the Mayor to sign a letter protesting CalWater's proposed Water Shortage Contingency Plan to the CPUC. FISCAL IMPACT There is no fiscal impact associated with authorizing the Mayor to sign the letter protesting CalWater's Water Shortage Contingency Plan. Attachments: • Draft Protest Letter for CalWater's Schedule 14.1 Water Shortage Contingency Plan (page 5) • SWRCB's Water Supplier Tiers (dated 4/18/15) (page 9) • OAL approval of SWRCB regulations (dated 5/18/15) (page 11) • CalWater's Schedule 14.1 Water Shortage Contingency Plan (dated 4/28/15) (page 19) • Letter from CalWater regarding Scheduled 14.1 and May 13th public meeting (dated 5/7/15) (page 31) • PV News article regarding May 13th CalWater meeting (published 5/21/15) (page 34) M:\Drought\20150526_Schedule14.1 ProtestLetter_StaffRpt.docx El May 26, 2015 VIA FACSIMILE & ELECTRONIC MAIL (415) 703-1758 timothy.sullivan@cpuc.ca.gov Timothy J. Sullivan, Interim Executive Director California Public Utilities Commission 505 Van Ness Ave. San Francisco, CA 94102 SUBJECT: Opposition to California Water Service Company's Schedule 14.1 Water Shortage Contingency Plan for its Rancho Dominguez District Dear Mr. Sullivan: I write to you and the members of the California Public Utilities Commission on behalf of the citizens and City Council of the City of Rancho Palos Verdes to protest the proposed Water Shortage Contingency Plan (Schedule 14.1) submitted by California Water Service Company (CalWater), particularly as it relates to the Palos Verdes service area of CalWater's Rancho Dominguez District. We understand that the Commission is expected to rule on this plan by May 28, 2015. Rancho Palos Verdes is one of four (4) cities on the Palos Verdes Peninsula in Los Angeles County that are served by CalWater. Recently, the City of Rolling Hills raised objections to the State mandate for a 36 -percent reduction in potable water consumption for the Palos Verdes Peninsula (see enclosure). Unfortunately, these objections were rejected by the State Water Resources Control Board (SWRCB) and the Office of Administrative Law (OAL) in their approval of Sections 863-866 in Title 23, Article 22.5 of the California Code of Regulations. The City of Rancho Palos Verdes believes that many of the unique circumstances cited by Rolling Hills similarly apply to Rancho Palos Verdes: Substantial portions of Rancho Palos Verdes are zoned for large -lot residential development and horse keeping. Many property owners in these areas of the city keep horses or other large domestic animals, and some also cultivate crops for their personal consumption on areas of up to an acre, both of which are semi -rural activities that the city permits and encourages. CalWater's plan would diminish the semi -rural quality of life that characterizes a large portion of Rancho Palos Verdes Nearly the entirety of Rancho Palos Verdes is identified as a Very High Fire Hazard Severity Zone on maps prepared by the California Department of Forestry and Fire Protection (CalFire). Reductions in residential irrigation have the potential to 5 Timothy Sullivan May 26, 2015 Page 2 substantially increase the amount of combustible fuel in the event of wild fire. The City and the Palos Verdes Peninsula have experienced many devastating wild fires over the past few decades. CalWater's plan would threaten the safety of the City and its residents. • Rancho Palos Verdes has already taken steps to conserve water in the past. In 2010, we adopted our own Water Efficient Landscape Ordinance, based upon the State's model ordinance at that time. If the State's model ordinance is revised and made more stringent, as suggested as a part of Governor Brown's April 1St executive order, Rancho Palos Verdes expects to adopt the provisions of any new model State ordinance. Furthermore, the data presented by SWRCB in support of its new regulations demonstrated that CalWater's Palos Verdes service area had achieved a 4 -percent reduction in potable water consumption between 2013 and 2014, a fact that was not acknowledged in the 36 -percent reduction mandated in the SWRCB regulations. CalWater's plan does not give the City credit for its water conservation efforts in the recent past. The City appreciates that the Commission is being asked now to review the rates and tariffs proposed by CalWater, and that many of the issued raised above are outside the Commission's purview. Nevertheless, Rancho Palos Verdes believes that the drought surcharges proposed by CalWater will be unduly burdensome to its residents. Furthermore, the City would remind the Commission of the precedent set in the recent Capistrano Taxpayers Association decision. Any drought surcharge imposed should be based directly upon and be proportionate to the cost of providing water service. Thank you very much for considering the concerns of the City of Rancho Palos Verdes and its citizens in your deliberations regarding CalWater's Schedule 14.1 Water Shortage Contingency Plan for its Rancho Dominguez District. If you have any questions, please contact City Manager Doug Willmore at (310) 544-5202 or dwillmore@rpvca.gov. Sincerely yours, Jim Knight Mayor enclosure cc: Rancho Palos Verdes City Council Doug Willmore, City Manager Carolynn Petru, Deputy City Manager Kit Fox, Senior Administrative Analyst Daniel Trejo, Acting District Manager, CalWater's Rancho Dominguez District Al • May 4, 2015 city ICM\OMPS, -ALLY INCORPORATED JANUARY 24, 1957 Jeanine Townsend, Clerk to the Board State Water Resources Control Board 10011 Street, 24th Floor Sacramento, CA 9581.4 RE; Comment Letter - Emergency Conservation Regulation Dear Ms. Townsend, NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (330) 377.1521 FAX -(310)377-7288 I am writing to the Board on behalf of the City of Rollmg Hills to vehemently oppose the State Water Resources Control Board's Proposed Emergency Regulation concerning Drougbt EmuWater Conversation. The City knows the Board is dealing with a serious environmental emergency in order to conserve water in a severe drought condition Statewide, but the Proposed Emergency Regulation needs to be amended to assist municipalities such as Rolling Hills. The 36% reduction requirement for the City of Rolling Hills is very onerous and could be hazardous to our residents and their livestock. Rolling Hills is a unique rural and equestrian community in Los .Angeles County with a population of only 1,860 residents, based on the 2010 census. Our city has less than 800 residences and no commercial businesses. Rolling Hills' water is provided by the California Water Service Company within its Palos Verdes District. Almost all the parcels in Rolling Hills range between 1 to 12 acres in size. It is obvious that a household in Rolling Hills will use more water than almost any other household in the State. To group our residents' per capita water usage to all other urban and suburban communities is simply not comparable and is unfair. The entire City of Rolling Hills is zoned as "Residential Agricultural" where every household by right can farm on their land. Many of our residents have planted vineyards, orchards and vegetable plots that create in itself high water usage per capita. Within Sec, 865(e) of the Proposed Emergency Regulation, you allow water suppliers to credit themselves for commercial agricultural uses. Residential farmers such as those in Rolling Hills should get a similar credit by reducing the overall percentage requirement for the entire City. If not,. you will put a damper on local food supply sustainability and destroy a very important local resource. The City of Rolling Hills' entire history is based on its equestrian lifestyle and heritage. Every parcel in Rolling Hills is required to . have an area for a horse stable and corral. Between the City and the Rolling Hills Homeowners Association, they own and operate two municipal corrals which are used to provide the required exercise for horses. Therefore, taking care of horses and other farm, animals is commonplace in Rolling Hills. It takes a great deal of potable water to care for farm animals, particularly for their drinking water during the hot summer months, so that these animals remain healthy. These eqPrinted an ftftW ed Paper 7 Townsend May 4, 2415 Re: Comment Letter - Emergency Conservation Regulation Page 2 necessities cannot be compaxed to must urban Households and cutting back wafter for livestock and equestrian uses is not possible. The State of California has declared the entire City of Rolling Hills to be located in a Very High Fire Severity Zone. With the right conditions, our entire City can burn down by wildfire. The City already has concerns about certain households who have cut back their watering of vegetation around their home, which is causing this vegetation to die and making it more susceptible to wildfire. The City believes it is dangerous that the Board require residents in extremely high fire zones to cut any water to the plants surrounding residents' homes. Such plants provide firebreaks only when they are still alive due to proper irrigation. Since the City has already implemented best practices in water conservation measures, it will be difficult for our residents to cut much more of their water usage. The City in 2013 adopted the California Housing and Community Development "CAL Green" code for water efficiency and conservation for both outdoor and indoor uses. Also, the City amended its municipal code by adopting the Water Efficient Landscape Ordinance. Finally, since our residents have already been paying such large bills due to their large lots with varied uses, they have on their own installed very expensive water conservation devices and have cut back on their personal water use. So requiring these residents to cut another 36% is simply not feasible and is penalizing them for their water conservation efforts. A final point is that the Regulation is not consistent with the recent legal case involving the City of San Juan Capistrano. Any water rate structure, fee or fine must be commensurate with the cost of providing the water service. Due to all the above stated facts and circumstances, the City of Rolling Hills believes that it deserves the least onerous water reduction requirements. We are requesting a citywide reduction requirement of only 8%. If you have any questions regarding this letter or about our community, please contact me at (310) 377-1521. rely, Raymond R. Cruz City Manager 2 RRC:hl 0&-G44sCmntmttetnt Ce.do= Rolling Hills Mayor and City Council Dan Trejo, Acting District Manager, California Water Service Company State Senator Ben Allen State Assemblymernber David Hadley OW Sierra Madre City of 616,142,059 Total Water 69,566,941 11% 214.5 8 32% 197,165,459 Total Water Production Saved Percent Saved 481,015,100 10% 214.8 8 32% 1,537,705,248 (Jun -14 -Feb-15, 5,340,000,000 5,006,100,000 333,900,000 6% 215.7 9 2013 2014/15 compared to 2013, (Jun -14 - Feb -15 Jul -Sep 2014 R Tier Conservation Estimated Savings Supplier Name (Jun - Feb) (Jun -14 - Feb -15) gallons) compared to 2013) GPCD 3,340,661,415 Standard (Gallons) Sierra Madre City of 616,142,059 546,575,118 69,566,941 11% 214.5 8 32% 197,165,459 Tulare, City of 4,805,328,900 4,324,313,800 481,015,100 10% 214.8 8 32% 1,537,705,248 Indio City of 5,340,000,000 5,006,100,000 333,900,000 6% 215.7 9 36% 1,922,400,000 Oakdale City of 1,417,000,000 1,139,000,000 278,000,000 20% 215.9 9 36% 510,120,000 Fallbrook Public Utility District 3,340,661,415 3,012,268,347 328,393,068 10% 217.3 9 36% 1,202,638,109 Kerman, City of 880,465,000 769,624,000 110,841,000 13% 217.9 9 36% 316,967,400 Exeter City of 600,332,681 535,287,408 65,045,273 11% 218.8 9 36% 216,119,765 Georgetown Divide Public Utilities District 512,901,000 410,416,000 102,485,000 20% 219.7 9 36% 184,644,360 Yorba Linda Water District 5,380,523,933 5,128,021,662 252,502,271 5% 220.2 9 36% 1,936,988,616 Rubio Canyon Land and Water Association 561,116,157 508,002,375 53,113,783 9% 220.8 9 36% 202,001,817 Sacramento Suburban Water District 9,630,759,000 8,318,514,000 1,312,245,000 14% 222.5 9 36% 3,467,073,240 Corcoran City of 1,162,447,000 950,206,000 212,241,000 18% 224 9 36% 418,480,920 Norco City of 2,009,949,357 1,856,691,656 153,257,702 8% 224.2 9 36% 723,581,769 Golden State Water Company Cordova 4,051,962,495 3,483,514,680 568,447,814 14% 224.5 9 36% 1,458,706,498 Monterey Park City of 649,960,000 594,880,000 55,080,000 8% 224.86 9 36% 233,985,600 Winton Water & Sanitary District 432,243,000 400,904,000 31,339,000 7% 228.3 9 36% 155,607,480 Montecito Water District 1,577,349,003 836,688,709 740,660,294 47% 228.9 9 36% 567,845,641 Camrosa Water District 2,469,015,365 2,141,221,863 327,793,502 13% 229.3 9 36% 888,845,531 Wasco City of 1,096,680,000 952,170,000 144,510,000 13% 231.1 9 36% 394,804,800 Olivenhain Municipal Water District 5,326,497,766 5,149,755,952 176,741,814 3% 232.4 9 36% 1,917,539,196 Upland City of 5,523,683,657 5,024,215,355 499,468,301 9% 234.9 9 36% 1,988,526,116 Clovis City of 6,737,008,000 6,080,852,000 656,156,000 10% 235.2 9 36% 2,425,322,880 Beverly Hills City of 2,984,049,613 2,900,957,499 83,092,114 3% 235.9 9 36% 1,074,257,861 Lodi City of Public Works Department 3,904,230,000 3,932,720,000 -28,490,000 -1% 235.9 9 36% 1,405,522,800 Los Angeles County Public Works Waterworks District 29 2,383,427,229 2,356,081,777 27,345,452 1% 236.0 9 36% 858,033,802 Loma Linda City of * 1,379,990,569 1,323,839,525 56,151,044 4% 236.0 9 36% 496,796,605 Shafter City of 1,350,000,000 1,154,000,000 196,000,000 15% 236.5 9 36% 486,000,000 Fruitridge Vista Water Company 1,000,084,300 823,053,400 177,030,900 18% 238.3 9 36% 360,030,348 Paradise Irrigation District 1,721,400,000 1,355,900,000 365,500,000 21% 240.8 9 36% 619,704,000 Glendora City of 3,108,798,089 3,089,127,284 19,670,805 1% 242.0 9 36% 1,119,167,312 Carmichael Water District 2,598,570,000 2,107,250,000 491,320,000 19% 242.5 9 36% 935,485,200 Rainbow Municipal Water District 3,976,593,060 3,760,749,074 215,843,985 5% 243.0 9 36% 1,431,573,501 Modesto, City of 15,589,770,183 13,698,086,925 1,891,683,258 12% 245.9 9 36% 5,612,317,266 Pinedale County Water District 267,792,348 224,289,932 43,502,416 16% 247.12 9 36% 96,405,245 Lincoln City of 2,592,190,000 2,158,050,000 434,140,000 17% 251.0 9 36% 933,188,400 California Water Service Company Bear Gulch 3,623,142,017 3,228,861,790 394,280,227 11% 252.5 9 36% 1,304,331,126 Los Banos, City of 2,053,870,000 1,905,101,000 148,769,000 7% 253.0 9 36% 739,393,200 Redding City of 7,109,010,000 5,934,100,000 1,174,910,000 17% 253.8 9 36% 2,559,243,600 Riverside Highland Water Company 971,591,200 889,248,544 82,342,656 8% 253.8 9 36% 349,772,832 California Water Service Company Palos Verdes 5,184,622,055 4,979,661,507 204,960,548 4% 255.4 9 36% 1,866,463,940 Olivehurst Public Utility District 1,161,641,529 959,245,393 202,396,137 17% 256.0 9 36% 418,190,951 San Bernardino County Service Area 64 758,722,238 679,807,540 78,914,699 10% 257.8 9 36% 273,140,006 Anderson, City of 572,342,000 498,676,000 73,666,000 13% 260.0 9 36% 206,043,120 Rio Vista, city of 641,312,000 606,333,000 34,979,000 5% 260.9 9 36% 230,872,320 Golden State Water Company Ojai 564,830,864 487,636,661 77,194,203 14% 261.0 9 36% 203,339,111 Indian Wells Valley Water District 1,861,884,000 1,789,365,000 72,519,000 4% 263.5 9 36% 670,278,240 Yucaipa Valley Water District 2,981,840,000 2,837,629,000 144,211,000 5% 265.1 9 36% 1,073,462,400 Casitas Municipal Water District 777,155,653 678,096,820 99,058,834 13% 265.7 9 36% 279,776,035 Nevada Irrigation District 2,750,729,000 2,339,997,000 410,732,000 15% 267.8 9 36% 990,262,440 Beaumont -Cherry Valley Water District 3,172,199,486 3,139,252,648 32,946,838 1% 269.7 9 36% 1,141,991,815 East Niles Community Service District 2,504,168,216 2,213,508,744 290,659,473 12% 271.8 9 36% 901,500,558 Fair Oaks Water District 3,068,959,978 2,450,034,519 618,925,459 20% 274.1 9 36% 1,104,825,592 Discovery Bay Community Services District 986,000,000 808,000,000 178,000,000 18% 276.3 9 36% 354,960,000 Rio Linda - Elverta Community Water District 770,017,391 629,595,315 140,422,076 18% 278.1 9 36% 277,206,261 �J Tier R-GPCD Range # of Suppliers in Range Conservation Standard From To 1 4% 2 0 64.99 23 8% 3 65 79.99 24 12% 4 80 94.99 44 16% 5 95 109.99 51 20% 6 110 129.99 48 24% 7 130 169.99 82 28% 8 170 214.99 54 32% 9 215 612.00 85 36% Estimated Water Savings (acre-feet) 1,227,429 Estimated Water Savings (%) 25% 10 State of California Office of Administrative Law In re: State Water Resources Control Board Regulatory Action: Title 23, California Code of Regulations Adopt sections: 863, 864, 865, 866 Amend sections: Repeal sections: NOTICE OF APPROVAL OF EMERGENCY REGULATORY ACTION Government Code Sections 11346.1 and 11349.6; Water Code Section 1058.5 OAL File No. 2015-0506-02 EE The State Water Resources Control Board submitted this action to readopt and further amend three sections, adopted in OAL file no. 2014-0718-01 E and readopted in OAL file no. 2015-0320-01 EE, and to adopt a new section in title 23 of the California Code of Regulations pertaining to drought emergency water conservation. The updated regulations are intended to safeguard urban water supplies in the event of continued drought, minimize the potential for waste and unreasonable use of water, and achieve the 25 percent statewide potable water usage reduction ordered by Governor Brown in his April 1, 2015 executive order. OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Code and section 1058.5 of the Water Code. This emergency regulatory action is effective on 5/18/2015 and will expire on 2/13/2016. The Certificate of Compliance for this action is due no later than 2/12/2016. Date: 5/18/2015 Original: Thomas Howard Copy: David Rose HIMAT-76101M.Ww— Senior Attorney For: DEBRA M. CORNEZ Director 11 STATEOFCALIFORNIA-OFFICE OFADMINISTRAT (S, @ uctions on For use by Secretary of. State Only NOTICE PUBLICATION/ 1 erre) 5TD.400(REV.01-2013) O ;= NOTICE FILE NUMBER REGULATORY ACTION NUMBER EMERGENCY NUMBER ENDORSED FILED NSE -:- m For use by Office of Administrative Law (OAL) only in the office of the Secretary of State of the State of California 2015 MAY —6 Fri 4'-� OMU fir 14 R T I'VEA", ° NOTICE REGULATIONS AGENCY WITH RUI E MONGAUTHORPff AGENCY FILE NUMBER01' any) State Water Resources ControlBoard A. PUBLICATION OF NOTICE (Complete for publication in Notice Registers 1. SUBJECT OF NOTICE TITLE(S) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE 3. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) (— Notice re Proposed I 1 Reoutatnry Action 11 Other B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) la: SUBJECT OF REGUtATION(S) 1b. ALL PREVIOUS RELATED DAL REGULATORY ACTION NUMBER(S) Drought Emergency Water Conservation OAL File No. 2014-0718-01-E; 2015-0320-01 EE 2. SPECIFY CALIFORNIA CODE OF REGULATIONS TIT E(S) AND SECTION(S) (Including title 26, if toxics related) SECTION(S) AFFECTED ADOPT 863, 8K 865 per agency (List all section numbers) 1 � Individually, Attach -AMEND additional sheet if needed.) TITLE(S) REPEAL 23 3. TYPE OF FILING Regular Rulemaking (Gov. ❑ Certificate ofCompi(ance: The agency officer named Emergency Readopt (Gov. Changes Without Regulatory Code §11346) below certifies that this agency complied with the o Code, §71346.1 )) 9 n' P (h El Effect (Cal. Code Begs, title Resubmittal of disapproved or provisions of Gov. Code §§11346.2-11347.3 either 1,§100) withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§113493, within the time period required by statute File &Print Print Only 11349.4) Emergency (Gov. Code, Resubmittal ofdisapproved or withdrawn Other (Specify) Emerg. Readopt (Wat. Code 1058-5(c)) LJ §11346.1(b)) emergency filing (Gov. Code, §11346.1) 4. ALL BEGINNING AND ENDING DATES OFAYAILABIUTY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs tide 1,W and Gov. Code 311347.1) S. EFFECTIVE DATE OF CHANGES (Gov.Code, % 11343A 11346,1(d); CeL Code Regs., title 1, §100 11 Effective January 1, April 1, July 1, ori� Effective on filing with j� §100 Changes Without Effective Ocher 1 (Gov. Code §11343.4(a)) Secretary of State L_:1 Regulatory Effect other (Specify) S: CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY F Department of Finance (Form STD. 399) (SAM §6660) El Fair Political Practices Commission State Fire Marshal Other (Specify) 7, CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) E-MAIL ADDRESS (Optional) David Rose 916-341-5196 916-341-51.99 david.rose@waterboardsca.gov 8. i certify that the attached copy of the regulation(s) is a true and correct copy For use by Office of Administrative Law (OAL) only of the regulations) identified on this form, that the information specified on this form is true and correct, and that t am the head of the agency taking this action. �� or a designee of the head of the agency, and am authorized to make this certification. RSEDAPPROVED SIGN AGENCY HEAD OR 0 NEE DATEJ MAY 18 20155. Thomas Howard, Executive Director, State Water Resources Control Board ---f lCl3 of Administrj,� ,BW ADOPTED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water ResourcesControl Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California` Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California' Emergency Services Act based on continued drought conditions; (3) On April 1, 2015, the Governor issued an Executive Order that, in part. idustrial, and institutional users to implement water efficiena measures: prohibit -rigation with potable water of ornamental turf in public street medians: and prohibit delivered by drip or microspraysystems, (34) The drought' conditions that formed the basis of the Governor's emergency proclamations continue to exist; (45) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (56) The drought' conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local` water suppliers will likely be necessary to prevent waste and unreasonable use of water and to further promote conservation. Authority: Section 1058.5, Water Code: References: Article X 'Section 2 California Constitution; Sections 102, 104, -ate 105, and 275, Water Code: Light v. State Water Resources Control Board (2014)`226 Ca1.App.4th 1463. Sec. 864. End -User Requirements in Promotion of Water Conservation. (a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; 13 (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system; (5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; -and (6) The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased -.1 (7) The irrigation with potable water of ornamental turf on public street medians: and established by the California Building Standards Commission and the Department of Housing and Community Development. (b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. (c) Immediately upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to section 865, shall either: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two da s per week, or amount used from those sources for the same months in 2013. (Ed) The taking of any action prohibited in subdivision (a) or the failure to take any action required in subdivisions (b) or c , enra} penalfies, is an infraction; punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal Authority: Section 1058.5, Water Code. References: Article X Section 2 California Constitution-, Sections 102, 104, -and 105, 275 350 and 10617 Water Code, Light v. State Water Resources Control Board (2014) 226 Ca1.App.4th 1463. Sec. 865. Mandatory Actions by Water Suppliers. (a) As used in this section: (1) "Distributor of a public water supply" has the same meaning as under section 350 of the Water Code, except it does not refer to such distributors when they are functioning solely in a wholesale capacity, but does apply to distributors when they are functioning in a retail capacity. (2) "R-GPCD" means residentialalg lons per ca iota per dam (3) "Total potable water production" means all potable water that enters into a water supplier's distribution. system, excluding water placed into storage and not 14 withdrawn for use during the reporting, periodor water exported outsider the supplier's service area. The +ems « » he used tMs ,ie to {-�}.� _�-�- ntTrban water supplier] =wx�rr-iisGu "cr�aar�—.sG��vzriz�x�cia-cv means a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity, (db) In furtherance of the promotion of water conservation each urban water supplier shall: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end -user's exclusive control. (2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report; shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, -the number of days that outdoor irrigation is allowed, and monthly commercial, industrial and institutional sector use. The monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. ; 15 (c)(1)To Prevent the waste and unreasonable use of water and to meet the requirements of the Governor's April 1 2015 Executive Order, each urban water supplier shall reduce its total potable water production by the percentage identified as its conservation standard inthissubdivision. Each urban water supplier's conservation standard considers its service area's relative per capita water usage. (2) Each urban water supplier whose source of supply does not include groundwater or water imported from outside the h dY rolo ig c region in which the water supplier is located, and that has a minimum of four years' reserved supplyavailable may submit to the Executive Director for approval a request that, in lieu of the reduction that would otherwise be required under paragraphs 3 through (10) the urban water supplier shall reduce its total potable water production by 4 percent for each month as compared to the amount used in the same month in 2013. Any such request shall be accompanied by information showing that the supplier's sources of supply do not include groundwater or water imported from outside the hydrologic region and that the supplier has a minimum of four years' reserved supply available. ,(3) Each urban water supplier whose average July -September 2014 R-GPCD was less than 65 shall reduce its total potable water production by 8 percent for each month as compared to the amount used in the same month in 2013: (4) Each urban water supplier whose average July -September 2014 R=GPCD was 65 or more but less than 80 shall reduce its total potable water production by 12 percent for each month as compared to the amount used in the same month in 2013: (5) Each urban water supplier whose average July -September 2014 R-GPCD was 80 or more but less than 95 shall reduce its total potable water Production by 16 Percent for each month as compared to the amount used in the same month` in 2013. (6) Each urban water supplier whose average July -September 2014 R-GPCD was 95 or more butlessthan 110 shall reduce its total potable water production by 20 percent for each month as compared to the amount used in the same month in 2013.' (7) Each urban water supplier whose average July -September 2014' R-GPCD was 110 or more but less than 130 shall reduce its total potable water production by 24 percent for each month as compared to the amount used in the same month in 2013. (8) Each urban water supplier whose average July -September 2014 R-GPCD was 130 or more but less than 170 shall reduce its total potable water production by 28 percent for each month as compared to the amount used in the same month in 2013. (9) Each urban water supplier whose average, July -September 2014 R-GPCD was 170 or more but less than 215 shall reduce its total potable water production by 32 percent for each month as compared to the amount used in the same month in 2013. (10) Each urban water supplier whose average July -September 2014 R-GPCD was 215 or more shall reduce its total potable water production by 36 percent for each month as compared to the amount used in the same month in 2013. (d)(1); Beginning June 1, 2015, each urban water supplier shall comply with the conservation standard specified in subdivision (c). (2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a cumulative basis. (e)(1) Each urban water supplier that provides potable water for commercial agricultural use meeting the definition of Government Code section 51201, subdivision (b), may subtract the amount of water provided for commercial agricultural use from its 16 water provided for commercial agricultural use from its total potable water production shall: (A) Impose reductions determined locally appropriate by the urban water supplier after consideringthe he applicable urban water supplier conservation standard slecified in subdivision (c), for commercial agricultural users meeting the definition of Government Code section 51201, subdivision (b, served by the supplier: (B) Report its total potable water production pursuant to subdivision (b)(2) of this section, the total amount of water supplied for commercial agricultural use, and shall identify the reduction imposed on its commercial agricultural users and each recipient of potable water for commercial agricultural used (C) Certify that the ag icultural uses it serves meet the definition of Government Code section 51201, subdivision (b); and (D) Comply with the Agricultural Water Management Plan requirement of paragraph 12 of the April 1, 2015 Executive Order for all commercial agricultural water served by the supplier that is subtracted from its total potable water production. (2) Submitting M information pursuant to subdivision (e)(1)(B) or C of this (eD(UTo prevent waste and unreasonable use of water and to promote water. conservation, each distributor of a public water supply, as :~Aa ;,, ix�atef-_Gede seeti,,., 358; that is not an urban water supplier shall, , take one or more of the following actions: (4A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (B) Reduce by 25 percent its total potable water production relative to the amount Produced in 2013. (2) Each distributor of a public water supply that is not an urban water supplier shall submit a report by December 15, 2015, on a form provided by the Board, that either confirms compliance with subdivision (f)(1)1A) or identifies total potable water production, by month, from June through November, 2015, and total potable water production, by month, for June through November 2013. Authority: Section 1058.5, Water Code. References: Article X Section 2 California Constitution• Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water Code Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. 17 Sec. 866. Additional Conservation Tools. (a)(1) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standard required by section 865 the Executive Director, or the Executive Director's desimee, may issue conservation orders requiring, additional actions b,, t�pplier to come into compliance with its conservation standard: — Q A decision or order issued under this article by the board or an officer or employee of the board is subject to reconsideration under article 2 (commencing with section 1122)of chapter 4 of part 1 of division 2 of the Water Code. (b) The Executive Director, or his desi egn e, may issue an informational order requiring water suppliers, or commercial, industrial or institutional properties that receive any portion of their supply from a source other than a water supplier subject to section 865, to submit additional information relating to water production, water use or water conservation. The failure to provide the information requested within 30 days or any additional time extension granted is a violation subject to civil liability of up to $500 per day for each day the violation continues pursuant to Water Code section 1846. Authority: Section 1058.5, Water Code. References: Article X Section 2 California Constitution-, Sections 100 102 104 105 174 186 187 275 350 1051 1122 1123 1825 1846 10617 and 10632 Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463. M• CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 (408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 (N ) WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES Page 1 A. APPLICABILITY 1. This schedule applies to all of California Water Service's regulated ratemaking areas in California, as well as Grand Oaks Water. B. GENERAL INFORMATION 5 1. All expenses incurred by utility to implement Rule 14. 1, and Schedule 14. 1, and requirements of the California State Water Resources Control Board ("Water Board") that have not been considered in a General Rate Case or other proceeding shall be accumulated by Cal Water in a separate memorandum account, authorized in Resolution W-4976, for disposition as directed or authorized from time to time by the Commission. 2. All monies collected by Cal Water through waste of water penalties established in this schedule shall be recorded in the appropriate memorandum account and used to offset the expenses described in Section 1 above. 3. All monies collected by Cal Water through drought surcharges, as established by the Mandatory Water Budgets found in Schedule 14. 1, shall be recorded in the appropriate Water Revenue Adjustment Mechanism ("WRAM") account and used to offset under -collected revenues. 4. To the extent that any provision in this Schedule is inconsistent with Rule 14. 1, the provisions of this Schedule apply 5. A customer may request installation of a real-time water measurement device on the customer's service line. The cost of the device, including installation and ongoing operating costs, shall be billed to the customer, and nonpayment may result in discontinuance of service. For the purposes of this Schedule, the following terms have the meanings set forth in this section. (These are the same as in Rule 14. 1, unless otherwise specified.) 1. "Commercial nursery" means the use of land, buildings or structures for the growing and/or storing of flowers, fruit trees, ornamental trees, vegetable plants, shrubs, trees and similar vegetation for the purpose of transplanting, for use as stock or grafting, and includes the retail sale or wholesale distribution of such items directly from the premises/lot. 2. "Drip irrigation system" means a non -spray, low-pressure, and low volume irrigation system utilizing emission devices with a precipitation or flow rate measured in gallons per hour (GPH), designed to slowly apply small volumes of water at or near the root zone of plants or other landscaping. 3. "Flow rate" means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute (GPM), gallons per hour (GPH), inches per hour (IPH), hundred cubic feet (Ccf), or cubic feet per second (CFS). 4. "Flow -restricting device" means valves, orifices, or other devices that reduce the flow of potable water through a service line, which are capable of passing a minimum of 3 Ccf per person, per month, based upon the U.S. Census calculation of the average number of people in a household in the area. 5. "High -efficiency sprinkler systems" means an irrigation system with emission devices, such as sprinkler heads or nozzles, with a precipitation or flow rate no greater than one IPH. 6. "Irrigation" means the application of potable water by artificial means to landscape. 7. "Irrigation system" means the components of a system meant to apply water to an area for the purpose of irrigation, including, but not limited to, piping, fittings, sprinkler heads or nozzles, drip tubing, valves, and control wiring. (N) (continued) (To be inserted by utility] Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL O. TOWNSLEY Date Filed NAME Decision No. - Vice President Effective =E Resolution No. 19 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 (408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 2 C. DEFINITIONS (Continued) 8. "Landscape" means all of the outdoor planting areas, turf areas, and water features at a particular location. 9. "Measureable rainfall" means any amount of precipitation of more than one-tenth of an inch (0.1 ") 10. "Micro spray irrigation system" means a low-pressure, low-volume irrigation system utilizing emission devices that spray, mist, sprinkle, or drip with a precipitation or flow rate measured in GPH, designed to slowly apply small volumes of water to a specific area. 11. "Ornamental landscape" means shrubs, bushes, flowers, ground cover, turf, lawns, and grass planted for the purpose of improving the aesthetic appearance of property, but does not include crops or other agricultural products or special landscape areas. 12. "Plumbing fixture" means a receptacle or device that is connected to a water supply system, including, but not limited to, pipes, toilets, urinals, showerheads, faucets, washing machines, water heaters, tubs, and dishwashers. 13. "Potable water" means water supplied by Cal Water which conforms to the federal and state standards for human consumption. 14. "Properly programmed" means a smart irrigation controller that has been programmed according to the manufacturer's instructions and site-specific conditions. 15. "Real-time water measurement device" means a device or system that provides regularly updated electronic information regarding the customer's water use. 16. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape onto other areas. 17. "Smart irrigation controller" means an automatic device used to remotely control valves that operate an irrigation system that has been tested by an American National Standards Institute accredited third -party certifying body or laboratory in accordance with the Environmental Protection Agency's WaterSense program (or an analogous successor program), and certified by such body or laboratory as meeting the performance and efficiency requirements of such program, or the more stringent performance and efficiency requirements of another similar program. 18. "Special landscape area" means an area of the landscape dedicated solely to edible plants and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. 19. "Turf' means a ground cover surface of grass that can be mowed. 20. "Water feature" means a design element where open, artificially supplied water performs an aesthetic or recreation feature, including, but not limited to, ponds, lakes, waterfalls, fountains, and streams. (N) 21. "Water use evaluation" means an evaluation of the efficiency of indoor water -using devices, including, but not limited to, measurement of flow rates for all existing showerheads, faucets, and toilets, inspection for leaks, and providing written recommendations to improve the efficiency of the indoor water -using fixtures and devices and/or an evaluation of the performance of an irrigation system, including, but not limited to, inspection for leaks, reporting of overspray or runoff, and providing written recommendations to improve the performance of the irrigation system. (N) (continued) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. Vice President Effective nnE Resolution No. %i CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 (408) 367-8200 Canceling Cal. P.U.C. Sheet No. MAIJ101ILIY Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN MANDATORY REDUCTIONS AND DROUGHT SURCHARGES Page 3 D. WASTE OF WATER PENALTIES Each Stage of this Schedule establishes certain restrictions on the use of potable water. Violating the restrictions set forth in a particular Stage while it is in effect is declared a non- essential, wasteful use of potable water. Cal Water is authorized to take the following actions when its personnel verify a customer is using potable water for non-essential, wasteful uses. No person shall have any right or claim in law or in equity, against Cal Water because of, or as a result of, any matter or thing done or threatened to be done pursuant to the restrictions on using potable water for non-essential, wasteful uses. Note: When a Stage in this Schedule has been activated, Section D in this Schedule supersedes Section D (Enforcement) in Rule 14.1. 1. FIRST VIOLATION: Cal Water shall provide the customer with a written notice of violation. In addition, Cal Water is authorized to take the following actions: A. If the customer currently receives service through a metered connection, install a real-time water measurement device on the customer's service line and provide the customer with access to information from the device. The cost of the device, including installation and ongoing operating costs, shall be billed to the customer, and nonpayment may result in discontinuance of service. B. If the customer does not currently receive service through a metered connection, install a water meter on the customer's service line, charge the customer for water use pursuant to Cal Water's metered service tariffs and rules, and install a real-time water measurement device on the customer's service line and provide the customer with access to information from the device. The cost of the device, including installation and ongoing operating costs, shall be billed to the customer, and nonpayment may result in discontinuance of service. 2. SECOND VIOLATION: If Cal Water verifies that the customer has used potable water for non-essential, wasteful uses after having been notified of the first violation, Cal Water shall provide the customer with a second written notice of violation. In addition to the actions prescribed under the first violation above, Cal Water is authorized to take the following actions: A. Apply the following waste of water penalties, which are in addition to any other charges authorized by this Schedule or other Cal Water tariffs. i. If Stage 1 is in effect, $25 (Stage 1 is detailed below in Section E). ii. If Stage 2 is in effect, $50 (Stage 2 is detailed below in Section F). iii. If Stage 3 is in effect, $100 (Stage 3 is detailed below in Section G). iv. If Stage 4 is in effect, $200 (Stage 4 is detailed below in Section H). B. At its sole discretion, waive the waste of water penalty if the customer participates in a water use evaluation provided by Cal Water and/or provides documentation to Cal Water proving that a drip irrigation system, micro spray irrigation system, high -efficiency sprinkler system, or properly programmed smart irrigation controller has been installed, after a notice of violation was delivered, and is in use at the customer's service address. (continued) (N) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. Vice President Effective TIn E Resolution No. 191 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 (408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 ( N ) WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 4 D. WASTE OF WATER PENALTIES (Continued) 3. THIRD VIOLATION: If Cal Water verifies that the customer has used potable water for non- essential, wasteful uses after having been notified of the second violation, Cal Water shall provide the customer with a third written notice of violation. In addition to the actions prescribed under the first and second violations above, Cal Water is authorized to take the following actions: A. Apply the following waste of water penalties, which are in addition to any other charges authorized by this Schedule or other Cal Water tariffs. i. If Stage 1 is in effect, $50 (Stage 1 is detailed below in Section E). ii. If Stage 2 is in effect, $100 (Stage 2 is detailed below in Section F). iii. If Stage 3 is in effect, $200 (Stage 3 is detailed below in Section G). iv. If Stage 4 is in effect, $400 (Stage 4 is detailed below in Section H). B. At its sole discretion, waive the waste of water surcharge if the customer participates in a water use evaluation provided by Cal Water and/or provides documentation to Cal Water proving that a drip irrigation system, micro spray irrigation system, high -efficiency sprinkler system, or properly programmed smart irrigation controller has been installed, after notice of violations have been delivered, and is in use at the customer's service address. 4. FOURTH VIOLATION: If Cal Water verifies that the customer has used potable water for non-essential, wasteful uses after having been notified of the third violation, Cal Water shall provide the customer with a fourth written notice of violation. In addition to actions set forth in previous violations prescribed above, Cal Water is authorized to install a flow -restricting device on the customer's service line. Cal Water shall not be held liable for any injuries, damages, and/or consequences arising from the installation of a flow restricting device. 5. EGREGIOUS VIOLATIONS: Notwithstanding the foregoing framework for penalties, customers who Cal Water has verified are egregiously using potable water for non- essential, wasteful uses are subject to having a flow -restricting device installed on their service line. After providing the customer with one notice of egregious violation, either by direct mail or door hanger, which documents the egregious use of potable water for non-essential, wasteful uses and explains that failure to correct the violation may result in the installation of a flow -restricting device on the customer's service line, Cal Water is authorized to install a flow -restricting device on the customer's service line. Cal Water shall not be held liable for any injuries, damages, and/or consequences arising from the installation of a flow restricting device. 6. NOTICES OF VIOLATION: A. Unless otherwise specified, written notices of violation provided to customers pursuant to this Schedule shall document the verified violation and alert the customer to the fact that future violations of the restricted uses of potable water may result in a real-time water management device being installed on the customer's service line at the customers expense, waste of water surcharges being applied to the customer's bill, the installation of a flow -restricting device on the customer's service line, or the discontinuation of the customer's service. (N) (continued) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. Vice President Effective =E Resolution No. 22 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 (408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 5 D. WASTE OF WATER PENALTIES (Continued) B. If Cal Water elects to install a flow -restricting device on a customer's service line, the written notice of violation shall also explain that a flow -restricting device has or will be installed on the customer's service line, shall document the steps the customer must take in order for the flow -restricting device to be removed, and shall explain that after the flow -restricting device is removed, it may be reinstalled, without further notice, if the customer is again verified by Cal Water to be using potable water for non-essential, wasteful uses. 7. FLOW RESTRICTING DEVICE CONDITIONS: The installation of a flow -restricting device on a customer's service line is subject to the following conditions: A. The device shall be capable of providing the premise with a minimum of 3 Ccf per person, per month, based upon the U.S. Census calculation of the average number of people in a household in the area. B. The device may only be removed by Cal Water, and only after a minimum three-day period has elapsed. C. Any tampering with the device may result in the discontinuation of the customer's water service and the customer being charged for any damage to Cal Water's equipment or facilities and any required service visits. D. After the removal of the device, if Cal Water verifies that the customer is using potable water for non-essential, wasteful uses, Cal Water may install another flow -restricting device without prior notice. This device shall remain in place until water supply conditions warrant its removal. If, despite the installation of the device, Cal Water verifies that the customer is using potable water for non-essential and, unauthorized wasteful uses, then Cal Water may discontinue the customer's water service, as provided in its Rule No. 11. 8. FLOW -RESTRICTING DEVICE REMOVAL CHARGES: The charge to customers for removal of a flow -restricting device installed pursuant to this Schedule is $100 during normal business hours, and $150 for the device to be removed outside of normal business hours. E. STAGE ONE WATER USE RESTRICTIONS 1. WASTEFUL USES OF WATER The following restrictions may be imposed by Cal Water, except where necessary to address an immediate health or safety need, or to comply with a term or condition in a permit issued by a state or federal agency: A. Outdoor Irrigation Restrictions (Stage 1) i. Irrigating ornamental landscapes with potable water is limited to no more than three (3) days per week, on a schedule established and posted by Cal Water on its website or otherwise provided to customers by bill message, bill insert, direct mail, or email, or as follows: (continued) ( N ) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. - Vice President Effective TITLE Resolution No. 23 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 ;408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 6 E. STAGE ONE WATER USE RESTRICTIONS (Continued) 1. Customers with even -numbered addresses may irrigate on Saturdays, Tuesdays, and Thursdays. 2. Customers with odd -numbered addresses may irrigate on Sundays, Wednesdays, and Fridays. 3. Customers without a street address may irrigate on Saturdays, Tuesdays, and Thursdays. 4. Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the customer who wishes to irrigate a special landscape area or commercial nursery presents Cal Water with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions. 5. Notwithstanding the foregoing restrictions, when a city, county, or other local public agency in one of Cal Water's service areas duly adopts restrictions on the number of days or hours of the day that customers may irrigate that are different than those adopted by Cal Water, Cal Water may enforce the city, county, or other local public agency's restrictions. II. Irrigating ornamental landscape with potable water is prohibited during the hours between 8:00 a.m. and 6:00 p.m. III. The foregoing restrictions do not apply to: 1. Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system; 2. Irrigating ornamental landscapes with the use of a hand-held bucket or similar container, with a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system. B. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the customer's plumbing fixtures and/or irrigation system must be repaired within five (5) business days of written notification by Cal Water, unless other arrangements are made with Cal Water. C. Prohibited Uses of Water: Customers are prohibited from using potable water for the following actions: i. The application of potable water to landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; (continued) ( N ) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. - Vice President Effective TITLE Resolution No. 24 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 ;408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 7 E. STAGE ONE WATER USE RESTRICTIONS (Continued) The use of a hose that dispenses potable water to wash vehicles, including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use. iii. The application of potable water to driveways and sidewalks; iv. The use of potable water in a water feature, except where the water is part of a recirculating system; v. The application of potable water to outdoor landscapes during and within forty-eight (48) hours after measurable rainfall (see Definitions); vi. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased; vii. Irrigation of ornamental landscape on public street medians with potable water; viii. Irrigation outside of newly constructed homes and buildings with potable water unless the potable water is delivered by a drip irrigation systems and/or micro spray irrigation system. D. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guest room using clear and easily understood language. E. Limits on Filling Single -Family Residential Swimming Pools and Spas: Re -filling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited, except to maintain required operating levels of existing pools and spas or as a result of completing structural repairs to the swimming pool or outdoor spa. F. Limits on Filling Ornamental Lakes or Ponds: Filling or re -filling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the implementation of any staged mandatory restrictions of water use as described in this Schedule. G. Other duly adopted restrictions on the use of potable water as prescribed from time to time by the Commission or other authorized government agencies are incorporated herein by reference. F. STAGE TWO WATER USE RESTRICTIONS 1. MANDATORY WATER BUDGETS AND BANKING (STAGE 2) Water budgets will be based on a customer's consumption during a historical base period and will include a percentage reduction designed to meet necessary water -use reductions. Cal Water may include provisions such as minimum water budgets for residential metered service to protect the health and safety of customers, and water banking allowing customers additional flexibility with regard to their required reductions. (continued) ( N ) (N) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. - Vice President Effective TITLE Resolution No. 25 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 (408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 8 F. STAGE TWO WATER USE RESTRICTIONS (Continued) In addition to the normal rate paid for the unit of water, a drought surcharge will be charged to a customer for each unit of water used over the established water budget for the billing period. See Appendix A: Details on minimum water budgets, as well as the drought surcharges that will be applied for exceeding a water budget, are provided in Appendix A. Cal Water retains the right to increase the surcharges if there are changes to the rates in the future. Cal Water will establish an appeals process for customers that will allow for requests for increased water budgets. 2. WASTEFUL USES OF WATER (STAGE 2) Cal Water may continue to impose the restrictions on the wasteful use of water as outlined in Stage One, except where necessary to address an immediate health or safety need or to comply with a term or condition in a permit issued by a state or federal agency. G. STAGE THREE WATER USE RESTRICTIONS MANDATORY WATER BUDGETS AND BANKING (STAGE 3) Water budgets will be based on a customer's consumption during a historical base period and will include a percentage reduction designed to meet necessary water -use reductions. Cal Water may include provisions such as minimum water budgets to protect the health and safety of customers, and water banking allowing customers additional flexibility with regard to their required reductions. In addition to the normal rate paid for the unit of water, a drought surcharge will be charged to a customer for each unit of water used over the established water budget for the billing period. Cal Water may implement surcharges up to three (3) times those charged in Stage 2. Cal Water will establish an appeals process for customers that will allow for requests for increased water budgets. 2. WASTEFUL USES OF WATER (STAGE 3) The following restrictions may be imposed by Cal Water, except where necessary to address an immediate health or safety need or to comply with a term or condition in a permit issued by a state or federal agency. Differences from or additions to previous Stages are underlined. (The following restrictions are the same as those provided in Stage 3 of Rule 14. 1.) a. Outdoor Irrigation Restrictions (Stage 3) i. Irrigating ornamental landscapes with potable water is limited to no more than two (2) days per week, on a schedule established and posted by Cal Water on its website or otherwise provided to customers by bill message, bill insert, direct mail, or email, or as follows: 1. Customers with even -numbered addresses may irrigate on Saturdays and Tuesdays (previous Stages allowed Thursdays as well). 2. Customers with odd -numbered addresses may irrigate on Sundays and Wednesdays (previous Stages allowed Fridays as well). 3. Customers without a street address may irrigate on Saturdays and Tuesdays (previous Stages allowed Thursdays as well). (continued) ( N ) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. Vice President Effective TITLE Resolution No. 26 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 ;408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 9 G. STAGE THREE WATER USE RESTRICTIONS (Continued) 4. Notwithstanding the foregoing restrictions, irrigation of special landscape areas or commercial nurseries may occur as needed, provided that the customer who wishes tc irrigate a special landscape area or commercial nursery presents Cal Water with a plan to achieve water use reductions commensurate with those that would be achieved by complying with foregoing restrictions. 5. Notwithstanding the foregoing restrictions, when a city, county, or other local public agency in one of Cal Water's service areas duly adopts restrictions on the number of days or hours of the day that customers may irrigate which are different than those adopted by Cal Water, Cal Water may enforce the city, county, or other local public agency's restrictions. ii. Irrigating ornamental landscape with potable water is prohibited during the hours between 8:00 a.m. and 6:00 p.m. iii. The foregoing restrictions do not apply to: 1. Landscape irrigation zones that exclusively use drip irrigation systems and/or micro spray irrigation system; 2. Irrigating ornamental landscapes with the use of a hand-held bucket or similar container, a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored, or for the express purpose of adjusting or repairing an irrigation system. b. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the customer's plumbing fixtures and/or irrigation system must be repaired within two (2) business days of written notification by Cal Water, unless other arrangements are made with Cal Water. c. Prohibited Uses of Water: Customers are prohibited from using potable water for the following actions: i. The application of potable water to landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures (note: this provision appears under Section E in Rule 14.1); ii. The use of a hose that dispenses potable water to wash vehicles, including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use (note: this provision appears under Section E in Rule 14.1). iii. The application of potable water to driveways and sidewalks; iv. The use of potable water in a water feature, except where the water is part of a recirculating system: v. The application of potable water to outdoor landscapes during and within forty-eight (48) hours after measurable rainfall; vi. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased; vii. Irrigation of ornamental landscape on public street medians with potable water; (continued) ( N ) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. Vice President Effective =E Resolution No. 27 CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 ;408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 10 G. STAGE THREE WATER USE RESTRICTIONS (Continued) viii. Irrigation outside of newly constructed homes and buildings with potable water unless the potable water is delivered by a drip irrigation systems and/or micro spray irrigation system; ix. Use of potable water for street cleaning with trucks, except for initial wash -down for construction Purposes (if street sweeping is not feasible); X. Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses unless no other source of water or other method can be used. d. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guest room using clear and easily understood language. e. Limits on Filling Residential Swimming Pools and Spas: Re -filling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited (previous Stages allowed certain exceptions). f. Limits on Filling Ornamental Lakes or Ponds: Filling or re -filling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the implementation of any staged mandatory restrictions of water use as described in this Schedule. g. Other duly adopted restrictions on the use of potable water as prescribed from time to time by the Commission or other authorized government agencies are incorporated herein by reference. H. STAGE FOUR WATER USE RESTRICTIONS 1. MANDATORY WATER BUDGETS AND BANKING (STAGE 4) Water budgets will be based on a customer's consumption during a historical base period and will include a percentage reduction designed to meet necessary water -use reductions. Cal Water may include provisions such as minimum water budgets to protect the health and safety of customers, and water banking allowing customers additional flexibility with regard to their required reductions. In addition to the normal rate paid for the unit of water, a drought surcharge will be charged to a customer for each unit of water used over the established water budget for the billing period. For Stage 4, Cal Water may implement surcharges up to three (3) times those charged in Stage 2. Cal Water may require customer consumption reductions of up to 50%. Cal Water will establish an appeals process for customers that will allow for requests for increased water budgets. 2. WASTEFUL USES OF WATER (STAGE 4) The following restrictions may be imposed by Cal Water, except where necessary to address an immediate health or safety need or to comply with a term or condition in a permit issued by a state or federal agency. Differences from or additions to previous Stages are underlined. (The following restrictions are the same as those provided in Stage 4 of Rule 14. 1.) (continued) ( N ) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. - Vice President Effective TITLE Resolution No. • CALIFORNIA WATER SERVICE COMPANY Revised Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 ;408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 11 G. STAGE FOUR WATER USE RESTRICTIONS (Continued) A. Irrigating ornamental landscape with potable water is prohibited, except when a hand-held bucket or a similar container, or a continuously monitored hose which is fitted with an automatic shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or monitored is used to maintain vegetation, including; trees and shrubs. B. Obligation to Fix Leaks, Breaks or Malfunctions: All leaks, breaks, or other malfunctions in the customer's plumbing fixtures or irrigation system must be repaired within one (1) business day of written notification by Cal Water, unless other arrangements are made with Cal Water. C. Prohibited Uses of Water: Customers are prohibited from using potable water for the following actions: i. The application of potable water to landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; ii. The use of a hose that dispenses potable water to wash vehicles, including cars, trucks, buses, boats, aircraft, and trailers, whether motorized or not, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use. iii. The application of potable water to driveways and sidewalks; iv. The use of potable water in a water feature, except where the water is part of a recirculating system; v. The application of potable water to outdoor landscapes during and within forty-eight (48) hours after measurable rainfall; vi. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased; Note that items previously identified as (ix and (x) in Stage 3 have been eliminated. vii. Use of potable water for street cleaning with trucks (previous Stage allowed certain exceptions); viii. Use of potable water for construction purposes, such as consolidation of backfill, dust control, or other uses (previous Stage allowed certain exceptions). d. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guest room using clear and easily understood language. e. Limits on Filling Residential Swimming Pools and Spas: Re -filling and initial filling of single-family residential swimming pools or outdoor spas with potable water is prohibited. f. Limits on Filling Ornamental Lakes or Ponds: Filling or re -filling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the implementation of any staged mandatory restrictions of water use as described in this Schedule. g. Other duly adopted restrictions on the use of potable water as prescribed from time to time by the Commission or other authorized government agencies are incorporated herein by reference. (continued) (N) (N) (To be inserted by utility) Issued by (To be inserted by Cal. P.U.C.) Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. Vice President Effective TITLE Resolution No. 29 CALIFORNIA WATER SERVICE COMPANY New Cal. P.U.C. Sheet No. 1720 North First Street, San Jose, CA 95112 (408) 367-8200 Canceling Cal. P.U.C. Sheet No. Schedule No. 14.1 WATER SHORTAGE CONTINGENCY PLAN WITH STAGED MANDATORY REDUCTIONS AND DROUGHT SURCHARGES (continued) Page 12 APPENDIX A Stage 2 - Drought Surcharges for Exceeding Water Budget, and Minimum Water Budgets District Tariff Area Drought Surcharge Non -LIRA Customers (a) Drought Surcharge LIRA Customers (b) Minimum Water Budget (Ccf) (c) Rate Support Fund (RSF) Areas Antelope Valley Fremont Valley & Lake Hughes Lancaster Leona Valley $4.5200 $7.1180 $4.5200 $2.2600 $3.5590 $2.2600 5 5 5 RSF Area RSF Area Bakersfield $4.1868 $2.0934 7 Bayshore Mid -Peninsula South San Frrancisco $10.0000 $5.6492 $5.0000 $2.8246 6 6 Bear Gulch $10.0000 $5.0000 6 Chico $3.1314 $1.5657 6 Dixon $7.9402 $3.9701 7 Dominguez $6.9934 $3.4967 7 East Los Angeles $3.7605 $1.8803 9 Grand Oaks $2.1236 $1.0618 5 Hermosa Redondo $9.1586 $4.5793 5 Kern River Valley $4.5200 $2.2600 4 RSF Area King City $6.7536 $3.3768 9 Livermore $7.6194 $3.8097 6 Los Altos $8.1608 $4.0804 6 Marysville $5.1470 $2.5735 6 Oroville $6.1840 $3.0920 6 Palos Verdes $9.5358 $4.7679 6 Redwood Valley $4.5200 $2.2600 4 RSF Area Salinas $5.7776 $2.8888 7 Selma $3.0122 $1.5061 8 Stockton $5.5506 $2.7753 7 Visalia $2.9796 $1.4898 7 Westlake $9.2378 $4.6189 6 Willows 1 1 $4.1356 1 $2.0678 1 6 (a) - The Drought Surcharge is equal to two (2) times the highest residential tier rate with a $10.00 maximum EXCEPT for: The Drought Surcharge in Rate Support Fund (RSF) areas is equal to $4.52. The Drought Surcharge for districts with a 10% or less water reduction requirement is equal to the highest residential tier rate. (b) - The Drought Surcharge for LIRA customers is 50% of the Drought Surcharge for Non -LIRA customers. (c) - The Minimum Water Budget is set at 55 gpcd (gallons per capita per day) multiplied by the people per household for the area in the U.S. Census. (N) (N) (To be inserted by utility) Issued by (To be inserted by Cat. P.U.C. Advice Letter No. 2166 PAUL G. TOWNSLEY Date Filed NAME Decision No. Vice President Effective TITLE Resolution No. 30 P��FOR,y�9 CALIFORNIA WATER SERVICE v Rancho Dominguez District 2632 West 237th Street, Torrance, CA 90505 ire$ $s`' Tel: (310) 257-1400 May 7, 2015 Carolynn Petru Deputy City Manager, City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Ms. Petru, As you know, California is in the midst of a historic drought. On April 30, 2015, the State reported that the Sierra Nevada's snowpack has a water content of only half of an inch, or about 3% of normal for this time of year. In response to the drought conditions, Governor Brown declared a Continued State of Emergency on April 1, 2015 and issued an Executive Order mandating that the State Water Resources Control Board (Board) adopt regulations to achieve, by February 2016, a 25% reduction in statewide potable, urban water use as compared to 2013. Pursuant to the Governor's Executive Order, late in the evening on May 5, 2015, the Board unanimously adopted regulations that require water utilities across California to achieve mandatory reductions in water use and establish various statewide prohibited uses of water. The Board's regulations will now be reviewed by the Office of Administrative Law, which has 10 days to approve or deny them. If they are approved, the regulations will become effective immediately and remain in effect for 270 days. Prior to the adoption of the regulations, Felicia Marcus, the Chair of the Board, said that this "is the drought of the century, with greater impact than anything our parents or grandparents experienced." She continued by stating that we "have to face the reality that this drought may continue and prepare as if that's the case." Implementing a robust plan to comply with the Board's mandates is not voluntary or optional. Not only is there a need to ensure water is being used wisely given the historic drought facing California, but also because the Board has the authority to levy fines of up to $10,000 per day for non-compliance. In response to the Governor's Executive Order and in anticipation of the Board adopting mandatory water use reductions, California Water Service (Cal Water) submitted for consideration its Schedule 14.1— Water Shortage Contingency Plan with Staged Mandatory Reductions and Drought Surcharges (Plan) to the California Public Utilities Commission (Commission) on April 28, 2015. We expect a decision from the Commission by May 28, 2015 and that the Plan will become effective on June 1, 2015. Quality. Service. Value. calwater.com LP`,` i ORk�9 CALIFORNIA WATER SERVICE 9r�R sE�, The plan consists of four separate components, broken into four escalating Stages. First, each Stage of the plan establishes certain prohibited uses of water. Cal Water has requested that the Commission allow it to move directly into Stage 2 of the Plan. In Stage 2, the following uses of potable water are prohibited: • Using potable water to wash sidewalks and driveways • Allowing runoff when irrigating with potable water • Using hoses with no shutoff nozzles to wash cars • Using potable water in decorative water features that do not recirculate the water • Irrigating outdoors during and within 48 hours following measureable rainfall • Restaurants from serving water to their customers unless the customer requests it • Irrigation with potable water of ornamental turf on public street medians • Irrigation with potable water outside of newly constructed homes and buildings not in accordance with emergency regulations or other requirements established in the California Building Standards • Using potable water to fill or refill swimming pools, spas, and other water features In addition, hotels and motels must offer their guests the option to not have their linens and towels laundered daily, and prominently display this option in each guest room. Second, each Stage of the Plan establishes restrictions on outdoor irrigation. In Stage 2, irrigating ornamental landscapes with potable water is limited to no more than three days per week, using a staggered schedule based on a customer's address. in addition, irrigating ornamental landscapes with potable water may not occur between the hours of 8:00 a.m. and 6:00 p.m. We are aware that some jurisdictions have already established restrictions on outdoor irrigation that may not be consistent with the schedule in the Plan. As such, the Plan provides us with the flexibility to alter the schedule in particular communities to ensure residents are receiving a consistent message. Third, each Stage of the plan establishes waste of water penalties that can be imposed upon customers who violate the prohibited uses of water or outdoor irrigation restrictions. The penalties begin with a warning and culminate in the discontinuation of a customer's water service. Finally, beginning in Stage 2 of the Plan, water budgets will be established for our customers. The water budgets will be customer -specific and based on the amount of water they used in the same month in 2013. For example, if a customer used 25 units of water (18,700 gallons) in July 2013 and the water use reduction mandated by the Board was 24% for the service area, the customer's water budget would be 19 units of water (14,212 gallons) in July 2015. Customers Quality. Service. Value. calwatencom CALIFORNIA WATER SERVICE w £�rFR SEIL�`t� that exceed their water budget in a given month will receive a drought surcharge on their water bill. In Stage 2 of the Plan, the per-unit surcharge will be two-times the highest per-unit quantity charge the Commission has approved for the service area. Our overarching goal is to implement a customer -first approach to responding to the drought and the Board's regulations. To that end, we will be implementing an appeals process under which customers may request an increase to their monthly water budget. In addition, there will be minimum water budgets beyond which we will not ask customers to reduce their usage below. We are also going to be proactively reaching out to our customers with the highest usage to help them find ways to conserve. In order to help our customers understand the severity of the drought, the mandates from the Board, and our plan to comply with the Board's regulations, we will be holding a public meeting on May 13, 2015 at 6:00 p.m. The meeting will take place at California Water Service Rancho Dominguez office, which is located at 2632 West 237th Street, Torrance, CA 90505. Please feel free to join us for this event. If you have any questions about the drought or our Plan, please do not hesitate to get in touch with me at (310) 257-1425. Further, we are very interested in identifying any ways that Cal Water may be able to collaborate with you and your staff in responding to this unprecedented drought. To that end, we have prepared a draft conservation ordinance that matches the restrictions established in our Plan. Should you be interested in pursuing adoption of such a measure to help ensure that a consistent message is being conveyed to residents, please let us know as we would be happy to assist. After all, we are in this together. Respectfully, Daniel Trejo District Manager -- Acting California Water Service Rancho Dominguez District 310-257-1425 Quality. Service. Value. calwater.com 5/21/2015 Drought meeting draws over 420 - Palos Verdes Peninsula News: Peninsula Newspaper - News Drought meeting draws over 420 By Megan Barnes megan.barnes@langnews.com @meg_barnes on Twitter I Posted: Thursday, May 21, 2015 8:50 am So many Palos Verdes residents gathered at California Water Service Co.'s customer center in Torrance last Wednesday, May 13, that extra seating spilled out of a large tent into the parking lot. The crowd of over 420 people homeowners, city officials, business owners and even golf course representatives were there because they had received notices informing them that starting June 1, they must cut their water usage by 36 percent or face new surcharges. The sudden cutbacks are part of a strategy to meet unprecedented mandatory statewide water restrictions and for Cal Water to avoid steep fines of up to $10,000 a day per system if it doesn't meet its target by the end of February 2016. "Honestly, I think everybody at Cal Water wishes that we had more time," Deputy Media Relations Manager Justin Skarb said at the second of three meetings planned for Cal Water's 309,200 South Bay customers. "This is not Cal Water saying, `Hey, we want all of our customers to start complying with this in a few -week time frame.' This is really coming from the State Water Resources Control Board." Skarb told the crowd that, starting next month, customers will be given individually calculated monthly water budgets based on their usage during the same month in 2013. Peninsulas — the biggest water consumers in the South Bay have the highest target for restrictions. Customers who go over budget will see a surcharge of $9.54 twice the highest quantity rate tier — for every hundred cubic feet, or 748 gallons, they exceed. After Cal Water's presentation, members of the audience lined up with questions about how to make the cuts on such short notice. RPV resident Sharon Yarber asked if Cal Water offers homeowners rebates for installing water recycling systems to use greywater for landscaping. "Are any efforts being made to help people recycle?" she said. "I could recycle lots of water from my washing machine and my dishwasher." Skarb replied that Cal Water does not offer rebates for recycling, but that the company is looking into ways to encourage such systems. Rolling Hills resident Stephanie Brandmeyer expressed concerns about fire hazards in the `rustic, http://www.pvnews.com/news/drought-m eeti ng-draws-over/arti cl e_18d6dae2-ffd 1-11 e4-8ea1-df96ae6d575b.htm l?mode= print 34 1/3 5/21/2015 Drought meeting draws over 420 - Palos Verdes Peninsula News : Peninsula Newspaper - News gated community. "Personally, we don't water for a lush, green lawn, we just water to make it fire -safe," she said. "We don't want to lose our house over this." One woman questioned whether the restrictions will result in rake hikes. "I don't want to have another bill or another letter a year from now saying, well everybody's conserved and revenue has dropped, we all know nothing is free," she said. Another said she had no idea what the breakdown of water use is on her property. "How are we really supposed to figure that out?" she asked. Skarb said Cal Water will offer customers individual reports detailing their water use in coming months, but, in the meantime, the company offers a free program that sends a consultant to homes to evaluate where people can cut back. He also mentioned a forthcoming turf replacement rebate program. Other members of the audience who were out of the country for a month or had torn out their grass lawns before 2013 wondered if they would still be subject to the cutbacks. "In 2013 and the beginning of 2014, we were in a remodel, so our water usage was nil," said Frances Arregoces of RPV. "What do I do before June 1 to appeal that?" The answers to many of their questions seemed to lie in Cal Water's appeals process, but, so far, the company has offered little about what that will be like. Yvonne Kingman, Cal Water's corporate communications manager, said the details are still being worked out, but customers will be able to submit forms to appeal their water budgets for three reasons: The water use is necessary for health and safety, it would impact business or economic needs, or significant cutbacks were made before 2013. Certain medical facilities, such as hospitals, will not be subject to water restrictions. She said appeals will be considered by committees on a case-by-case basis, and that the process will be detailed in a mailer to residents before the appeals process is officially set up by June 1. The company is scrambling to prepare for the new regulations, hiring 20 new conservation coordinators and seven customer service representatives for a new call center, something Skarb likened to setting up a new business in two months. It has also been setting up meetings with staff members in the four cities about ways to reach targets, something that water supplier West Basin Municipal Water District has also been doing. Last summer, the average PV household used 255 gallons of water per capita a day. Skarb told residents that water saved under budget will go to a "bank" balance that can be applied to hftp://www.pvnews.com/news/drought-meeting-draws-over/article_18d6dae2-ffd1-11e4-8ea1-df96ae6d575b.htmI?mode=print 35 2/3 5/21/2015 Drought meeting draws over 420 - Palos Verdes Peninsula News: Peninsula Newspaper - News future months, like rollover minutes, and that customers will be able to appeal their new water restrictions. He also reviewed first-ever fines that can be issued for water waste, like hosing down sidewalks and driveways, using potable water in fountains that don't have recirculation systems and not fixing leaks within five days of discovery. "We don't want to be out there penalizing people," Skarb said. Customers also won't be allowed to use sprinkler systems more than three days a week between 8 a.m. and 6 p.m., and they won't be able to refill their pools with a clean change of water unless it's due to a structural repair or to maintain normal operating levels. Penalties for ignoring warnings and failing to take action through participating in one of Cal Water's conservation programs range from a $50 surcharge to $100, installing water flow restrictors and, in a worst-case scenario, cutting off water service altogether. Skarb said enforcers most likely will give verbal warnings first, but for instances of blatant and intentional water waste, they can go straight for the flow restrictors. All of the company's new billing and citation plans will go before the California Public Utilities Commission for approval May 28 and each customer's water budget will be available online by June 1. http://www. pvnews.com/news/drought-meeting-draws-over/article_18d6dae2-ffd1-11e4-8ea1-df96ae6d575b.html?mode=print 36 3/3