On Tuesday, May 5, 2015, the State Water Resources Control Board (“Water Board”) adopted Emergency Regulations (“Emergency Regulations”) to implement Executive Order B-29-15 (“Executive Order”).  The Executive Order mandates a 25% reduction of potable urban water use as compared to 2013 use through February 2016.  The Emergency Regulations are the Water Board’s final step in the expedited rulemaking procedure that began on April 1, 2015, when the Governor issued the Executive Order.

The Emergency Regulations that were adopted are the same that were released as the Proposed Emergency Regulations on April 28, 2015.  This article provides the highlights of the provisions that are included in the Emergency Regulations, which are discussed more thoroughly in the updates that we released throughout the rulemaking process.

Urban Water Suppliers

Under the Emergency Regulations, urban water suppliers are assigned to one of nine tiers based on their residential per capita water use for July through September, 2014.  The conservation requirements under these tiers range from 4% to 36% reduction in use, as compared to potable water use from the same month in 2013.  Urban water suppliers must start complying with these requirements starting on June 1, 2015, and submit monthly reports regarding their water use on the 15th of each month starting on July 15, 2015.

Small Water Suppliers

Small water suppliers, which are defined as suppliers serving fewer than 3,000 connections, must limit outdoor irrigation with portable water to no more than two days per week or reduce potable water consumption by 25%.  To demonstrate their compliance with one of these requirements, small water suppliers must submit a report to the Water Board on December 15, 2015, detailing their water use and conservation from June 1, 2015.

Self-supplied Commercial, Industrial, and Institutional Users

Commercial, industrial, and institutional users not served by either an urban water supplier or a small water supplier must limit their outdoor irrigation to two days per week or achieve a 25% reduction in potable water use.  Under the Executive Order, the focus of this prohibition is large landscape water users such as “campuses, golf courses, and cemeteries.” The Emergency Regulations do not limit requirements to the uses identified in the Executive Order.  Enforcement of this provision will have to be watched closely, as users who rely solely on groundwater could be regulated despite groundwater being outside the Water Board’s jurisdiction.

End-User Requirements

The Emergency Regulations establish two requirements on all Californians in addition to the already existing restrictions that were put in place in 2014.  The two new requirements prohibit irrigating ornamental turf on public street medians and irrigating with potable water outside of newly constructed homes and buildings in a different manner than those established by the Building Standards Commission.

Enforcement Tools

The Water Board may issue informational orders, conservation orders, and cease and desist orders to enforce the provisions of the Emergency Regulations.  Failure to provide the information requested through an informational order may be subject to a penalty of up to $500 per day for each day of violation.

The Emergency Regulations will now be reviewed by the Office of Administrative Law.  Provided the Office of Administrative Law approves the Emergency Regulations, the requirements discussed above will go into effect on June 1, 2015.  With the severity of the drought, the state will continue to take action to address the situation, and implementation of the Emergency Regulations will be one of the next steps. We will continue to keep you updated on the drought and the state’s response to the drought generally as it continues to evolve.  If you have any questions regarding the Emergency Regulations, please contact Barbara Brenner at barbara@whitebrennerllp.com.