*Red font in the legislation and regulation indicates changes from previous reporting

CALIFORNIA – Proposed modified rule notice affecting water conservation 

Regulation ID: CA28318

Issue: State Water Resources Board proposed rule: Water Conservation & Wasteful Water Use

Affects: All in the pool & spa industry

Send comments to: Jennifer Hatfield, jhatfield@apsp.org 

Rule Summary: The Board approved, partially repealed emergency rules and proposed permanent rules addressing water conservation requirements. The emergency rules were in response to an Executive Order B-29-15 released by Governor Brown in April 2015. The Executive Order was established to address the severe drought conditions that California has addressed for several years. The emergency rules under consideration will implement mandatory water reductions in cities and towns across California to reduce potable urban water usage by 25 percent statewide. The emergency rules issue the following requirements: (1) require commercial, industrial, and institutional users to implement water efficiency measures; (2) prohibit irrigation with potable water of ornamental turf in public street medians; (3) prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; and (4) establish mandatory actions for water suppliers. The Board has proposed permanent rules addressing wasteful water use. The proposal will permanently prohibit certain wasteful water uses that were adopted under the emergency rule.  The rule will prohibit Californians from doing the following: (1) apply 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 structure; (2) use a hose that dispenses 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) apply potable water directly to driveways and sidewalks; (4) use potable water in an ornamental fountain or other decorative water feature, except where the water is part of a recirculating system; and (5) apply water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one−tenth of one inch of rain.

Status: Staff have released notice of a modified rule for a 15-day comment period. Comments are due 2/14/2018 on the modifications only. The rule is scheduled to be considered for adoption at the 2/20/2018 Board hearing. Once the final rulemaking is completed, it will be filed OAL for final review. 

Notice of the 15-day comment period:

https://www.waterboards.ca.gov/water_issues/programs/conservation_portal/regs/docs/15day_notice_013118.pdf

Notice of the proposed rule: (pdf pg 4)

https://oal.ca.gov/wp-content/uploads/sites/28/2017/11/45z-2017.pdf