Urban Water Institute, Inc.22nd Annual Water Conference
August 28,2015
Busted by the State for Drinking Too Much:Enforcement of Emergency Conservation Regulations
Paul D. Jones II, P.E.General ManagerEastern Municipal Water District
Busted by the State for Drinking Too Much:Enforcement of the Emergency Conservation Regulations
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Christian M. Carrigan Director, Office of EnforcementState Water Resources Control
Busted by the State for Drinking Too Much:Enforcement of the Emergency Conservation Regulations
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Gregory J. NewmarkPrincipal, Meyers NaveChair, Drought Response Team
Busted by the State for Drinking Too Much:Enforcement of the Emergency Conservation Regulations
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Water Conservation Tiers
Average July-Sept
2014 R-GPCD
Reduce total potable water productionby __% for each month compared to amount used in same month in 2013
<65 8%
≥65 but <80 12%
≥80 but <95 16%
≥95 but <110 20%
≥110 but <130 24%
≥130 but <170 28%
≥170 but <215 32%
≥215 36%
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Paul D. Jones II, P.E.General ManagerEastern Municipal Water District
August 28,2015
Busted by the State for drinking too much: Enforcement of the Emergency Conservation regulations
www.emwd.org 6
• Established in 1950• Five publicly-elected board members• One of 26 MWD member agencies• 555 square miles
– Cities served: Moreno Valley, Perris, Menifee, Murrieta, Temecula, Hemet, San Jacinto
• Population: 785,000 (34% of Riverside County)
• Full service agency, serving: – Water / wastewater / recycled– Wholesale and retail
• Water: 142,000 connections• Wastewater: 237,000 connections• High growth / very low precipitation
area (~10 in/yr. avg.)
Overview of EMWD
EMWD CUSTOMER BASE: POTABLE WATER SERVICE CONNECTIONS
Residential 95%
Commercial, Industrial & Institutional
2%
Landscape/Agricultural 2%
Wholesale 1%
www.emwd.org 7
EMWD Water Supply Portfolio
Local Supply Initiatives
18 active wells (adjudicated and managed basin) and two potable water filtration plants
o Production capacity: 34 million gallons per day (MGD)
Two brackish groundwater desalters that produce 8 MGD
Four regional reclamation facilities producing 45 MGD of recycled water
In both FY 2014 and FY 2015, 100% of tertiary wastewater was recycled for
beneficial reuse
www.emwd.org 8
Imported Water Supply from MWD:
76,897 AF51%
• State Water Project – 3%
• Colorado River (untreated and treated)- 48%
Local Water Supply:
74,884 AF49%
• Recycled Water • Groundwater Wells • Desalination
FY 2015
EMWD Rate Structure Implemented in 2009
www.emwd.org 9
• Creates an “Allocation” or “Water Budget” for each customer account based upon reasonable indoor and outdoor needs and efficient use.
• Uses Economic Incentives: Water is priced to customer lower for use within allocation – much higher for use over allocation.
Indoor Usage BudgetPersons x 60 GPD
Tier 1: $1.793($779/AF)
Price/CCF
Outdoor Usage BudgetIrrigated Area x ET Factor x
Conservation Factor
Tier 2: $3.280($1,428/AF)
Wasteful UseMore than 50% over budget
Tier 4: $10.755($4,682/AF)
Excessive UseUp to 50% over budget
Tier 3: $5.879($2,561/AF)
Ove
r A
lloca
tion
With
in A
lloca
tion
Water Shortage Contingency Plan
Stage Date Approved
Description Actions
Stage 1 April 2011 Supply Watch Voluntary reduction up to 10%
Stage 2 April 2014 Supply Alert Voluntary reduction up to 25%
Stage 3 August 2014 (3a)
Mandatory Waste Reduction
3a: No variance adjustments; observation based penalties3b: Tier 3 budgets decreased by 50%3c: Tier 3 budgets decreased by 100%
Stage 4 May 2015(4a)
Mandatory Outdoor Reduction
Watering schedules limited (1-2 days/week)4a: Tier 2 budgets decreased by 10%4b: Tier 2 budgets decreased by up to 50%4c: Tier 2 budgets decreased by up to 100%
Stage 5 Mandatory Indoor Reductions
Catastrophic stage (50% reduction in demand)5a: Tier 1 budgets decreased by 10%5b: Tier 1 budgets decreased by up to 30%5c: Tier 1 budgets decreased by up to 50%
After implementation of Stage 3a and associated outreach, EMWD saw Tier 3 “excessive” and Tier 4 “wasteful” sales and number of customers in these tiers dramatically decline. For July 2015 billing, 7% of customers were in Tier 4 while 93% of customers stayed in budget.
EMWD Uses its Rate Structure to Progressively Move through its Water Shortage Contingency Plan:
www.emwd.org 10
SWRCB Regulatory Framework
• Local Water Agencies Commented on Deficiencies in the Regulatory Framework– No credit is provided to agencies who
achieved conservation prior to 2013.
– The GPCD data is not adjusted for climate or housing density.
– The base year/months are arbitrary and penalize warmer inland areas.
– No credit is provided for local drought-proof supplies including desalination and recycled water, or shifts off SWP.
State Board did not adopt the water industry’s call for framework
revisions
Local agencies worked together to provide a
more credible quantitative model that
still achieves a 25% statewide savings.
www.emwd.org 11
Required Potable Water Use Reductions
Riverside County Agencies
www.emwd.org 12
Local Impacts of SWRCB Regulation
Water Supplier Tier Standard Jul – Sept 2014 R-GPCD
Eastern MWD 7 28% 130.7City of Riverside 7 28% 135.3Rubidoux CSD 7 28% 158.0Western – Retail 8 32% 189.2City of Corona 8 32% 194.3Jurupa CSD 8 32% 198.6EVMWD 8 32% 205.8Lee Lake WD 8 32% 208.1City of Norco 9 36% 224.3Rancho California 9 36% 349.1Coachella Valley WD 9 36% 475.1Desert Water Agency 9 36% 416.0
www.emwd.org 13
EMWD Response to SWRCB Regulations
Stage 4: Mandatory Outdoor Reduction•Enforcement through Tiered Rates
o Tier 3 allocation is eliminated – Tier 4 rate for all over-allocation usage.
o Tier 2 (outdoor) allocation reduced by 10 percent
o Changes immediate, appeared on bills dated after July 1, 2015
o Customers within their reduced water budgets will see no financial impacts
Simple Message to Our
Customers: Reduce outdoor irrigation use by
50 percent
EMWD is mandated to reduce water usage by 28 percent. In response EMWD moved to Stage 4 of its
Water Shortage Contingency Plan.
www.emwd.org 14
Example of Customer Impact
www.emwd.org 15
Conservation Outreach and Education Programs
Annual Budget: Over $3 millionMessage pathways include:o Mailers, door hangers, phone calls, radio, television, newspaper, local
program advertisements, community events, e-mail, website, programs in schools, business partnerships, billboards and community banners, bill messages, social media, water-wise landscape signage, fleet vehicle magnets and theater slides
Over 2,500 hours per month dedicated to Conservation Education and Outreach
18 full-time staff members dedicated at least half-time: o In addition, for FY 2015-16, added 2 permanent full-time employees
and 10 temporary full-time employees o Most materials available in Spanish; 15 customer service
representatives and 4 conservation staff members speak Spanish
www.emwd.org 16
Customer Outreach
“Let’s Get Serious About the Drought”
Customer Resources and Outreacho Newsletters/factsheets/Cable TV
slides/Telephone and lobby messagingo Letters to customers in current Tiers 4,3, and
higher-use Tier 2 (11,800 recipients)
o Bill estimators and bill messageso Social media / e-mail (eBlasts to 35,000
email subscribers) o June results letter to customers (138,000 recip.)
Community Events:o EMWD has presented at 58 community events
since April 1, to a combined audience of more than 4,800 people
www.emwd.org 17
Water Waste Enforcement
Enforcement Staff:o 3 FTEs (120 hours/week)
Monthly Enforcement Budget: $55,000
Reporting Mechanismso Phone: Water Waste Hotline
951-928-3777 ext. 3306
o Email: [email protected]
o Website: www.emwd.org/
o Mobile Application: EMWD Water Waste Reporter
Conservation parkway patrolling on highways – Cited 20 locations/services
www.emwd.org 18
Fining Structure:•One warning letter is issued•A second violation results in fines:
– $50 for residential customers– $200 for commercial customers
•EMWD staff must witness violation in order to issue a fine•Offering mandatory EMWD training classes in-lieu of paying fines:
– “Traffic school” approach– Customers with financial hardship
Progress Toward State Mandated Conservation Standards – Inland Empire Water Suppliers
www.emwd.org 19
Agency TierConservation Standard
June 2015
Actual DifferenceRancho California WD 9 36% 14% -22%
Coachella Valley WD 9 36% 21% -15%
Western MWD (Retail) 8 32% 17% -15%
Elsinore Valley MWD 7 28% 14% -14%
Rubidoux CSD 7 28% 14% -14%
EASTERN MWD 7 28% 15% -13%
City of Norco 9 36% 28% -8%
City of Corona 7 28% 21% -7%
City of Riverside 7 28% 22% -6%
Lee Lake WD 8 32% 32% -1%
Jurupa CSD 7 28% 30% 2%
Desert Water Agency 9 36% 40% 4%
Lake Hemet WD 7 28% 35% 7%
1st Month of Reporting under new Conservation Standards: June 2015
SWRCB Information Order
• On July 29, EMWD was notified it “missed its target conservation requirement by a significant margin” and would be receiving a Notice of Violation under separate cover.
• The State Board invited EMWD to meet to “provide compliance assistance and help the District avoid future enforcement actions”.
• List of 16 questions was provided for EMWD to address.
• Meeting occurred August 6, 2015.• Subsequent Conservation Order not
issued based upon progress.
www.emwd.org 20
EMWD Progress: May – July 2015
www.emwd.org 21
Record breaking temperatures - June 2015 was the hottest June on record
Prior Conservation Not Considered When Establishing Restrictions
www.emwd.org 22
Going Forward – Emergency Regulations
What have we learned?•Agencies and areas in the State with minimum pre-2013 conservation initiatives perfromed incredibly well.
•Initial Emergency Regulation framework concerns should be correlated with compliance metrics to determine adjustments.
•Emergency regulations beyond February of 2015 should be more sophisticated and incorporate these verified adjustments:
o Pre-2013 and 2013-2015 conservation results and demand hardening.
o Past “drought proof” investments (recycling, desalination, etc.) and demand shifting.
o Weather normalization (climate) and variations in land use density.
•Enforcement should continue to be flexible and recognize “good faith” efforts and the limited complexity of the existing regulations.
www.emwd.org 23
Contact Information
EASTERN MUNICIPAL WATER DISTRICT
Paul D. Jones II, P.E.General Manager(951) [email protected]
www.emwd.org 24
Christian M. Carrigan Director, Office of EnforcementState Water Resources Control
Busted by the State for Drinking Too Much:Enforcement of the Emergency Conservation Regulations
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Enforcement of the Emergency Conservation Regulations
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Water Supplier Conservation ComplianceJune 2015
266
16
70
53
Compliance Priority
Enforcement of the Emergency Conservation Regulations
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Water Supplier Conservation ComplianceJuly 2015
290
449
59
Compliance Priority
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Water Supplier Conservation ComplianceJune-July 2015
16 4
7049 53 59
266290
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Priority Description Number of Suppliers Details
1 More than 15% from meeting standard 15 •Each priority 1 supplier received a Notice of Violation and Informational Order and met with State Water Board staff to assess the circumstances preventing the supplier from achieving their conservation standard. Some of the 15 suppliers will receive Conservation Orders. Additional details will be available soon. Sample Notice of Violation•Sample Informational Order•Sample Conservation Order Actions
2 5% - 15%from meeting standard
69 •Each priority 2 supplier was sent a Notice of Violation and Informational Order on 8/7/15. Priority 2 suppliers have until 8/19/15 to provide information on water production, water use, and water conservation efforts. Sample Notice of Violation•Sample Informational Order
3 1% - 5%from meeting standard
55 •Warning letters were sent to priority 3 suppliers on 8/11/15. Sample Warning Letter
0 Met or within 1% of meeting standard 273 The State Water Board congratulates the 273 suppliers that met, or were within one percent of meeting, their conservation standard.
Enforcement of the Emergency Conservation Regulations
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Sample Information Orders1. Describe any and all actions approved by your governing board since
April 1, 2015, to increase conservation.
2. Does your agency have conservation programs that specifically target the following customer classes? (Residential – Single Family, Residential – Multi-Family, Commercial, Industrial, Institutional)
3. Does your agency have an active leak detection and repair program?
4. Does your agency run conservation outreach and education programs?
5. Does your agency run any conservation programs jointly with other entities?
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Sample Information Orders6. Does your agency run any appliance rebate programs?
7. Does your agency run any water efficient landscape programs?
8. Does your agency have personnel dedicated to water waste enforcement?
9. Which type of rate structure does your agency use for residential customers?
10. Has your agency instituted any type of drought rate or pricing since June 1, 2014?
Enforcement of the Emergency Conservation Regulations
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Sample Information Orders11. What rates and pricing mechanisms are used to incent conservation by
non-residential customers?
12. When was the last time your agency modified its rate structure?
13. What is your agency’s billing frequency?
14. Provide a complete copy of your agency’s rate/tariff
15. Provide a complete copy of your agency’s conservation ordinance/rules
16. Are all your residents on water meters?
Enforcement of the Emergency Conservation Regulations
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Sample Conservation Order Actions(tailored to local needs and conditions)
(A) Limit outdoor irrigation to no more than two days per week, before [time] or after [time] for all customers;
(B) Identify and contact the top 100 water users, by volume, regarding opportunities to reduce water use by [date];
(C) Conduct [x] audits of CII (commercial, industrial, institutional) customers per month for the next [x] months. CII audits must include recommendations for water conservation actions and provide a timeline for implementing audit recommendations;
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Sample Conservation Order Actions(D) Increase education and outreach on [specific topic] including, but not limited to the following:
i) Develop and send out a mailer on [specific topic] by [date]; ii) Make [x] phone calls per month for the next [x] months to educate customers on [specific topic]; and iii) Add [specific topic] information to [water supplier] website and bills by [date].
(E) Increase the number of dedicated conservation personnel hours by [x] hours per week;
(F) Investigate potential partnership opportunities (rebates, low-flow fixtures, etc.) with [energy company(s)] by [date];
(G) Investigate the possibility of a drought surcharge by [date]
Christian M. Carrigan Director, Office of EnforcementState Water Resources Control
(916) 342-5889
Enforcement of the Emergency Conservation Regulations
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Does close equal compliance?
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Question?
Gregory J. NewmarkPrincipal, Meyers NaveChair, Drought Response Team
213.626.2906 [email protected]
Enforcement of the Emergency Conservation Regulations
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