City Council Meeting: November 25, 2008

Agenda Item: 1-C

To: Mayor and City Council

From: Dean Kubani, Director - Office of Sustainability and the Environment

Subject: Proposal to Amend the State Water Code

Recommended Action

Staff recommends that staff work with its Sacramento lobbyist, government agencies, non-governmental organizations, and other interested parties to amend the state’s water code to include more Aggressive Strategies for Local Water Self-sufficiency and Sustainability

Executive Summary

The City continues to promote water efficiency and conservation through its Sustainable City Plan, its 20% water use reduction goal by 2010, and various water-saving incentive programs. The City has achieved outstanding savings in indoor water efficiency. However exterior water saving efforts, such as rainwater harvesting and stormwater use, dry weather runoff reuse for landscapes and even interior uses, have been hampered by a lack of legal authority in the State water code.

The California water code contains definitions and technical reuse guidance for recycled and graywater resources for non-potable uses, but is silent on the use and reuse of rain water and dry weather runoff. Staff recommends that Santa Monica take the lead on a process to amend the State water code to establish a legal and technical framework that will promote the use and reuse of rainwater and runoff to replace more valuable potable water for appropriate non-potable uses, such as landscape irrigation, toilet flushing and laundry. This action will involve existing staff time but will otherwise have no budgetary impact.

Background

Since the early 1990s, the City has implemented a Sustainable City Plan (SCP) to promote sustainable uses of natural resources, including water. SCP implementation involves the promotion and installation of interior water efficiency devices, such as toilets, showerheads, aerators, and washing machines, with over 50,000 such devices installed. The City has also expanded interior efficiency programs for hotels and motels, restaurants, and medical and health-care related facilities. The SCP goal for water is to achieve a 20% reduction in water use from the 2000 level by 2010, a reduction of approximately 250,000 gallons per day. To date the City has achieved a 2% reduction, largely due to these programs which address interior water use. This reduction has been tempered by an increase of thousands of residents, housing units and jobs since year 2000. However, staff feels the benefits from these interior incentives programs have plateaued and that meeting the 20% reduction goal will require an aggressive program to reduce exterior water use in the community.

The City is highly dependent on imported water – the third most dependent of Metropolitan Water District’s member agencies. Although MWD has a diverse supply of water resources, severe drought conditions in California combined with permanent water reductions from the State Water Project may result in MWD being unable meet demand in 2009.   MWD may implement reduced water allotments to its members for at least one year starting in July 2009.  To cushion residents and businesses from possible water supply disruptions, the City needs to direct more effort toward other sustainable water management strategies.

Depending upon land use, approximately 40-75% of total water use in Santa Monica is used for landscaping. The City is currently implementing some new water efficiency efforts to address this: competitive water efficiency landscape grant program, parkway landscape policy, and the new green building landscape ordinance. These programs and policies will slowly lead to future savings over decades as people replace traditional inefficient sprinkler systems and turf with water efficient landscapes.

Discussion

Currently untapped local water supplies that could help reduce potable water use include rain water and dry weather urban runoff. If the City were to harvest all rain water that falls within its boundaries, in an average year, approximately 35% of its water needs would be satisfied locally. This would reduce by the same amount the purchase of imported potable water from distant watersheds while surpassing the City’s 20% water use reduction goal. However, the State water code only defines recycled and gray water resources as acceptable supplies for reuse. Recycled water is narrowly defined as wastewater put through high levels of treatment and disinfection, and used for landscape spray irrigation. Gray water comes from bathroom sinks, washing machines, showers, and tubs, and currently can only be used with sub-surface irrigation systems. While gray water is a permitted water supply in the City, the regulatory system is complicated, discouraging, and not economical or user-friendly. No definitions or guidelines for rain water, storm water, and dry weather runoff are found in the code, which would allow for their practical use and reuse, and transparent regulatory management.

The void in the State water code is resulting in annual water resources being wasted at a time when such waste is unacceptable. The present regulatory system discourages the use of these other water resources, and in some ways puts up impediments to such use; the code is not promoting sustainability. By updating the State water code to include the use of all available water resources in safe and efficient interior and exterior systems, the public will have more options for using all local water resources. The City is the perfect entity to lead this effort, as it has in the past for water efficient toilets and urban runoff management, by introducing legislation to update the water code to promote sustainable uses of other non-potable water resources.

Financial Impacts & Budget Actions

There are no immediate budget actions required for the approval of the recommended action. However, should the need arise to address additional costs or savings, staff will incorporate the changes in the subsequent Proposed Budget or report back to Council in another report.

Prepared by:

Neal Shapiro, Sr. Admin Analyst

Approved:	Forwarded to Council:
Dean Kubani Director - Office of Sustainability & the Environment Reviewed by: Jack Leonard Lee Swain	P. Lamont Ewell City Manager