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HomeMy WebLinkAbout597-26 Amending Admin Code Section 3.4 Water Shortage and Drought Response StandardsORDINANCE NO.597-26 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTION 3.4 REGARDING THE WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS. Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION I - POLICY AND PURPOSE The purpose of this Ordinance is to conserve water resources, minimize cost to the District and expense to its customers, and follow California State water conservation regulations. SECTION II — DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as follows: A. The District — The South Tahoe Public Utility District. B. The Board — The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code — The compilation and codification of all of the Administrative, Water and Sewer Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. D. Bill - is the notice or statement provided to customers, which reflects charges for water, sewer, and special services provided. E. CII Water Use - water used by commercial water users, industrial water users, and institutional water users. F. Commercial Water User - a water user that provides or distributes a product or service. G. Institutional Water User - a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions. H. Irri ate ion System - a network of piping designed to distribute water on or towards plant life to promote growth. I. Water — Potable - shall mean any water, which, according to recognized standards, is safe for human consumption. 24087166.1 SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. In 2023, Assembly Bill 1572 (AB 1572) passed prohibiting the use of potable water to irrigate nonfunctional turf located on commercial, industrial, and institutional properties (CII). The legislation will replace a temporary nonfunctional turf irrigation ban enacted during the last drought and will be phased in beginning Jan. 1, 2027. 2. AB 1572 requires public water systems to revise their regulations, ordinances, or policies to include the requirements of AB 1572. The District aims to pass its ordinance to allow customers the maximum amount of time to prepare. 3. Enforcement of AB 1572 is required to be handled at the local level by water agencies. The District will be responsible for ensuring compliance within its jurisdiction and, if required, will utilize the enforcement outlined in Section 3.4 Water Shortage and Drought Response Standards. 4. Beyond the prohibition, the law actively promotes and encourages the transition to "climate -appropriate landscaping." This refers to the cultivation of plants that are naturally suited to California's and and semi -arid climate, such as native drought -tolerant species. Such landscaping significantly reduces water demand and often requires less maintenance, contributing to long-term sustainability. SECTION IV — WATER SHORTAGE AND DROUGHT RESPONSE STANDARDS Administrative Code Section 3.4.3 shall be amended as follows: 3.4.3 Stage 1 - Normal Conditions. During a Stage 1 - normal conditions, Water Users shall not waste water and shall abide by the following. a) Water Users shall not allow water to flow over the ground surface or from sprinklers onto impervious surfaces or adjacent property. b) Water Users shall repair all leaks in plumbing and irrigation systems. c) Hoses shall not be used for washing motor vehicles without an automatic shut- off nozzle attached to the hose. Continuous discharge from hose nozzle is prohibited. Notwithstanding any provision in this Section to the contrary, motor vehicles washing may be done at any time, subject to any other applicable laws, on the property of a Commercial Car Wash or service station. Further, such washing is exempted from these regulations where the health, safety and welfare of the public is dependent upon frequent vehicle cleanings, such as garbage trucks and vehicles which transport food. 24087166.1 d) All Water Users are encouraged to report to the District all signs or indications of water leaks or water waste. e) The irrigation of non -landscaped, natural vegetation or undeveloped property is expressly prohibited. f) Designated irrigation days are established: Properties with street addresses ending with an even number shall irrigate on Monday, Wednesday and Friday; and properties with street addresses ending with an odd number shall irrigate on Sunday, Tuesday and Thursday. There will be no irrigation permitted on Saturday. An individual irrigation zone in a property's irrigation system shall not irrigate more than one hour per day. 1) Operation of irrigation systems shall be discontinued and properly winterized by November 1 st every year or earlier depending on temperatures. 2) Operation of irrigation system shall: (1) not occur between the hours of 10:00 AM and 6:00 PM, (2) not occur while it is raining or snowing and 48-hours after measurable precipitation, and (3) Not occur where the air temperature is less than 40 degrees Fahrenheit. g) Irrigation utilizing a hand-held hose with an automatic shut-off shall be exempt from designated irrigation days. h) An exemption shall exist only under Stage 1 for new lawns and ornamental vegetation planted to comply with the Tahoe Regional Planning Agency's Best Management Practices (BMPs) or, for any other reason, as follows: 1) Newly planted sod will be exempt for twenty-one (21) days from the date it was installed. 2) Seeded lawns, whether by hydroseed or other means, will be exempt for thirty (30) days from the date of application. 3) Bedding plants, including annuals and perennials, will be exempt for fifteen (15) days from the date of planting. 4) Vegetable gardens consisting of at least 75% edible plants shall be exempt from designated irrigation days, with irrigation exclusively utilizing drip or other low flow systems. The property owner, or his/her designee, must notify the District verbally or in writing to obtain exemptions for the establishment of new vegetation as outlined above. A property may be approved for up to two exemptions per calendar year. i) The General Manager may permit extended periods of irrigation of public facilities if: 24087166.1 1) a hand-held hose with an automatic shut-off is used, or 2) a hand-held, faucet filled bucket of five (5) gallons or less is used, or 3) a drip or low -flow irrigation system is used, or 4) daytime use of public facilities prevents irrigation of all zones on the designated days listed above. j) Water shall not be used to wash sidewalks, driveways, parking areas, tennis courts, decks, patios or other improved areas, except in conjunction with driveway repair and sealing, or to alleviate immediate fire or sanitation hazards. k) All commercial establishments where food or beverages are provided -should encourage the serving of water to their customers only when specifically requested by the customer. 1) All residential and commercial landscaping associated with new construction or new or rehabilitated landscaping at existing properties shall conform with the requirements of the Model Water Efficient Landscape Ordinance, per California Code of Regulations, Title 23, Division 2, Chapter 2.7 or applicable local ordinances superseding the State ordinance. m) The use of water in decorative water features that do not recirculate the water is prohibited. n) If a voluntary or mandatory evacuation is required for fire, the continuous use of running irrigation is expressly prohibited. o) Other restrictions may apply as mandated by regulatory requirements and may supersede this section. p) The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners' associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates: 1) All properties owned by the Department of General Services, beginning January 1, 2027. 2) All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027. 3) All other institutional properties and all commercial and industrial properties, beginning January 1, 2028. 4) All common areas of properties of homeowners' associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029. 5) All properties owned by local governments, local public agencies, and 24087166.1 public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate - appropriate landscapes, whichever is later. q) Notwithstanding subdivision (p), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need. r) The board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline in subdivision (p) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the Board by property owners. SECTION VII — ADD AND UPDATE DEFINITIONS OF ADMINISTRATIVE CODE The following definitions shall be added alphabetically to Section 1 of the Administrative Code and the affected existing provisions shall be renumbered accordingly: "Common area" means that portion of a common interest development or of a property owned or managed by a homeowners' association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property. "Common interest development" means any of the following: (a) A community apartment project. (b) A condominium project. (c) A planned development. (d) A stock cooperative. "Community service organization or similar entity" means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public. "Community service organization or similar entity" does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance. "Community space" means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings. "Disadvantaged community" means a community with an annual median household income that is less than 80 percent of the statewide annual median household income. 24087166.1 "Functional turf' means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf. "Recreational use area" means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal. SECTION VIII — SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VIIII — EFFECTIVE DATE This Ordinance amending the above referenced section of the Administrative Code shall take effect thirty days after its passage. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 2nd day of April, 2026, by the following vote: AYES: Romsos, Sheehan, Exline NOES: ABSENT: Haven, Henderson Shane Romsos, Board President South Tahoe Public Utility District ATTEST: S--Lt Shannon Chandler Assistant Clerk of the Board South Tahoe Public Utility District 24081156.1