The month of January was incredibly busy in the water world.
Read on for details about the hottest issues we’re tracking for our members who are in the water and wastewater services arena…
State Wastewater Arrearages Program Scheduled to Begin in February 2022
The State Water Resources Control Board’s (SWRCB) drinking water arrearages program is coming to a close. Final funding allocations were scheduled to be complete by January 31, 2022 with the amount funded under this program totaling approximately $350 million. Since this is far less than the $985 million allocated to the overall arrearages program for both water and wastewater, the wastewater arrearages program will now take effect.
On January 19, the SWRCB adopted guidelines for the wastewater arrearages program. Unlike the drinking water arrearages program, the SWRCB did not conduct a survey of wastewater treatment providers to assess financial need of systems that have experienced arrearages. However, the Board anticipates that the overall need, which would include an additional three percent for systems’ administrative costs, will be less than the available funding of approximately $600 million. Thus, all impacted and eligible systems should be able to fully recover their arrearage losses.
The wastewater arrearage application period portal will be open for two months until April 1. Staff will review applications as they are received, with disbursements beginning in March. For more information, see this fact sheet and visit the program page here.
Water Shutoff Moratorium Expired December 31, 2021 – Now What?
Now that the state’s moratorium on water shutoffs has expired, the SWRCB has clarified how systems should proceed with shutoffs. Specifically, the law states that community water systems cannot discontinue water service due to nonpayment of past-due bills before either of the following dates, whichever date is later (Health & Saf. Code, § 116773.4, subd. (e)(2).):
- December 31, 2021
- For a customer that has been offered an opportunity to participate in a payment plan, the date the customer misses the enrollment deadline for, or defaults on, the payment plan. Note that all community water systems are required to notify customers of the opportunity to enter into a payment plan and that they have at least 30 days from the date of the notice to enroll in the payment plan. A community water system may not discontinue water service to a customer that remains current on a payment plan.
All community water systems, regardless of size or whether participating in the SWRCB arrearage program or not, must adhere to the Water Shutoff Protection Act (Health & Saf. Code, § 116900 et. seq.) notice and shutoff rules for discontinuing residential service due to arrearages accrued.
Questions ? Contact dfa-communitywatersystemscovidrelief@waterboards.ca.gov.
Water Conservation Emergency Regulations Now in Place
As of January 18, 2022, new SWRCB restrictions intended to curb wasteful water use practices due to the ongoing severe statewide drought became effective. These will remain in place for one year, unless the SWRCB acts to end, modify, or readopt them. The restrictions include provisions relating to irrigating turf on street medians using potable water, decorative fountains, and runoff. Full text of the resolution and the new regulations can be found here: https://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/2022/rs2022_0002.pdf
In addition to the SWRCB having the ability to enforce these provisions, local agencies also have the ability to do so at their discretion. Local agency enforcement is not required. Per the text of the resolution authorizing the restrictions, “local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.”
Visit the SWRCB’s program page here for more information about this issue.
Water Loss Standard Comment Period Now Open – Public Workshop February 10
SWRCB has opened the public comment period concerning the proposed water loss control regulation for urban retail water suppliers, as mandated under SB 555 (2015).
SWRCB is required to develop and adopt performance standards for water loss for urban retail water suppliers, while considering lifecycle cost accounting. Now several years into this process, the formal 45-day rulemaking process for the proposed regulation will close on February 11, 2022. Water suppliers that wish to comment on the proposal now have the opportunity to do so in multiple ways, including at a formal (virtual) SWRCB workshop on 2/10/22. Additional details about the rulemaking comment process, the February hearing, plus an overview of the regulation, can be found here. Read CSDA’s Advocacy News post for additional information and resources here.
SAFER Drinking Water Needs Assessment Workshop February 2
The State Water Board is implementing the Safe and Affordable Funding for Equity and Resilience (SAFER) Drinking Water Program to address communities that lack safe, affordable drinking water. The program conducts an annual needs assessment to determine those projects to prioritize for funding assistance. On Feb. 2, the SWRCB will host a virtual workshop to provide an opportunity for stakeholders to learn about and contribute to the proposed changes to the 2022 Drinking Water Needs Assessment. Further details and workshop registration can be found here.