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The Water Conservation Act of 2009 - U5 Process Water Regulations

The Final Statement of Reasons of the Process Water Exclusion Regulation, pursuant to Administrative Procedures Act Government Code Section 11346.9, was approved by the Office of Administrative Law on 7-8-2011.

Regulation on Industrial Process Water
The Department of Water Resources (DWR) submitted a Certificate of Compliance, following the Emergency rulemaking file #2010-1207-01 E, regarding the local water purveyors' deduction of Industrial Process Water from their gross water calculation, to the Office of Administrative Law (OAL) on February 22, 2011. This proposed regulation was approved by the California Water Commission at their February 16, 2011 meeting. This regulation was published in the California Regulatory Notice Register on March 4, 2011.

Attached you will find:

Written Comment Period February 23, 2011 - April 18, 2011
Any interested person may have submitted written comments relevant to the proposed regulatory action.

To View All Comments Received to Date, CLICK HERE.

Public Hearings
The Department also held two public hearings. These hearing were held in accordance with the requirements set forth in Government Code section 11346.8.

April 13, 2011
9:00am to 12:00pm
Hearing Room
Bonderson Building
901 P Street
Sacramento, CA 95814

April 19, 2011
April 18, 2011 postponed
9:00am to 12:00pm
Room 1-102
Metropolitan Water District
700 North Alameda Street
Los Angeles, CA 90012

Emergency Regulation on Industrial Process Water
Emergency Regulation in Effect

Go directly to:

U5 PROCESS WATER REGULATIONS PROJECT DESCRIPTION
From the SB X7-7 Legislation Section 10608.20 (i) (1) and (2)
(i) (1) The department shall adopt regulations for implementation of the provisions relating to process water in accordance with subdivision (l) of Section 10608.12*, subdivision (e) of Section 10608.24**, and subdivision (d) of Section 10608.26***.

(2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1# and 11349.6# of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1# of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1# of Government Code.

* Definitions
(l) "process water" means water used for producing a product or product content or water used for research and development, including, but not limited to, continuous manufacturing processes, water used for testing and maintaining equipment used in producing a product of product content, and water used in combined heat and power facilities used in producing a product or product content. Process water does not mean incidental water uses not related to the production of a product or product content, including, but no limited to, water used from restrooms, landscaping, air conditioning, heating, kitchens, and laundry.

** 10608.24 (e) When developing the urban water use target pursuant to Section 10608.20, an urban retail water supplier that has a substantial percentage of industrial water use in its service are, may exclude process water from the calculation of gross water use to avoid a disproportionate burden on another customer sector.

*** 10608.26 (d) (1) Any ordinance or resolution adopted by an urban retail water supplier after the effective date of this section shall not require existing customers as of the effective date of this section, to undertake changes in product formulation, operations, or equipment that would reduce process water use, but may provide technical assistance and financial incentives to those customer to implement efficiency measures for process water. This section shall not limit an ordinance or resolution adopted pursuant to a declaration of drought emergency by an urban retail water supplier.

(2) This part shall not be construed or enforced so as to interfere with the requirements of Chapter 4 (commencing with Section 113980) to Chapter 13 (commencing with Section 114380), inclusive, of Part 7 of Division 104 of the Health and Safety Code, or any requirement or standard for the protection of public health, public safety, or worker safety established by federal, state, or local government or recommended by recognized standard setting organizations or trade associations.

# Statutes on Emergency Regulations found in California Rulemaking Law.

U5 Timeline
Remote Access and Webinar Availability
Date Event/Task Details & Materials
April 15, 2010 Urban Stakeholder Committee Meeting #1 Meeting Details and Materials
May 18, 2010 Urban Stakeholder Committee Meeting #2 Meeting Details and Materials
June 22, 2010 Urban Stakeholder Committee Meeting #3 Meeting Details and Materials
July 7, 2010 U5 Workgroup Meeting #1 Meeting Details and Materials
July 28, 2010 Urban Stakeholder Committee Meeting #4 Meeting Details and Materials
August 3, 2010 U5 Workgroup Meeting #2 Meeting Details and Materials
August 24, 2010 U5 Workgroup Meeting #3 Meeting Details and Materials
August 26, 2010 Urban Stakeholder Committee Meeting #5 Meeting Details and Materials
September 16, 2010 U5 Workgroup Meeting #4 Meeting Details and Materials
September 21, 2010 Urban Stakeholder Committee Meeting #6 Meeting postponed to the week of October 11th
September 27, 2010 U5 Process Water Workgroup Meeting Details and Materials
October 12, 2010 U5 Process Water Workgroup WEBINAR ONLY Meeting Details and Materials
December 2010 Public Review Process  
November 9, 2010 California Water Commission Meeting Details and Materials
November 15, 2010
Urban Stakeholder Committee Meeting #7
  
December 7, 2010 Proposed Emergency Regulation Submitted to OAL Proposed Emergency Regulation
December 17, 2010 Emergency Regulation in Effect Details and Materials
January 2011 Submit Proposed Permanent Regulation to OAL  
May 2011 DWR Adopts Regulation  

U5 DOCUMENTS