(a) An urban retail water supplier may seek approval of a variance to its real water loss standard if needed to respond to unexpected adverse conditions out of the system's control or where a supplier's real water loss standard has been set according to section 982(b)(1). Examples of adverse conditions out of the system's control include major damage to the system's distribution system or storage infrastructure, major unexpected changes in avoided water costs, and major changes in the system's financial situation (for example, bankruptcy or substantial loss of revenue). Drought shall not generally support a variance pursuant to this section.(b) Any request for a variance for adverse conditions shall include a description and assessment of impacts from the identified adverse condition, a clearly identified need for the revision, a proposed schedule, or milestones, for return to the usual real water loss standard, and documentation supporting the request.(c) Any request for a variance based on a real water loss standard being set according to section 982(b)(1) shall include a description of water loss control activities during the baseline period, the costs of water loss control activities during the baseline period, and an evaluation of the monetary value of water saved by those water loss control activities. To be approved, the request must demonstrate that the water loss control activities during the baseline period were not cost-effective long term.(d) A variance for adverse conditions shall be in the form of an extension of the compliance period. Notwithstanding section 981(c), a supplier with an approved variance based on subdivision (c) of this section shall maintain, for each compliance assessment, real loss that is no greater than 10 gallons per connection per day above the supplier's average baseline real loss.(e) An urban retail water supplier may seek approval of a variance to its apparent loss standard if increases from the average baseline apparent loss level are attributable to improvements in data validity. A variance may be approved after finding that for two consecutive years the supplier's validated annual audits show data entries have improved to a data grading value of 6 or higher for the following audit data entries: (1) customer metering inaccuracies; or(2) all entries under the heading "water supplied":(A) volume from own sources;(B) master meter and supply error adjustment;(C) water imported (when more than 5% of total water supplied); and(D) water exported (when more than 5% of total water supplied).(f) The variance for apparent loss standards shall be in the form of an adjustment of the apparent loss standard identified in section 981(d).(g) The executive director, or the executive director's designee, shall provide prompt decisions on requests for variances.Cal. Code Regs. Tit. 23, § 985
1. New section filed 2-6-2023; operative 4-1-2023 (Register 2023, No. 6). Note: Authority cited: Sections 1058 and 10608.34, Water Code. Reference: Article X, Section 2, California Constitution; Section 116275, Health and Safety Code; Sections 102, 104, 105, 350, 516, 1846, 10608.12 and 10608.34, Water Code.
1. New section filed 2-6-2023; operative 4/1/2023 (Register 2023, No. 6).