California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 1 - Industrial Process Water Exclusion in the Calculation of Gross Water Use › Section 596.1 - Applicability and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Sections 596.2 through
				  596.5 describe criteria and
				  methods whereby an urban retail water supplier may deduct process water use
				  when calculating their gross water use in developing their urban water use
				  targets.
(b) The terms used in this
				  article are defined in this subdivision.
(1)
				  "commercial water user" means a water user that provides or distributes a
				  product or service. Examples include commercial businesses and retail stores,
				  office buildings, restaurants, hotels and motels, laundries, food stores, and
				  car washes.
(2) "disadvantaged
				  community" means a community with an annual median household income that is
				  less than 80 percent of the statewide annual median household income.
(3) "distribution system" means a water
				  conveyance system that delivers water to a residential, commercial, or
				  industrial customer and for public uses such as fire safety where the source of
				  water is either raw or potable water.
(4) "drought emergency" means a water
				  shortage emergency condition that exists when there would be insufficient water
				  for human consumption, sanitation and fire protection, as set forth in
				  California Water Code Section
				  350-
				  359 and
				  Government Code Section
				  8550-
				  8551.
(5) "gross water use" means the total volume
				  of water, whether treated or untreated, entering the distribution system of an
				  urban retail water supplier, excluding all of the following:
(A) Recycled water that is delivered within
				  the service area of an urban retail water supplier or its urban wholesale water
				  supplier
(B) The net volume of
				  water that the urban retail water supplier places into long-term
				  storage
(C) The volume of water the
				  urban retail water supplier conveys for use by another urban water
				  supplier
(D) The volume of water
				  delivered for agricultural use, except as otherwise provided in subdivision (f)
				  of Section
				  10608.24 of the
				  Water Code.
(6)
				  "incidental water use" means water that is used by industry for purposes not
				  related to producing a product or product content or research and development.
				  This includes incidental cooling, air conditioning, heating, landscape
				  irrigation, sanitation, bathrooms, cleaning, food preparation, kitchens, or
				  other water uses not related to the manufacturing of a product or research and
				  development.
(7) "industrial water
				  user" means a manufacturer or processor of materials as defined by the North
				  American Industry Classification System (NAICS) code sectors 31 to 33,
				  inclusive, or an entity that is a water user primarily engaged in research and
				  development. An industrial water user is primarily involved in product
				  manufacturing and processing activities and research and development of
				  products, such as those related to chemicals, food, beverage bottling, paper
				  and allied products, steel, electronics and computers, metal finishing,
				  petroleum refining, and transportation equipment. Data centers dedicated to
				  research and development are considered an industrial water user.
(8) "institutional water user" means 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.
(9) "local agency" means any municipality,
				  such as a city or county government or public water agency.
(10) "non-industrial water use" means gross
				  water use minus industrial water use.
(11) "process water" means water used by
				  industrial water users for producing a product or product content, or water
				  used for research and development. Process water includes, but is not limited
				  to; the continuous manufacturing processes, water used for testing, cleaning
				  and maintaining equipment. Water used to cool machinery or buildings used in
				  the manufacturing process or necessary to maintain product quality or chemical
				  characteristics for product manufacturing or control rooms, data centers,
				  laboratories, clean rooms and other industrial facility units that are integral
				  to the manufacturing or research and development process shall be considered
				  process water. Water used in the manufacturing process that is necessary for
				  complying with local, State and federal health and safety laws, and is not
				  incidental water, shall be considered process water. Process water does not
				  include incidental, commercial or institutional water uses.
(12) "recycled water" means water that is
				  used to offset potable demand, including recycled water supplied for direct use
				  and indirect potable reuse that meets the following requirements, where
				  applicable:
(A) For groundwater recharge,
				  including recharge through spreading basins, water supplies that are all of the
				  following:
(i) Metered.
(ii) Developed through planned investment by
				  the urban water supplier or a wastewater treatment agency.
(iii) Treated to a minimum tertiary
				  level.
(iv) Delivered within the
				  service area of an urban retail water supplier or its urban wholesale water
				  supplier that helps an urban retail water supplier meet its urban water use
				  target.
(B) For reservoir
				  augmentation, water supplies that meet the criteria of subdivision (A) and are
				  conveyed through a distribution system constructed specifically for recycled
				  water.
(13) "urban retail
				  water supplier" means a water supplier, either publicly or privately owned,
				  that directly provides potable municipal water to more than 3,000 end users or
				  that supplies more than 3,000 acre-feet of potable water annually at retail for
				  municipal purposes.
(14) "Urban
				  Water Management Plan" means a plan prepared pursuant to California Water Code
				  Division 6 Part 2.6. A plan shall describe and evaluate sources of supply,
				  reasonable and practical efficient uses, reclamation and demand management
				  activities. The components of the plan may vary according to an individual
				  community or area's characteristics and its capabilities to efficiently use and
				  conserve water. The plan shall address measures for residential, commercial,
				  governmental, and industrial water demand management as set forth in Article 2
				  (commencing with Section
				  10630) of Chapter 3. In addition,
				  a strategy and time schedule for implementation shall be included in the
				  plan.