BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A – Gov. Code § 84308)
SUBJECT: Title
Consider the June 23, 2025, Water Supply and Demand Management Committee Meeting Recommendation to Send a Letter to Cities in Santa Clara County Encouraging Participation in the Model Water Efficient New Development Ordinance.
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RECOMMENDATION: Recommendation
Consider recommendations resulting from the June 23, 2025, Water Supply and Demand Management Committee meeting to:
A. Direct staff to send a letter to cities in Santa Clara County encouraging participation in water conservation programs and promoting water use efficiency; and
B. Provide feedback and recommendations on the draft letters to staff as necessary.
Body
SUMMARY:
At the June 23, 2025, Water Supply and Demand Management Committee (Committee) meeting, the Committee approved a recommendation to the Board to send a letter to cities in Santa Clara County encouraging participation in the Model Water Efficient New Development Ordinance (MWENDO). Since that time, the Committee received an update at its August meeting on the status of the State budget trailer bills and the impact of the new laws on MWENDO adoption and implementation.
Assembly Bill (AB) 130 and Senate Bill (SB) 131 enact significant reforms to the California Environmental Quality Act. The reforms are intended to accelerate new housing development by streamlining the environmental review process. While AB 130 and SB 131 aim to benefit housing production, the laws impose a moratorium on local governments to adopt or amend residential building standards through 2031 and pose a challenge to local water conservation policies like MWENDO. As a result, further adoption of MWENDO is restricted during this moratorium unless the ordinance is determined to be an emergency health and safety measure in response to a declared drought emergency.
Given the temporary moratorium on local adoption of MWENDO, staff continues to actively engage with local jurisdictions to explore alternative strategies for promoting water use efficiency and has prepared the requested letters with a focus on the District’s water conservation programs and cost-share opportunities, as well as water recycling. The draft letters aim to foster greater collaboration between Valley Water and the cities of Santa Clara County, and to allow staff to continue advocacy efforts despite restrictions on MWENDO adoption. Valley Water’s 2040 water supply reliability goals, established through the Water Supply Master Plan, are based on a broad set of initiatives, but do not yet reflect the additional savings expected from the State-mandated ban on irrigation of nonfunctional turf in Commercial, Industrial, and Institutional (CII) landscapes. This requirement complements the supplemental MWENDO provision prohibiting decorative, nonfunctional turf on CII landscapes, as adopted by the Board in 2023.
While the moratorium imposed by AB 130 and SB 131 restricts local governments from adopting new or amended building standards like MWENDO, potentially limiting one avenue for achieving long-term water efficiency in new residential developments, Valley Water remains well positioned to meet its 2040 targets. Further, a majority of cities in Santa Clara County already have measures that align with elements from MWENDO. The combination of existing initiatives, sufficient time remaining to meet 2040 targets, and additional savings from the CII turf restrictions provide a strong foundation for achieving Valley Water’s long-term water supply reliability goals.
ENVIRONMENTAL JUSTICE IMPACT:
There is no environmental justice impact with this item.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Draft Letters
UNCLASSIFIED MANAGER: Manager
Marta Lugo, 408-630-2237