Month: June 2015

The WSA – Bringing Imaginary Water to L.A.’s Big Projects

Published / by dcoffin / Leave a Comment

In a previous article I wrote that The Los Angeles Department of Water and Power was confronted with two conflicting demands that dates back to 1990. The department’s conflict is between providing enough water to city residents from a rapidly shrinking water supply that once averaged 680,000 Af/y and is now just over 610,000 Af/y and then also show evidence that the city’s water supply is growing to assure continued growth. 

By now most of the public is well aware that there is a water shortage and that the DWP has been furiously trying to reduce the city’s residential per capita consumption by bombarding the media with accounts of shortages, imposing emergency drought restrictions, ‘drought shaming’ residents into using as little water as possible, and even paying them to tear out lawns and substitute it with drought resistant landscaping.

What the public is not aware of is that the LADWP puts on a very different face when it comes to assessing demand and assuring water supply for large new projects that consume the equivalent of 500 units or more in its Water Supply Assessments also known as WSA’s. Performing a water supply assessment is required by state law for very large projects and the department has produced more than seventy of them since 2005.

You need water? We got the water! Step Right in line.

1444 unit SOLA Village ProjectThe DWP’s water assessments are akin to a Hollywood movie set whose front facing facades of old western towns look like the real thing but when you step through a door all you find is an empty lot.

Read through a WSA and you’ll be transported into a parallel world where there’s plenty of surplus water to support a projects demand for the next twenty years along with all the other planned future demand that don’t trigger water supply assessments. But look behind the report at the actual supply figures and you’ll find that like the old western town on the big screen, the WSA is a mere facade as well.

Let’s take a recent example of the large 1,444 unit downtown SOLA Village project that the LADWP recently recommended to the Board or Water and Power for approval. Keeping in mind that the City of Los Angeles is already reeling from a water shortage and has been since 1990, the DWP’s Water Resources Section concluded in the projects water supply assessment that “adequate water supplies will be available to meet the total additional water demand” and that the demand “can be met during normal, single-dry, and multi-dry water years” for the next 20 years!

The department came to this conclusion by citing water demand and supply forecasts from its own current Urban Water Management Plan. A practice that is allowed by the state but should bring to question the sincerity to the laws “Show Me the Water” hype.

unmetRCYThe city’s past water plans have always claimed to have access to amazing amounts of water but in reality its water that can never be delivered or touched. You’ll never be able to wash your hands with it or sip it from a glass. Its imaginary water destined only for the pages of WSA's and UWMP's that are used to approve projects by decision makers.

For instance, supporting the SOLA Village project, the WSA cites that over the next twenty years the department will be able to build up recycled water supplies “eight-fold” to an amazing 59,000 Af/y by 2035. The problem however is that they’ve made similar claims to this in every preceding water plan going back to 1990!

The 2010 and 2005 plans that are routinely cited in the city's WSA’s both stated that we would be enjoying 20,000 Af/y of recycled water by 2015! In reality though, we’ve only seen an average of 7,392 Af/y since 2005 and we missed the 2015 target by 13,000 AF or 4.2 billion gallons.

Touching on another source of water, the SOLA Village WSA goes on to claim that stormwater capture will increase the water supply by 25,000 AF. Stormwater capture while not new, has been getting a lot of press attention lately when it was singled out by the city as a promising groundwater recharge component that would increase supplies.

But stormwater capture along with groundwater is highly speculative and certainly not sustainable on a year-to-year basis given the whims of Mother Nature. We can only look at averages and the averages have never been good to WSA’s when you look at them historically.

Certainly the city could bump up groundwater recharge with larger catch basins but rain barrels? Seriously? The departments WSA suggests that 10,000 Af of the 25,000 AF total would be met by rain barrels and cisterns. It would take 65 million of those plastic 50 gallon barrels that cost residents about $100 to buy. I suspect that the DWP is perhaps leaning towards underground cisterns to capture some of that water. But how would we know? WSA doesn’t positively identify how many or where these cisterns will be located. It just throws out the claim. WSA’s are supposed to “Show Me the Water” as the law was named, not make empty promises.

unmetGWContinuing on empty promises, groundwater has always been the department’s go-to resource when you need to bump up imaginary water. The SOLA Village WSA benefits in this trend by citing wild groundwater claims that states the department will be able to deliver more than 100,000 AF year-after-year. However, so did literally every plan before it.

Since 1990 the DWP’s Water Systems Section has repeatedly claimed the city would be receiving an average of 100,000 AF or more each year but that was never met. The WSA doesn’t tell you that. The city’s average yield has been just 67,000 Af since 2000. The WSA also doesn’t tell you that. It doesn’t tell you that only three times since 1990 has it ever exceeded 100,000 AF. It doesn’t really tell you we really don’t have enough water for these projects.

Susceptible to Challenge                                                              

Given the way the department carelessly cites access to large sums of unobtainable water to shore up evidence of sufficient supply, this makes WSA susceptible to challenge. WSA’s are a requirement of SB 610 and SB 221 which are collectively known as the “Show Me the Water Laws” but  LADWP’s WSA’s plans have not done that since 1990.

California’s Challenge to Reliable Water isn’t Infrastructure. It’s RHNA

Published / by dcoffin / 6 Comments on California’s Challenge to Reliable Water isn’t Infrastructure. It’s RHNA

The state’s biggest challenge in meeting the population’s water supply requirements isn’t conservation, it isn’t lack of infrastructure, not storage, and not groundwater. It’s RHNA, a little known wonkish piece of legislation embodied in Government Code 65580 that's mostly known to planners, developers and city hall staffers. 

What follows might sound like we’re veering away from the focus of this blog but stick with it, RHNA affects water demand (and electric power and traffic) in a very heavy handed, mindless way. You’ll see why.

State Level RHNA

RHNA (Regional Housing Needs Assessment) is a law that requires the state Department of Housing and Community Development (HCD) to establish the region’s existing and projected housing needs. RHNA prods and some might say it threatens cities into produce housing and while it presses for growth, nowhere in the state level is there an evaluation as to whether the water supply is available.

The RHNA process starts out with population projections generated by the state’s Department of Finance (DOF). These population figures are then sent to HCD which takes this data and develops regional housing (RHNA) allocations. The allocations, spread out evenly between Northern and Southern California, are distributed among 38 regional planning agencies through a RHNA Determination Letter.

Regional Level RHNA

Every region in the state has a planning agency that assigns housing allocations to the cities and communities they oversee. When regional planning agencies receive the Determination Letter, they take the regional RHNA allocations in it and break it down to city level RHNA allocations. When the HCD sent Southern California its Determination Letter showing RHNA allocations (pdf), the Southern California Association of Governments (SCAG) w­­­as assigned to provide between 409,060 and 438,030 housing units to be spread out among its 191 cities inside Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura counties. The planning agency that represents San Diego (SANDAG) was assigned to provide 161,980 units.

To name a few other regions, if you live in Fresno its planning agency (FCOG) was assigned a RHNA allocation of 41,470 housing units. Kern’s planning agency (KCOG) was assigned a RHNA allocation of 67,675 housing units and the San Francisco Bay Area agency (ABAG) was allocated to provide for 187,990 new units. Regional planning agencies simply accept the HCD numbers at face value.

This step in the RHNA process tends to get a little ugly. Using a number of factors such as jobs, density, transportation, income levels, developable land, the regional planning agencies divide up their regional allocations into city level RHNA allocations (pdf). The regional planning agencies do not evaluate whether there is a sufficient water supply available to support housing requirements when they impose the allocations on the cities or communities. This is where the disconnect, intentional or not begins.

Some cities like Los Angeles accept these housing allocations with reckless abandon and run with it while other cities like Irvine, Palmdale, La Mirada and Pleasanton have tried unsuccessfully to challenge the regional agencies role and RHNA allocations in courts. In Irvine, the city had designated a decommissioned naval base to be the site of the “Orange County Great Park’. However, SCAG saw its potential as a huge housing development and applied a RHNA allocation of 35,660 units to the city. Pleasanton sought to limit growth with caps that were approved by voters but was sued because their housing plan they did not comply with RHNA.

City Level RHNA

The next and final step in the RHNA process is at the city level. Each city after having received their share of RHNA allocations must now incorporate it into a housing plan called the ‘Housing Element’. The Housing Element identifies the locations of all the parcels in the city that are candidates for higher density growth and is one of the eleven 'elements' that goes into a city's 'General Plan'. This is effectively the only place throughout the RHNA process where water supply comes into play, albeit indirectly.

The Housing Element does not evaluate whether there is a sufficient water supply available to support housing requirements. Instead it leaves it up to the water agencies UWMP. In the City of Los Angeles’s Housing Element, it has a section on ‘infrastructure’ where water supply is brought up. Here, the plan cites the 2010 UWMP stating “there is an adequate supply of water to serve the population growth projected through the year 2030, beyond the Housing Element planning period.

Clearly the adequacy of the water supply in Los Angeles is demonstrably untrue, but there is no regulatory oversight anywhere in the RHNA process that will halt a project when there is no water to support it. If the water plan is based on faulty assumptions, the project will glide through to approval making it nearly impossible to create a reliable water supply.

Challenging RHNA is not possible. Courts say they have no jurisdiction. Challenging the water is one of the few areas where housing allocations can be reduced but it’s not part of the regulatory process. In “Show Me the Water Plan (E. Hanak/PPIC)”, the paper states that “planning laws (SB 221 & SB 610) rely largely on citizen enforcement rather than regulatory oversight by the state” and “that citizens can challenge the responsible local agencies in civil suits.”

Challenging water supply has been done from time to time by highly motivated groups of citizens. In “California Water Planning 2009 Vol 4 Reference Guide”(R. Waterman) this study described one such instance when a Santa Clarita group called “Santa Clarita Organization for Planning the Environment” challenged an EIR for a project involving 2,545 homes, a retail center and 42 acres of community facilities. In (SCOPE) v. county of Los Angeles, The judge agreed and the court rejected the EIR stating that the “county’s approval of the West Creek EIR is not supported by substantial evidence (of available water).”

But while its happened from time to time it’s not a process that citizens are familiar with and having citizens challenge thousands of projects a year one by one to enforce SB 221 and SB 610 (the “Show me the Water Laws”) is an undue burden. Furthering the burden, the State has legislation such as SB 1818 that allows cities and developers to squeeze more units into a parcel even when its zoned for lower densities.

Cities are not likely to challenge a developers rights to construct housing if the allocations have not been met. RHNA’s complicated process give developers the legal foundation to build new housing and sue if cities don’t cooperate, even when it is obvious to everyone that there is no water available for the project.

So where’s RHNA going to take us?

RHNA is driving up water demand. The Housing Element is updated every eight years and new RHNA allocations come out for each new refresh so what we see every eight years are just small chunks of the housing allocations which keeps the long term past and future view pretty well hidden.

Because RHNA takes its cue from DOF population projections which extend 50 years, if you want to know where RHNA is taking us look no further than the DOF P-3 projections.

These fifty year projections can swing up and down quite a bit. The 2050 projections were reduced 10 million people between the 2006/2014 and 2013/2021 but the damage is already done despite the reduced projection.

L.A.'s last RHNA allocation was 112,876 and it led to a large number of permits being approved though not all of them were necessarily built given the economic crash that occurred in 2008. However, once entitled, they stay entitled. When the economy picks up, the construction can begin. The latest RHNA allocation for Los Angeles dropped to 82,000.

The current DOF projections show the state growing to a population of 51,663,771. With this we can expect the RHNA to increase the density to increase 16% by 2030 and by 32% by 2060. A 32% increase in the City of Los Angeles suggest that water demand would increase over 938,000 Af/y if the city’s demand was held at the current 142 gallons per capita daily. That’s is about 356,000 acre-feet a year over the city’s actual average supply.

But realistically, if the RHNA process continues unrestrained by water supply, the city would have to reduce the demand to 88 gallons per capita daily to meet 2060 population targets. This is not “residential gpcd”, this is the entire city’s demand including commercial, industrial, government and residential! And what's worse.. this is just the City of LA. Imagine how disastrous and frequent droughts will be when the state hits its 16% growth target by 2030 and 32% target by 2060.

California can never have a reliable water supply unless serious reforms are made to RHNA.

(updated on 6/14/2015)

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