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File #: 20-2331   
Type: Ordinance-G Status: Adopted
Meeting Body: City Council Formal Meeting
On agenda: 9/16/2020 Final action: 9/16/2020
Title: Phoenix City Code Amendment Related to Chapter 37 - Water (Ordinance G-6741)
District: Citywide
Related files: 20-2328, 20-2107
Title
Phoenix City Code Amendment Related to Chapter 37 - Water (Ordinance G-6741)

Description
Request Council to amend the Phoenix City Code by repealing the existing Chapter 37-Water and adopting a revised Chapter 37-Water, as was recommended by the City of Phoenix Citizens’ Water / Wastewater Rate Advisory Committee and the Transportation, Infrastructure and Innovation Council Subcommittee.

Report
Summary
Chapter 37 of Phoenix City Code was reviewed for the purposes of:
Streamlining and, where possible, simplifying language for enhanced transparency; and
Revising code to reflect the recommendations of the Citizens’ Water / Wastewater Rate Advisory Committee’s Water Equity Initiative.

The proposed changes to Chapter 37 are summarized below:

General Clean-up: Revisions to clarify definitions, policies and procedures, and to ensure consistency between City Code Chapters 28 - Sewer and 37 - Water.

Water Equity Recommendations: Revisions to allow the Water Services Director to limit water flows to single-family residential customers, rather than disconnect them entirely as is currently required for purposes of enforcing City Services Bill revenue; and revisions to cease the accrual of late fees for single-family residential customers once their water service has been either disconnected or restricted for purposes of enforcing City Services Bill revenue. Both revisions favor the customer and are meant to enhance access to water and wastewater services (37-85 and -88).

Other Notable changes:
Clarifying that Chapter 37 applies to all Phoenix water customers, whether inside or outside City boundaries (37-29);
Removing erroneous provisions charging excise tax to customers outside of the City (37-63.1; 37-64.1);
Adding an option for landlords to maintain the water account in the landlord’s name (37-90);
Clarifying the process for customer’s seeking review of the accuracy of the water bill (37-95);
Clarifying that public emergencies are grounds for Director implementing alternate payment methods for customers (37-95.1);
Amending provisions for the Appraisal Review Board so that members are appointed and serve as needed instead of as a standing committee (37-96);
Streamlining and simplifying water conservation requirements; making conservation requirements more consistent with state requirements; eliminating permit requirements for turf facilities and bodies of water (37-110 through -120);
Adding a provision for civil penalties for violations of Chapter 37 ranging from $100-$2,500 for violations (37-99.1);
Clarifying process for designating a stage of water emergency (37-130); and
Repealing limited exemption for use of reclaimed water during Water Use Reduction Stage (37-130.2).

Concurrence/Previous Council Action
The City of Phoenix Water / Wastewater Rate Advisory Committee recommended approval of Water Equity updates to Phoenix City Code on June 23, 2020 by a 7-1 vote.
The Transportation, Infrastructure and Innovation Subcommittee recommended approval of this item on Sept. 2, 2020 by a 4-0 vote.

Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services Department.