Theresa McClenaghan Executive Director and Counsel Canadian Environmental Law Association October 2011

Transcription

1 Theresa McClenaghan Executive Director and Counsel Canadian Environmental Law Association October 2011

2 Founded in 1970 to use laws for protection of the environment, and to advocate for improvement of environmental law An Ontario specialty legal aid clinic Water sustainability is one of CELA`s core priorities, especially focussed on water safety, affordability, and security of supply while ensuring ecosystem needs are not compromised and see the Resource Library at Environmental Law Association 2

3 Consultations were held between Minister of Environment and stakeholders early 2010 Question was asked - What would it take to have Ontario build on its considerable expertise in water technologies Conversation was initially very treatment technology focussed, (building in part on the capacity that developed in part in response to Walkerton tragedy) Environmental Law Association 3

4 Throne speech referenced need for innovators, green jobs and technology, and announced that a Water Opportunities Act would be introduced A number of organizations (Polis, CELA, GLU, Ecojustice) had been working across ministries on advocating water conservation recommendations as outlined in the H2Ontario report by the Polis Water Sustainability Project (author Carol Maas) published in 2009 We suggested: broaden the Act to provide for conservation and look for the opportunities in innovation in conservation as well Environmental Law Association 4

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6 Formed the Ontario Water Conservation Alliance right after the Throne Speech Pulled together large range of groups including representatives from low flow appliance manufacturers, horticulture, landscape, parks, conservation, environmental, municipal, first nations, water works industry, green industry, builders, cottagers, women`s groups, water groups, and green building organizations Environmental Law Association 6

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8 Setting meaningful targets and measuring performance Targets build momentum for improvement and accurate performance measurements ensure we succeed. Accountability can be maintained through mandatory monitoring and reporting of targets. Requiring conservation plans, establishing efficiency standards and supporting green infrastructure Linking water conservation requirements explicitly to infrastructure grants will ensure we do not repeat past mistakes. In addition, land use planning, landscape design and building decisions should incorporate innovative water conservation, leafy green infrastructure and low impact development approaches. Fostering market transformation and a culture of conservation The province should lead by example and ensure public sector buildings, operations and facilities initiate and embrace conservation plans and water efficient procurement policies. This would feed into a broader social marketing strategy with the goal of instilling a province-wide ethic of water stewardship. Environmental Law Association 8

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10 ``The cost of pumping, distribution and treatment of water and wastewater is a significant expense for most Ontario municipalities. `` ``Powering pumps, treatment plants, hot water heaters and boilers was found to represent 12% of Ontario s total demand for electricity and 40% of the natural gas demand, which is comparable to other major sectors in the Ontario economy, and significantly more than the power produced by the largest coal-fired plant in North America. This suggests water services is an energy sector in its own right.`` Environmental Law Association 10

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12 ``Research and innovation in green infrastructure is a growth sector, providing ample opportunities for green job creation and technology development.`` ``Require land use planning and building decisions to incorporate innovative water conservation, green infrastructure and lowimpact development approaches`` `` Include conservation and efficiency, and green infrastructure in the funding and regulatory definitions of infrastructure, thus allowing infrastructure funding to be allocated for protecting, expanding, monitoring and maintaining green infrastructure`` Environmental Law Association 12

13 Reducing energy footprint of water sector Innovative water solutions for remote, rural, small and First Nations communities in treatment, and conservation Innovative green infrastructure solutions can obviate need for expanding or building new water treatment and supply systems Building codes can be revised to recognize new, innovative and cost effective solutions, including green infrastructure Cooperative conservation approaches to agricultural water use Environmental Law Association 13

14 Expanded the term technologies and services to add practices in purposes and operational sections (now reads `technologies, services and practices``) (and in the TAP now reads `technologies and services`` instead of just ``technologies``) These additional terms are important in our view for innovation in conservation, such as innovation for accepted standards for design, planning, and implementation across a range of disciplines in building, landscaping, water management Environmental Law Association 14

15 Concern and confusion about the purposes of the Act was expressed because of the innovation and commercialization mandate (which is for water technologies and services) Purpose was therefore amended with a new subsection: ``For greater certainty, the purposes of this Act do not include the privatization of publicly owned water, wastewater and stormwater services`` Environmental Law Association 15

16 The Water Technology Acceleration Project (Water TAP) For promotion of Ontario technology and services As a forum for exchange of ideas for commercialization, innovation, and to expand business opportunities domestically and internationally If requested may develop certification and verification programs We are suggesting a diverse board; to ensure a broad conception of what the innovation and commercialization opportunities are Environmental Law Association 16

17 Performance indicators and performance targets may be set by the Minister May relate to financing, operations, maintenance or other matters We will advocate for performance indicators and targets related to conservation to be included Amendment at third reading indicates that the performance indicators and targets proposed will be posted to the Environmental Bill of Rights Registry Performance targets may be different for different municipal service providers or different areas of the province Environmental Law Association 17

18 Directions by Minister regarding performance indicators and targets are not regulations At the Minister`s direction, Municipalities are to review and evaluate their achievement of targets; the Minister may make these evaluations public If targets are not reached, Minister may ask for evaluation of reasons and strategies to reach the targets Environmental Law Association 18

19 Conservation was included in provisions dealing with procurement by public agencies Requirements to consider efficient use of water, and avoidance of negative effects on water resources may be required Regulations may be prescribed in this respect Public agencies would consider ``technologies, services and practices in aid of water efficiency`` Environmental Law Association 19

20 Act provides that requirements for information to be provided in municipal water bills may be prescribed We will advocate that this should include water conservation information An example is comparison of water usage to municipal or neighbourhood average Information that promotes conservation and efficiency would be important for example comparisons to a notional per capita ``target`` Environmental Law Association 20

21 Minister is to initiate a review of the Building Code with reference to water conservation standards, within six months of coming into force, and then every five years thereafter The Building Code Energy Advisory Council is renamed the Building Code Conservation Advisory Council and mandated to advise on both energy and water conservation Environmental Law Association 21

22 Water conservation was added to the list of requirements that may be established for government buildings, in addition to energy conservation Requirements may be specified for government facilities ``relating to energy conservation, energy efficiency, water conservation, the adoption of renewable energy technologies, and the adoption of technologies and services that promote the efficient use of water and reduce negative impacts on Ontario s water resources.`` Environmental Law Association 22

23 Water efficiency labels and standards may be prescribed for water use appliances Particular marks may be enabled or prescribed Particular disclosure of information may be prescribed We have advocated, for example, an approach like the U.S. EPA WaterSense label (akin to EnergyStar) see and navigate to the `WaterSense`` page. Environmental Law Association 23

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25 The groups endorsing H2Ontario, and the Alliance members, have called for water infrastructure grants to be linked to demonstrated conservation initiatives Premier referred to a `Blue Strings`` approach in a speech June 17 th at the Water Summit in Mississauga, i.e. the idea that future infrastructure grants may require that approaches that take advantage of new technologies and water conservation may be required We will urge this approach i.e. to require conservation initiatives as a condition of infrastructure funding at least in larger or growing municipalities Environmental Law Association 25

26 Municipal Water Sustainability Plans input on content to be specified in regulations We will advocate following new and innovative green infrastructure approaches to stormwater as well as drinking water and other wastewater Building code modifications (enabled by the Act) will be key eg for use of rainwater, grey water, other approaches Soft path and green infrastructure approaches can provide big savings Environmental Law Association 26

27 Now that Bill 72 is passed, there are exciting opportunities and much work to be done Alliance members will be advocating for a broad approach to realizing the many opportunities for water innovation, especially on conservation We will provide input to the regulations, directions, guidelines and other manuals Environmental Law Association 27

28 The first regulation passed under the Act is the Regulation to establish the Water Technology Acceleration Partnership, a not for profit corporation Regulation 40/11, passed in March 2011 Its initial members have now been appointed by the Minister of Research and Innovation As of April 2012, the Board members are to elect their new members Environmental Law Association 28

29 Once the Water TAP board is responsible to elect its new members, the regulation directs that they are to ensure the following representation on the Board to carry out Water TAPs objects: (a) an officer or employee of an academic institution; (b) an officer or employee of a private sector corporation engaged in, (i) developing and marketing water and wastewater technologies or services, or (ii) raising capital for or financing the development of water and wastewater technology sector; (c) an entrepreneur who owns or manages an innovative small business in Ontario s cleantechnology sector; and (d) an officer or employee of a municipality. Environmental Law Association 29

30 Minister should set the aspirational targets under the Act for water conservation (with consultation) Minister should consult and set the nonregulatory performance targets and performance indicators for municipalities under the Act MoE should begin or continue development of the requirements for a range of sector based conservation plans under the OWRA Environmental Law Association 30

31 The Minister should Initiate a comprehensive consultation process for content of the municipal sustainability plans under the Act Among the topics that we think the regulations for sustainability plans should address, are the following: Use common watershed health metrics to set targets and performance indicators for municipalities in that watershed; and encouraging cooperative solutions among or between those municipalities; Provide strong regulations and guidance for municipal water sustainability plans both as to financial plan requirements, and as to content of the plans in areas regarding water conservation and utilization of green infrastructure and innovation Environmental Law Association 31

32 Other content should include: Ensuring fully integrated municipal water systems that optimize management of drinking water, wastewater, and storm water; Using innovative approaches in infrastructure planning including for example, mechanisms to utilize conservation, innovation and green infrastructure to avoid higher capital costs associated with infrastructure expansion; and development of the Blue Strings approach to require water conservation as an eligibility condition for infrastructure financing. Environmental Law Association 32

33 Ontario has made gains in water treatment technology, and has shown leadership regionally in the Great Lakes in terms of water quantity protection in negotiating the Great Lakes St. Lawrence Water Sustainability Agreement All sectors, government, conservation, public interest, water industry, municipalities, and water users have major opportunities and we must build on the momentum created by the Water Opportunities and Conservation Act Environmental Law Association 33

34 Water Opportunities and Conservation Alliance has been growing continually since spring of diverse organizations at last count A forum to bring perspectives together, exchange ideas, and provide input on Bill 72 to government Much work remains to be done to see the input and submissions to date, and to join the forum Environmental Law Association 34

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