EXHIBIT 14-A
First Reading
Draft
ORDINANCE NO. 146
An Ordinance of the Board of
Directors
of the
Monterey Peninsula Water Management District
Suspending the Expiration Date for Water
Credits
for the Duration of Any Moratorium Limiting
Their Use
FINDINGS
1.
The Monterey Peninsula Water Management District
(MPWMD) is charged under the Monterey Peninsula Water Management District Law
with the integrated management of the ground and surface water resources in the
2. MPWMD has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.
3. On May 24, 2010, California American Water (CAW) filed an Application for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District (A1005020) with the California Public Utilities Commission (CPUC).
4. In August 2010, MPWMD staff met with representatives of the parties involved in CAW’s request for a moratorium to comply with the State Water Resources Control Board (SWRCB) Cease and Desist Order 2009-0060 (CDO). The CPUC is presently considering CAW’s moratorium request and a decision is anticipated early in 2011. Information obtained during two meetings in August indicates there is considerable uncertainty about what projects would be impacted by a moratorium.
5. Water Use Credits are documented when (1) there is a Permanent Abandonment of Use, or (2) following the installation of Ultra-Low Water Use Technology not required by the District, or (3) when there is a temporary removal of a use, such as a Change of Use. The credit process allows the reuse of the reduced increment of water on the same Site. Credits may be transferred to other Sites pursuant to Rule 28. Water Use Credits resulting from a Permanent Abandonment of Use (i.e., demolition or permanent removal of plumbing or fixtures, or replacement of fixtures with state-of-the-art equipment or high efficiency appliance credits) allow the reuse of the reduced increment of water on a Site for up to ten years.
6. This ordinance addresses the potential effects of a CPUC-approved moratorium on properties that have a Water Use Credit or an On-Site Water Credit by temporarily delaying the credit’s expiration date if it is subject to a moratorium.
7. The District’s Expanded Water Conservation and Standby Rationing Plan allows extension of the expiration date for credits in Stages 6 and 7, but the plan does not consider a moratorium enacted by the CPUC that impacts credits in earlier stages.
8. This ordinance adds amends the definitions for Mixed Use and Water-Gathering Facility.
9. This ordinance amends Rule 25.5-C to clarify that the review of the status of a Water Use Credit prior to extension may include additional criteria. This is done by replacing the abbreviation for id est (i.e. or “that is”) with exempli gratia (e.g. or “for example”) to allow newly adopted requirements to be considered at the time that an extension is requested.
10. This ordinance adds Rule 25.5-K to suspend the expiration of a Water Credit or Water Use Credit during a CPUC-ordered moratorium that precludes the use of that credit. The credit is reinstated after the moratorium with the same value and remaining term as available on the date of suspension.
11. This ordinance amends Rule 20-C-4 to facilitate installation of rainwater harvesting Cisterns.
12. This ordinance amends Rule 143-A by deleting a reference to possibly more restrictive requirements by another agency or Jurisdiction to allow the addition of more restrictive requirements by MPWMD to apply.
13. This concept ordinance was reviewed and supported by the Policy Advisory Committee and Technical Advisory Committee on October 25, 2010.
14. This ordinance is subject to the California Environmental Quality Act (CEQA) and is processed under a categorical exemption pursuant to Section 15301, Existing Facilities.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the 2010 Credit
Suspension Ordinance of the Monterey Peninsula Water Management District.
Section Two: Statement of Purpose
This ordinance is enacted to temporarily suspend the expiration of Water Credits or Water Use Credits during a moratorium that limits the use of a valid Water Credit or Water Use Credit. The period of time during which a Water Credit or a Water Use Credit is usable shall be extended upon expiration or rescission of the moratorium for the same amount of time following the moratorium as existed at the beginning of the moratorium. This ordinance shall make minor administrative process changes to Rules 20 and 143 to facilitate implementation of current Rules in support of the conservation program.
Section Three: Definitions
Unless the context
specifically indicates otherwise, the following words or phrases shall be given
the definitions set forth below and shall be permanently added to or deleted
from Rule 11, Definitions, of the Rules and Regulations of the District. New and revised
text is shown in bold italics (bold italics) and deleted
text is shown in strikeout (strikeout).
MIXED
USE – “Mixed Use” shall mean water used for
domestic or other uses from any Water Distribution System or private Well where
one or
more water meters or Connections suppliesy
both Residential and Non-Residential uses,
often within the same building.
WATER-GATHERING
FACILITY - “Water-Gathering Facility”
means any device or method, mechanical or otherwise, for the production of
water from dams, Groundwater, surface water, water
courses, Reclaimed Water sources, or any other Source of Supply within the Monterey
Peninsula Water Management District or a zone thereof. Water-Gathering Facilities shall include any
water-production facility as defined in the Monterey Peninsula Water Management
District Law. This definition shall not
apply to On-Site Cisterns that serve existing single-Connection, Residential situations where rainwater is captured
for On-Site Landscape irrigation use.
Section Four: Amendment
of Rule 25.5-C, Water Use Credits and On-Site Water Credits
Rule 25.5-C shall be amended
as shown in bold italics (bold italics) and strikeout (strikethrough). No changes are proposed for Rule 25.5-A and B
or to Rule 25.5-D through J.
C. A Water Use Credit may be applied to and
shall allow future water use on that Site at any time within a period of 60
months. After the 60th month, the
General Manager shall allow renewal of this Water Use Credit only upon
verification that some or all water savings represented by that credit are
current (i.ee.g. no Water Permit or other use or transfer of the Water Use
Credit has occurred). If all savings are
not current, a pro-rata reduction shall occur.
A single renewal period of 60 months shall be allowed; thereafter any
remaining unused Water Use Credit shall expire.
Section Five: Addition of Rule 25.5-K, Water
Use Credits and On-Site Water Credits
Rule 25.5-K shall be added to Rule 25.5 as shown in bold italics (bold italics).
K. If
any moratorium is enacted by the California Public Utilities Commission or the
District that precludes the use of a valid Water Credit or Water Use Credit,
the Water Credit or Water Use Credit so affected shall be suspended for the
duration of the moratorium. Upon expiration
or rescission of the moratorium, each Water Credit or Water Use Credit so
affected shall be revived from suspension and shall possess the same values and
remaining term as available upon the date of suspension.
Section Six:
Amendment of Rule 20-C-6,
Exemptions For Water Distribution System Permit
Rule 20-C-6
shall be amended as shown in bold italics (bold italics) and
strikeout (strikethrough).
6. For On-Site Cisterns that
serve existing single-parcel connections, (i.e. Residential
situations where used to store rainwater is
captured for On-Site landscape irrigation use).
Section Seven:
Amendment of Rule 143-A,
Water Efficiency Standards for Existing Non-Residential Uses
Rule 143-A
shall be amended as shown in bold italics (bold italics) and
strikeout (strikethrough).
A. All
Non-Residential Water Users within the District shall maintain Showerheads with
a maximum flow capacity of 2.5 gallons per minute, and Washbasin faucets with
aerators which limit the flow rate to a maximum of 2.5 gallons per minute,
unless subject to more restrictive requirements by another agency or
Jurisdiction.
Section Eight: Publication and Application
The provisions of this ordinance shall cause the amendment and republication of Rules 11, 20, 25.5, and 143 to the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
Section Nine: Effective
Date
This ordinance shall be given effect at 12:01 a.m. on January 14, 2010.
Section Ten: Sunset
This ordinance shall not have a sunset date.
Section Eleven: Severability
If any subdivision, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District’s express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
On motion of Director __________, and second by Director __________, the foregoing ordinance is adopted upon this ____ day of _________, 2010, by the following vote:
AYES:
NAYS:
ABSENT:
I, Darby W. Fuerst, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is an ordinance duly adopted on the ____ day of _____________, 2010.
Witness my hand and seal of the Board of Directors this ________ day of ________, 2010.
________________________________
Darby
W. Fuerst, Secretary to the Board
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