EXHIBIT 17-A

 

DRAFT

ORDINANCE NO. 161

 

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

AMENDING RULE 23-A-1-i

REGARDING WATER MEASURING DEVICE REQUIREMENTS

FINDINGS

 

1.         The Water Management District is charged under the Monterey Peninsula Water Management District Law with the integrated management of the ground and surface water resources in the Monterey Peninsula area.

 

2.                  The Water Management District 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.                  This ordinance amends Rule 11, Definitions, for consistency with policy of the District’s main Water Distribution System Operator (i.e., a Connection does not cease to exist if the meter size is changed or the meter is moved to another location on the Site) and to provide simpler language related to Water Measuring Devices.

 

4.                  This ordinance amends Rule 23-A-1-i, Action on Application for a Water Permit to Connect to or Modify an Existing Water Distribution System.

 

5.                  Rule 23 requires Water Measuring Devices maintained by the Water Distribution System Operator for each User. However, a Site utilizing a Water Credit that results in one or more new Users (each residence, commercial enterprise, or industrial enterprise shall be deemed a separate and distinct User) does not increase system-wide Water Use Capacity.

 

6.                  This ordinance authorizes sub-meters (i.e., water meters on the User’s side of the Water Distribution System Operator’s Water Measuring Device) to record water consumption between an existing Connection and the water User in certain cases where installation of individual water meters by the Water Distribution System Operator is not possible (e.g. during a moratorium).

 

7.                  This ordinance is limited to Sites where a Water Credit is used to obtain a Water Permit and the Site has an existing Connection to a Water Distribution System.

 

8.                  This ordinance establishes conditions under which sub-metering is allowed as a condition of a Water Permit.

 

9.                  This ordinance requires that the sub-metering conditions are recorded on the title of the property and that the conditions are applicable to all future owners of the property. The deed restriction will be rescinded when the property owner installs Water Measuring Devices managed by the Water Distribution System Operator for each sub-metered User.

 

10.              This ordinance requires installation of a Water Measuring Device managed by the Water Distribution System Operator at the conclusion of a moratorium.

 

11.              The proposed ordinance has less than significant impacts on the environment as determined by the Initial Study as all water use has been accounted for as a Water Credit.

 

12.              This ordinance shall amend and republish the Rules and Regulations of the Water Management District.

 

 

NOW THEREFORE be it ordained as follows:

ORDINANCE

 

Section One:               Short Title

 

This ordinance shall be known as the 2014 Sub-Metering Policy Ordinance of the Monterey Peninsula Water Management District.

 

Section Two:              Purpose

 

This ordinance authorizes the use of sub-meters (i.e., water meters located between the main water meter and the User) when installation of individual User Water Meters by the Water Distribution System Operator is not feasible.

 

Section Three:           Amendment of Rule 11, Definitions

 

Rule 11, Definitions, shall be amended as follows, with added language shown in bold italic type face and deleted language shown in strikeout type face.

 

CONNECTION - “Connection” means the point of intersection where a User gains access to the Water Distribution System. Where a Water-Measuring Device is installed, the Water Distribution System shall include the Water-Measuring Device Water Meter and the Connection shall be the nearest point of User access beyond the Water-Measuring Device. Where a Water-Measuring Device is removed for a period exceeding 36 months, or is relocated or resized, the former Connection shall cease to exist. Where any Permit is transferred in contravention of Rule 28, the Connection(s) affected by said Permit shall cease to exist. For the purpose of these Rules and Regulations, access for fire protection and/or access for short-term use through a hydrant meter installed with the consent of the Water Distribution System Operator shall not be deemed a Connection. Each new Connection, based upon projected quantity of water use, shall be categorized as either “Residential” or “Non-Residential.”

 

WATER-MEASURING DEVICE - “Water-Measuring Device” means any water meter or other measuring device intended to measure water usage by a User of the Water Distribution System. The term “Water-Measuring Device” shall have the same meaning as the term “Water Meter.”

 

WATER METER – “Water Meter” means any measuring device intended to measure water usage. The term “Water Meter” shall have the same meaning as the term “Water Measuring Device.”

 

Section Four:             Amendment of Rule 23-A-1-i, Action on Application for a Water Permit to Connect to or Modify an Existing Water Distribution System

 

Rule 23-A-1-i, Action on Application for a Water Permit to Connect to or Modify an Existing Water Distribution System, shall be amended as follows, with added language shown in bold italic type face and deleted language shown in strikeout type face.

 

i.                    Water Measuring Devices Meters maintained by the Water Distribution System Operator shall be installed for each Residential and Non-Residential water User except as contemplated in 23-A-1-i-(3), (4), and (5).

 

                                                   (1)            A Non-Residential User may extend water use to another Non-Residential User within an existing structure unless the Remodel or Addition requires a Water Permit for a Change of Use (as defined in Rule 11).

 

                                                   (2)            A Change of Use as defined in Rule 11 shall trigger the requirement for a separate Water MeterMeasuring Device.

 

                                                   (3)            Users of multiple structures on a Site occupied by one Non-Residential User may apply for a variance of this Rule.

 

                                                   (4)            The General Manager shall consider allow Non-Residential variances to this Rule sub-metering for each User when the installation of separate Water MetersMeasuring Devices is not feasible and the Site is utilizing Water Credits on a Site that has a Connection. In considering a variance, the General Manager shall determine if another type of Water Measuring Device is appropriate and shall make reporting of consumption a condition of approval. Approval of a Water Permit allowing sub-metering under this provision shall require recordation of a deed restriction on the title of the property that shall encumber current and future Site owners to comply with the following conditions:

 

                                                                         (a.)            Site’s owner shall have Water Meters installed for each sub-metered User by the Water Distribution System Operator within ninety (90) days of the conclusion of a Connection moratorium. Once Water Meters maintained by the Water Distribution System Operator have been installed, the deed restriction shall be removed;

 

                                                                         (b.)            Annually at the conclusion of the Water Year, and within 30 days of change in tenancy, the Site’s owner shall provide the General Manager with individual monthly consumption for each User in a format acceptable to the District. Information shall identify the User of the sub-meter (e.g. apartment number or lease space number) and the number of residents in each Residential Dwelling Unit or the type of use according to Rule 24, Table 2, for each Non-Residential User;

 

                                                                          (c.)            During Stages 4-7 of the Expanded Water Conservation and Standby Rationing Plan (Regulation XV), the General Manager shall be provided with information about the number of occupants and type of uses within the sub-metered Dwelling Units and Uses;

 

                                                                         (d.)            During Stages 4-7 of the Expanded Water Conservation and Standby Rationing Plan (Regulation XV), sub-metered consumption and occupant contact information shall be provided to the District monthly or more frequently if requested by the General Manager;

 

                                                   (5)            The Board shall consider Mixed Use and Residential variances to this Rule when the installation of separate Water Measuring Devices is not feasible due to Special Circumstances. In considering a variance, the Board shall determine if another type of Water Measuring Device is appropriate and shall make reporting of consumption a condition of approval.

 

Section Five:              Publication and Application

 

The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District. 

 

Section Six:                Effective Date and Sunset

 

This ordinance shall take effect at 12:01 a.m. on the 30th day after it has been enacted on second reading. 

 

This Ordinance shall not have a sunset date. 

 

Section Seven:            Severability

 

If any subdivision, paragraph, 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 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 by Director Pendergrass, and second by Director Edwards, the foregoing ordinance is adopted upon this ___ day of _____, 2014 by the following vote:

 

 

AYES:             

 

NAYS:           

 

ABSENT:                  

 

I, David J. Stoldt, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is a full, true and correct copy of an ordinance duly adopted on the ___ day of _____ 2014.

 

 

Witness my hand and seal of the Board of Directors this ____ day of ____ 2014.

 

 

 

                                                                                                                                                           

                                                                        David J. Stoldt, Secretary to the Board

 

 

 

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