ITEM:		PUBLIC HEARING
11.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 176 – AMENDING RULES 11, 21, 24, 25.5, 60, 64, 141, 143 AND 144
Meeting Date:			November 14, 2016	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Yes.
Committee Recommendation: The Water Demand Committee reviewed this ordinance October 3, 2016 and recommended approval.
CEQA Compliance: Categorical Exemption.

SUMMARY: Attached as Exhibit 11-A is Ordinance No. 176, “2016 Rule Amendment Ordinance II.” This ordinance amends and clarifies certain actions necessary to process and issue Water Permits and Water Distribution System Permits and clarifies certain permitting and conservation requirements. This ordinance also updates the User fee rule and adds Rebates for Non-Residential new technology and the removal of whirlpool tubs in Visitor-Serving Facilities.

DISCUSSION: The following is a summary of the sections of Ordinance No. 176:

· Rule 11 (Definitions) is amended to add definitions for “Accredited Institution of Higher Education Site” and “Jurisdiction Site” and to amend the definitions for “Parcel” and “Site.” These definitions are in keeping with Board action to allow Public School District’s flexibility in the use of Water Credits. The Water Demand Committee supports the definitions to encourage investments in water efficiency within these institutions.

· Rule 21 (Application for Permit to Connect to or Modify a Connection to a Water Distribution System) is amended to clarify that an amended Water Permit is required when there are changes to the fixture count or Water Use Capacity of an active permit.

· Rule 24, Table 2: Non-Residential Water Use Factors, is amended to require additional Water Use Capacity for the installation of multiple Showerheads in Visitor-Serving Facilities.

· Rule 25.5 (Water Use Credits and On-Site Water Credits) is amended to correct a mislabeled reference to Rule 25.5-H and to clarify that eight years of water records shall be submitted to document historic consumption. The current Rule is contradictory and contains reference to both eight years and ten years of water records.

· Rule 25.5 is also amended to allow recorded documentation of Water Credit on a Parcel when new Assessor’s Parcel Numbers are assigned to the Site and the previous Assessor’s Parcel Number becomes inactive.

· Rule 60-M (Refunds of Fees and Charges) is amended to specify how a refund is issued when the party who initially paid a fee is unknown.

· Rule 64 (Water Distribution System User Fees) is amended to reflect the current process based on prior ordinances.

· Rule 141 (Water Conservation Rebates) is amended to add a Rebate for removal of a whirlpool bathtub in a Visitor-Serving Facility. Removal of whirlpool bathtubs is encouraged due to the high water use associated with cleaning the whirlpool pipes of soaps and oils.

· Rule 141 (Water Conservation Rebates) is amended to establish a process for consideration of Non-Residential Rebates for water saving technology not listed in Rule 141.

· Rule 143 (Water Efficiency Standards for Existing Non-Residential Uses) is amended to set a standard for Non-Residential Clothes Washers that are unable to comply with the 5.0 Water Factor.

· Rule 144-C (Retrofit Exemptions) is deleted as the exemption in the rule will no longer be applicable upon the effective date of the ordinance.

RECOMMENDATION: Staff recommends adoption of Ordinance No. 176..

EXHIBIT

11-A Draft Ordinance No. 176 – Amending Rules 11, 21, 24, 25.5, 60, 64, 141, 143 and 144

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