Meeting Date:

April 3, 2012





David J. Stoldt,




General Manager

Line Item No.:




Prepared By:

Stephanie Pintar

Cost Estimate:



General Counsel Review:  Pending

Committee Recommendation: 

CEQA Compliance:  Pending


SUMMARY:  Draft Ordinance No. 151 (Exhibit 3-A), amends the rules and regulations pertaining to toilet flush volume standards and establishes a fixture unit value for Ultra High Efficiency Toilets.  The ordinance also clarifies the credit for Instant-Access Hot Water Systems and variance application timing, amends the District’s water efficiency standards by extending the mandatory Non-Residential retrofit requirements for six months.  It also clarifies and amends the Landscape Water Audit requirements.  The following paragraphs further summarize the measures included in the draft ordinance: 

1.      Definitions (Rule 11)

  1. Definitions for “alternative water sources” and “open space” have been added.
  2. Minor revisions were made to the definitions of Recycled Water and Showerhead.
  3. The definition of Shower, Each Additional Fixture, has been amended by this ordinance to clarify that an additional fixture is each Showerhead beyond the, with the exception of a single hand-held Showerhead that operates on a diverter.  This responds to a staff question regarding installation of timers (required by Rule 142) on multiple showerheads in New Construction.

2.      Residential Fixture Unit Count (Rule 24, Table 1)

A.    Table 1, Residential Fixture Unit Count, has been amended to delete the fixture unit value for Ultra-Low Flush Toilets (ULF). 

B.     Another amendment to the table added a fixture unit value for Ultra High Efficiency Toilets (UHET).  The fixture unit value for one gallon per flush Urinals has been deleted, as another amendment to Rule 142 (in keeping with existing Non-Residential standards) amends the New Construction standard to High Efficiency Urinal.

3.      Non-Residential Calculation of Water Use Capacity (Rule 24)

A.    Rule 24-B-1-c was amended to correct an oversight during the adoption of Ordinance No. 144.  This edit makes the calculation of outdoor water use for Non-Residential New Construction consistent with the Residential calculation.

4.      High Efficiency Appliance Credits (Rule 25.5, Table 4)

A.    Table 4, High Efficiency Appliance Credits, has been amended to eliminate the credit for High Efficiency Toilets (HET) and to add a credit for UHET.

B.     The table was also amended to clarify that credit for Instant-Access Hot Water Systems is available for more than one Dwelling Unit if there are multiple Dwelling Units on a Site.  Dwelling Units with auxiliary buildings that have hot water must install Instant-Access Hot Water Systems in each auxiliary structure as well as in the primary Dwelling Unit to receive credit.

C.     The term “washing machine” has been replaced with “Clothes Washer,” consistent with terminology used throughout the rules.

5.      Variance (Rule 90)

A.    Rule 90 was amended to clarify that a variance to Regulation II, Permits, must be requested prior to or within 90 days of a determination.  This responds to Board direction from August 15, 2011, regarding a request for variance from District Rule 23, 17 years after a Water Permit was issued.

B.     The last sentence of the first paragraph of Rule 90 has been deleted due to obsolete language.

6.      Water Conservation Rebates (Rule 141)

A.    As requested by the Water Demand Committee on September 29, 2011, the ordinance increases the Cistern Rebate by adding a higher rebate tier for the first 500 gallons of storage capacity. 


B.     Due to limited funding, this amendment restricts Cistern Rebates to Sites supplied with water from the Monterey Peninsula Water Resource System.

7.      Water Efficiency Standards (Rule 142)

A.    HET has been added as the District’s toilet standard for Residential and Non-Residential New Construction, Changes of Ownership, Changes of Use, and Expansions of Use.

B.     The Non-Residential Water Efficiency Standards for New Structures were amended to add an increased flow rate for private Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) consistent with building code.

C.     High Efficiency Urinals (or ones that use less water) become the District’s standard Urinal requirement for Residential and Non-Residential New Construction, Changes of Ownership, Changes of Use, and Expansions of Use.

D.    The rule has been amended to clarify that Showerheads must be manufactured and designed to meet the District’s flow requirement of 2.0 gallons per minute.  This is to avoid situations where the Showerhead is modified to meet the requirement and can then be increased to a higher flow rate.

E.     The voluntary use of alternative water sources for indoor toilet flushing and other uses allowed by the Jurisdiction has been added to the list of Non-Residential Water Efficiency Standards as a practice to encourage.

8.      Water Efficiency Standards for Existing Non-Residential Uses (Rule 143)

A.    Rule 143-A was amended to bring Showerhead and faucet flow rates in line with New Construction, Change of Ownership, Change of Use, and Expansion of Use requirements. 


B.     Replacement toilets installed in the MPWMD must be HET or more efficient after January 1, 2013.  The State requires that only HET toilets be offered for sale or installed in California as of January 1, 2014.  However, by 2013, 85 percent of toilets for sale in California must be HET. 

C.     Retrofit requirements for Non-Residential uses scheduled for December 31, 2012, were extended for six months to July 1, 2013.  This extension is due to the delay in approval of the Rebate Program funding by the California Public Utilities Commission (CPUC).

9.      Stage 1 Water Conservation (Rule 161)

A.    An obsolete date was deleted from Rule 161.

10.  Landscape Water Audits (Rule 172)

A.    Irrigated public open space has been added to the list of California American Water customers that are required to have a Landscape Water Audit and Landscape Water Budget and to comply with those budgets during Stages 2-4 of the Expanded Water Conservation and Standby Rationing Plan.

B.     The rule was amended to clarify that Landscape Water Budgets required for new Dedicated Irrigation Meters are to be based on the Estimated Applied Water Use as determined by the project’s Landscape and Irrigation System plan.


C.     Two other minor edits related to outdated information were made to Rule 172-B.

D.    Rule 172-E, Landscape Irrigation Restrictions, was amended to clarify the location of a property in the City of Carmel-by-the-Sea.

DISCUSSION:  This ordinance was reviewed by the Water Demand Committee on March 29, 2012.  It will also be provided to the CPUC Division of Ratepayer Advocates (DRA) prior to first reading.  Staff will be completing evaluation of the California Environmental Quality Act (CEQA) implications of the ordinance prior to first reading in April.


RECOMMENDATION:  Staff recommends the Policy and Technical Advisory Committee members discuss the proposals and recommend approval of first reading.  The ordinance has been written with an effective date of July 1, 2012.


IMPACT ON STAFF/RESOURCES:  The changes proposed in this ordinance have minimal impact on staff.  Staff will be conducting outreach within the community, particularly with the Non-Residential users, to publicize notice of the requirements prior to implementation.  The ordinance will also require minor modifications to database programming.  Funding for programming was included in the Fiscal Year 2011-2012 budget.



3-A      Draft Ordinance No. 151