EXHIBIT 2-A

 

DRAFT PROPOSED REVISIONS TO

MPWMD REGULATION XIV, WATER CONSERVATION

 

 

Assumptions

 

1.      The existing conservation regulation will apply to all Water Permits issued up to the date specified in the new regulation.  The same shall apply to and Change of Title/Use.  The ordinance will set a specific date for which the new regulation applies.  For example, if the ordinance is adopted in April 2009, water permits issued after a future date (such as June 1, 2009) would be subject to the new regulation.  Water Permits issued prior to that date would be subject to the existing regulation.  This same theory would apply to Change of Title and Change of Use.

 

2.      The existing conservation requirements will be summarized in the new regulation as a reference for future enforcement of those properties subject to those regulations.

 

New Subdivisions/Developments

 

1.      All new residential and non-residential developments shall be plumbed for future use of recycled water.

 

Residential Efficiency Standards for New Structures:

 

All New Structures receiving a Water Permit after _____________, 2009, shall meet or exceed the following standards:

 

1.      New structures are encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years.  Discuss possible incentives (higher rebates?) for this.  This voluntary program should become a requirement after several years.

 

2.      High Efficiency Toilets shall be installed that have been manufactured to flush with no more than 1.28 gallons-per-flush;  In 2007, California adopted legislation that will lower the allowable flush volume for toilets and urinals to the high-efficiency toilet (HET) and high-efficiency urinal (HEU) standards that many water utilities have been promoting (see EBN Vol. 16, No. 1). These new standards—which reduce the flush-volume limit from the EPAct-mandated 1.6 gallons (6.1 l) to 1.28 gallons (4.8 l) for toilets and from 1.0 gallons (3.8 l) to 0.5 gallons (1.9 l) for urinals—will be phased in starting in 2010, with full implementation by 2014. The Plumbing Manufacturers Institute (PMI), the leading plumbing industry organization in the U.S., supported this measure in California and is advancing the idea of a parallel federal standard.

 

3.      Urinals shall be installed that have been manufactured to flush with no more than 0.125 gpf (one pint) per flush.  Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff.  This standard is greater than High Efficiency Urinals (0.5 gpf).  Ok if UPC listed.  Zero Consumption may require Code variance by jurisdiction. 

 

4.      Showerheads, Rain Bars, or Body Spray Nozzles shall not be installed if the fixture or fixtures are capable of emitting more than 2.0 gallons per minute of water.  Installation of multiple fixtures in one stall shall require timers that allow three minute operating increments.

 

While certain laws, principally EPAct, regulate what can be sold, building codes and plumbing codes regulate how products must be installed. Herein lies an opportunity to fix a loophole that has allowed a major trend in water waste with showers. While the federal limit for showerheads is 2.5 gpm, some custom bath builders and a number of manufacturers get around that limit by installing multiple showerheads in a single shower stall or selling towers that incorporate multiple showerheads and body-spray nozzles. Kohler’s WaterHaven custom shower tower, for example, can deliver more than 10 gpm (38 lpm).

 

California’s recently adopted voluntary green building standards prohibit multiple showerheads in a single stall.

 

5.      Bathroom faucets shall not emit more than 1.5 gallon of water per minute at 60 psi.  The lavatory faucet or lavatory faucet accessory shall not be packaged, marked, or provided with instructions directing the user to an alternative water-use setting that would override the maximum flow rate of 1.5 gpm at 60 psi, as established by this specification;

 

6.      An Instant-Access Hot Water System shall be installed;

 

7.      The use of non-sodium water softeners shall be encouraged in New Construction;

 

8.      Weather-Based Irrigation System Controllers (e.g. Smart Controllers) shall be installed for irrigated landscaping; 

 

9.      Drip Irrigation shall be utilized for watering all non-turf irrigated plantings;

 

10.  Overhead spray irrigation shall be prohibited for watering trees and shrubs;

 

11.  Rainwater collection and cistern systems shall be installed to supplement irrigation when new construction occurs on a vacant legal lot of record.  Guidelines will be included in landscape ordinance when available. 

 

 

 

Non-Residential Efficiency Standards for New Structures:

 

All New Structures receiving a Water Permit after _____________, 2009, shall meet or exceed the following standards:

 

1.      New structures are encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years. 

 

2.      High Efficiency Toilets shall be installed that have been manufactured to flush with no more than 1.28 gallons-per-flush; 

 

3.      Urinals shall be installed that have been manufactured to flush with no more than 0.125 gpf (one pint) per flush.  Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff. 

 

12.  Showerheads, Rain Bars, or Body Spray Nozzles shall not be installed if the fixture or fixtures are capable of emitting more than 2.0 gallons per minute of water.  Installation of multiple fixtures in one stall shall require timers that allow three minute operating increments.

 

4.      Lavatory faucets shall not emit more than 0.5 gallon of water per minute at 60 psi. The Energy Policy Act (EPAct) of 1992 and subsequent EPAct actions limited faucet flows to 2.2-gpm (at 60 psi). In the mid-1990s, however, the U.S. plumbing codes and standards further reduced that maximum flow rate to 0.5-gpm for public (non-residential) applications (the American Society of Mechanical Engineers (ASME) A112.18.1/Canadian Standards Association (CSA) B125.1 Plumbing Supply Fittings).  “Public” applications are defined in those implementing codes as all applications that are not defined as “private”.  The codes (Uniform Plumbing Code, International Plumbing Code, and the National Standard Plumbing Code) each define “private” as inclusive only of fixtures in residences, hotel/motel guest rooms, and private rooms in hospitals.  All other applications are deemed as within the “public” category and subject to 0.5-gallons per minute maximum for lavatory faucets.  This includes such applications as single-tenant and multi-tenant office buildings, schools, gymnasiums, manufacturing facilities, public buildings (including those where the general public is denied access), bars, restaurants, retail stores, and any other type of building that does not fall within the “private” definition.

 

5.      Bathrooms sinks shall be equipped with automatic shut off devices or sensor faucets with a maximum flow of 0.25 gallons per cycle.  Metering faucets for non-public applications are subject to the same codes and standards, all of which set the maximum water use at 0.25 gallons per cycle.  That is, the “on-off” cycle (or time during which the faucet is on) cannot result in a total flow in excess of 0.25 gallons of water.

 

6.      Ultra Low Consumption commercial washing machines shall be required when a washer is installed in a New Structure permitted under this Regulation.  Need to specify rating.

 

7.      Ultra Low Consumption commercial dishwashers shall be required when a dishwasher is installed in a New Structure permitted under this Regulation.  Need to specify qualifying criteria.

 

8.      Instant-Access Hot Water System(s) shall be installed for hot water access points to ensure that hot water is available within ten (10) seconds;

 

9.      The use of non-sodium water softeners shall be encouraged in New Construction;

 

10.  The implementation of Best Management Practices shall be integrated into construction and operation of the project to the extent possible. 

 

11.  Water Efficient Pre-Rinse Spray Valves (add definition “cleaning time of 26 seconds or less at 1.6 gpm (at 60 psi)”) shall be utilized when a pre-rinse spray valve is installed.  The federal Energy Policy Act of 2005 established a limit of 1.6 gallons per minute (gpm) for pre-rinse spray valves, which are used to remove food scraps from dishes in commercial kitchens. EPAct 2005 also established, for the first time, a maximum water factor (gallons per wash cycle per cubic foot of capacity) for commercial dishwashers (setting that maximum at 9.5).

 

12.  There shall be no single-pass water use systems in ice machines, hydraulic equipment, refrigeration condensers, x-ray processing equipment, air compressors, vacuum pumps, etc.  Air-cooled or better technology shall be installed when available. 

 

13.  Water cooled refrigeration equipment shall be prohibited when there is alternative cooling technology available at the time the Water Permit is issued.  Most of this equipment has air-cooled options available. Additionally, the user can recirculate cooling water to reduce waste.

 

14.  Boiler-less steamers or connectionless steamers shall be installed in place of boiler-based steamers.  Steamers are commonly used in schools, hotels, hospitals and many restaurants for large-scale cooking of vegetables, fish, rice and steamed foods. Most food service establishments use the boiler-based atmospheric steamer. These are "zero pressure" steamers where steam is injected into the cooking chamber. These units typically use between 20 and 40 gallons of potable water per hour while in operation.

 

New boiler-less steamers, sometimes called connectionless steamers, are jacketed. The cooking chamber and steam chamber are separated and the condensate is returned and reused. The steamers use much less water than atmospheric steamers, typically 2-3 gallons per hour. Because of the significant energy savings associated with units, EPA has granted Energy Star ratings to many of these units.

 

15.  Weather-Based Irrigation System Controllers (e.g. Smart Controllers) shall be installed for irrigated landscaping; 

 

16.  Drip Irrigation shall be utilized for watering all non-turf irrigated plantings;

17.    Overhead spray irrigation shall be prohibited for watering trees and shrubs;

18.    Rainwater collection and cistern systems shall be installed to supplement irrigation when new construction occurs on a vacant legal lot of record. Guidelines will be included in landscape ordinance when available. 

 

Change of Ownership or Modification of an Existing Water Distribution System (e.g. Project that Require a Water Permit

 

1.      High Efficiency Toilets shall replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or issuance of a Water Permit; 

 

2.      Urinals designed to use no more than 0.125 gpf (one pint) per flush shall replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement.  Excepted urinals shall retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible.  Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff;

 

3.      Showerhead flow rates shall meet or exceed new construction standards;

 

4.      Bathroom faucet flow rates shall meet or exceed new construction standards;

 

5.      Kitchen faucet flow rates shall meet or exceed new construction standards;

 

6.      Existing automatic irrigation controllers shall be replaced with Weather Based Irrigation Controllers (e.g. Smart Controllers) upon Change of Ownership and as a condition of any Water Permit.  Sellers shall provide new owners with a one-year subscription for the controller (when needed), shall be given instructions on the use of the controller and shall be given notice of the requirement to maintain the water efficient irrigation technology.  MPWMD and CAW staff will verify programming during Site visits.

 

7.        The implementation of Non-Residential Best Management Practices shall be integrated into construction and operation of any New Structure to the extent possible. 

 

Non-Residential Change of Use

The items proposed under this heading apply to Non-Residential uses that change from one type of use to another (i.e. retail to restaurant, or deli to retail).  There are no requirements for Smart irrigation technology proposed under this heading because most Change of Use occurs as the result of tenant changes.

 

1.      High Efficiency Toilets shall replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or issuance of a Water Permit; 

 

2.      Urinals designed to use no more than 0.125 gpf (one pint) per flush shall replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement.  Excepted urinals shall retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible.  Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff;

 

8.      Showerhead flow rates shall meet or exceed new construction standards;

 

9.      Bathroom faucet flow rates shall meet or exceed new construction standards;

 

10.  Kitchen faucet flow rates shall meet or exceed new construction standards;

 

11.  The implementation of Best Management Practices shall be integrated into operation of the project to the extent possible. 

 

 

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