EXHIBIT 3-B

 

OUTLINE OF

PROPOSED REVISIONS TO

MPWMD REGULATION XIV, WATER CONSERVATION

Aug 25,  2009

 

 

Assumptions

 

1.      The existing conservation regulation will apply to all Water Permits issued up to the date specified in the new regulation.  The same will apply to and Change of Title/Use.  The ordinance will set a specific date for which the new regulation applies.  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.  In the past, changes to rules resulted in deletion of previous requirements, making it difficult for permit-holders to ensure compliance with the rules in effect at the time the permit is issued.

 

3.      Proposed increased conservation measures may impact the availability of Water Credits for a property has had a Change of Ownership or Change of Use or was New Construction after the effective date of the ordinance.  Tables 1 and 4 will be amended effective January 1, 2010.  The local building departments will be notified of this change immediately upon adoption of the ordinance (in September).

 

4.      Documented Water Use Credits issued prior to January 1, 2010 for retrofits required by this regulation will be honored until the credit expires.

 

5.      MWPMD will be referring to WaterSense labeling (a partnership program sponsored by the U.S. Environmental Protection Agency) and Water Factor ratings for Washing Machines and Dishwashers to be consistent with requirements and recommendations of the California Urban Water Conservation Council.

 

 

NEW DEFINITIONS

 

Best Management Practices

Cooling Tower

Day Spa

High Efficiency Commercial Dishwasher

High Efficiency Urinal

Rotating Sprinkler Nozzle

Pint Urinal

Single Pass Cooling System

Water Efficient Ice Maker

Water Efficient Pre-Rinse Spray Valve

Water Factor

Weather Based Irrigation Controller

 

 

AMENDED DEFINITION

 

Ultra Low Consumption Dishwasher changed to High Efficiency Dishwasher

Ultra Low Consumption Washing Machine changed to High Efficiency Washers

 

 

DELETED DEFINITION

 

Low Water Use Plumbing Fixtures

 

 

RESIDENTIAL WATER EFFICIENCY STANDARDS FOR NEW STRUCTURES:

 

Current Standards (Rule 142):

 

ULF (1.6 gallons per flush toilets)

1.0 gallon per flush urinals (when installed)

2.5 gallons per minute (gpm) showerheads

2.2 gpm faucet aerators

Instant-Access Hot Water System

Drip Irrigation where appropriate

 

Proposed Standards:

 

In addition to the current standards, after January 1, 2010, the following measures are proposed for Residential New Structures:

 

1.      High Efficiency Toilets (i.e. a toilet designed with a maximum average flush of 1.28 gallons).  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 u8hmandated 1.6 gallons to 1.28 gallons for toilets and from 1.0 gallons to 0.5 gallons 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.

 

2.      Urinals, when installed in a Residential use, have a maximum of 0.125 gallons per flush (gpf) (one pint).  Zero Water Consumption.  This standard is greater than High Efficiency Urinals (0.5 gpf).   

 

3.      Showerheads, Rain Bars, or Body Spray Nozzles manufactured to emit a maximum of 2.0 gallons per minute of water. 

 

4.      Multiple Showerheads in one stall requires timers for each Showerhead, Rain Bar, or Body Spray Nozzle, with a maximum three minute operating increment.  California’s recently-adopted voluntary green building standards prohibit multiple showerheads in a single stall.

 

5.      Lavatory Sink faucets are to be fitted with aerators manufactured to emit less than 1.5 gallons of water per minute at 60 psi;

 

6.      High Efficiency Washers with Water Factor ratings of 5.0 or less will be installed and maintained on the Site when a Washing Machine is permitted by a Water Permit;

 

7.      High Efficiency Dishwashers will be installed and maintained on the Site when a Dishwasher is permitted by a Water Permit;

 

8.      Instant-Access Hot Water System(s) will be installed to provide hot water at any hot water access point within ten (10) seconds;

 

9.      All hot water pipes must be fully insulated. 

 

10.  Sodium chloride (salt) water softeners are discouraged in New Construction.  Alternative technologies, such as potassium chloride, will be recommended.  When a sodium chloride water softener is to be installed within the MPWMD, the unit will use demand-initiated regeneration which senses when the resin must be recharged, either electronically or with a meter that measures and calculates usage. The DIR system saves on softening pellets and backwash water because it doesn't recharge unless necessary.

 

11.  All New Construction will install and maintain Landscaping that complies with the State Model Landscape Ordinance as revised or with local landscape requirements if more restrictive.

 

12.  Irrigation System.

 

a.       Weather-Based Irrigation System Controllers (e.g. Smart Controllers) will be installed, used and maintained on Sites with where there is an Irrigation System serving an area greater than 2,000 square-feet; 

 

b.      Rain Sensors will be installed on all other Irrigation Systems that operate with an irrigation controller.  Note that irrigated areas of greater than 2,000 square-feet require a Weather-Based Irrigation Controller.

 

c.       Soil Moisture Sensors will be encouraged for Irrigation Systems that have an automatic Irrigation System controller;

 

d.      Drip Irrigation is to be utilized for watering all non-turf irrigated plantings;

 

e.       Water efficient spray heads that rotate while emitting multiple distinct streams of water at one-third of the rate of conventional spray heads or subsurface irrigation must be utilized for turf irrigation;

 

f.        Overhead spray irrigation is not be used for irrigation of non-turf Landscaping, including trees and shrubs;

 

g.       Rainwater collection/irrigation systems will be encouraged to supplement irrigation for new Landscaping. New Structures will be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years.  Systems must be compliant with local catchment system standards. 

 

 

NON-RESIDENTIAL WATER EFFICIENCY STANDARDS FOR NEW STRUCTURES:

 

Current Standards (Rule 142):

 

ULF (1.6 gallons per flush toilets)

1.0 gallon per flush urinals (when installed)

2.5 gallons per minute (gpm) showerheads

2.2 gpm faucet aerators

Instant-Access Hot Water System

Drip Irrigation where appropriate

 

Proposed Standards

 

In addition to the current standards, after January 1, 2010, the following measures are proposed for Non-Residential New Structures:

 

1.      High Efficiency Toilets; 

 

2.      Urinals with a maximum 0.125 gpf (one pint) flush.  Zero Water Consumption Urinals are encouraged in settings where there is a regular maintenance staff. 

 

3.      Shower fixtures must be equipped with scald protection valves rated for 2.0 gallons per minute showerheads;

 

4.      Showerheads, Rain Bars, or Body Spray Nozzles must emit no more than 2.0 gallons per minute of water.  Multiple fixtures in one stall require timers that allow three minute operating increments.

 

5.      Public Lavatory faucets will be set to emit no more than 0.5 gallon of water per minute at 60 psi in all applications other than residences, hotel/motel guest rooms, and private rooms in hospitals.  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, etc.

 

6.      Public Lavatory Sinks are to be equipped with automatic shut off devices or sensor faucets that operate with a maximum flow of 0.25 gallons per cycle. 

 

7.      High Efficiency Washers with Energy Star water factors of 5.0 or less. 

 

8.      High efficiency commercial dishwashers will be required when a dishwasher is installed in a New Structure.  Specific qualifying criteria to be developed.

 

9.      Instant-Access Hot Water System(s) will be installed to provide hot water at any access point within ten (10) seconds.

 

10.  Hot water pipes must be fully insulated.

 

11.  Sodium chloride (salt) water softeners are discouraged in New Construction.  Alternative technologies, such as potassium chloride, will be recommended.  When a sodium chloride water softener is to be installed within the MPWMD, the unit will use demand-initiated regeneration which senses when the resin must be recharged, either electronically or with a meter that measures and calculates usage.

 

12.  The implementation of water conservation Best Management Practices is to be integrated into construction and operation of the project to the extent possible.

 

13.  Water Efficient Pre-Rinse Spray Valves will 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).

 

14.  Ice machines, hydraulic equipment, refrigeration condensers, x-ray processing equipment, air compressors, vacuum pumps, etc. are not to utilize single-pass water use systems.  Air-cooled or better technology will be installed when available. 

 

15.  Water cooled refrigeration equipment is prohibited when an alternative cooling technology is 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.

 

16.  Cooling Towers must be equipped with ph conductivity controllers that are used to increase the number of cycles that can be achieved.  A conductivity controller can continuously measure the conductivity of the cooling tower water and discharge water only when the conductivity set point is exceeded.

 

17.  Boiler-less steamers or connectionless steamers will be installed in place of boiler-based steamers when a steamer is installed in New Construction.  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.

 

18.  New Construction must install and maintain Landscaping that complies with the State Model Landscape Ordinance as revised or with local landscape requirements if more restrictive.

 

19.  Irrigation System.

 

a.       Weather-Based Irrigation System Controllers (e.g. Smart Controllers) will be installed, used and maintained on Sites with where there is an Irrigation System serving an area greater than 2,000 square-feet; 

 

b.      Rain Sensors will be installed on all other Irrigation Systems that operate with an irrigation controller.  Note that irrigated areas of greater than 2,000 square-feet require a Weather-Based Irrigation Controller.

 

c.       Soil Moisture Sensors will be encouraged for Irrigation Systems that have an automatic Irrigation System controller;

 

d.      Drip Irrigation will be utilized for watering all non-turf irrigated plantings;

 

e.       Water efficient spray heads that rotate while emitting multiple distinct streams of water at one-third of the rate of conventional spray heads or subsurface irrigation must be utilized for turf irrigation;

 

f.        Overhead spray irrigation is not be used for irrigation of non-turf Landscaping, including trees and shrubs;

 

g.       Rainwater collection/irrigation systems will be encouraged to supplement irrigation for new Landscaping. New Structures will be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years.  Systems must be compliant with local catchment system standards. 

 

 


CHANGE OF OWNERSHIP OR MODIFICATIONS TO AN EXISTING WATER DISTRIBUTION SYSTEM (E.G. PROJECTS THAT REQUIRE A WATER PERMIT)

 

Current standards:

ULF (1.6 gallons per flush toilets)

1.0 gallon per flush urinals (when installed)

2.5 gallons per minute (gpm) showerheads

2.2 gpm faucet aerators

 

Proposed Standards for Change of Ownership or Modifications that Require a Water Permit

 

In addition to the current standards, after January 1, 2010, the following measures are proposed for Change of Ownership and modifications that require a Water Permit:

 

1.      High Efficiency Toilets are to replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or Change of Use.

 

2.      Urinals designed to use no more than 0.125 gpf (one pint) per flush will replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement.  Exempted urinals must be retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible.  Zero Water Consumption Urinals will be encouraged (not required) in settings where there is a regular maintenance staff;

 

3.      Showerhead flow rates will meet or exceed New Construction standards;

 

4.      Bathroom faucet flow rates will meet or exceed New Construction standards;

 

5.      Kitchen faucet flow rates will meet or exceed New Construction standards;

 

6.      Modifications that involve hot water trigger a requirement for an Instant-Access Hot Water System.

 

7.      All new or replaced hot water pipes must be insulated.

 

8.      When a Site has pre-rinse spray valves, Water Efficient Pre-Rinse Spray Valves must be installed;

 

9.      Automatic irrigation systems must be equipped with a Rain Sensor upon Change of Ownership and as a condition of any Water Permit;

 

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

 

11.  Changes of Use and Expansions of Use that require a Water Permit shall not utilize or install any 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;

 

12.  Changes of Use and Expansions of Use that require a Water Permit shall not utilize or install any Water cooled refrigeration equipment when there is alternative cooling technology available at the time the Water Permit is issued;

 

13.  Automatic irrigation systems, with the exception of Weather-Based Irrigation Systems, shall be retrofit to include a Rain Sensor.

 

 


NON-RESIDENTIAL CHANGE OF USE

Current standards:

 

ULF (1.6 gallons per flush toilets)

1.0 gallon per flush urinals (when installed)

2.5 gallons per minute (gpm) showerheads

2.2 gpm faucet aerators

 

Proposed Standards for Non-Residential Change of Use

 

In addition to the current standards, after January 1, 2010, the following measures are proposed for Non-Residential Change of Use:

 

1.      High Efficiency Toilets will 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 are to replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement.  Excepted urinals will retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible.  Zero Water Consumption Urinals will be encouraged in settings where there is a regular maintenance staff;

 

3.      Showerhead flow rates will meet or exceed New Construction standards;

 

4.      Bathroom faucet flow rates will meet or exceed New Construction standards;

 

5.      Kitchen faucet flow rates will meet or exceed New Construction standards;

 

6.      Water Efficient Pre-Rinse Spray Valves will be utilized when a pre-rinse spray valve is installed; 

 

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

 

 


MANDATORY CONSERVATION REQUIREMENTS (Rule 143)

Current standards (apply to Non-Residential uses only):

 

Non-Residential Water Users must have 2.5 gallons-per-minute faucet aerators and showerheads;

 

Toilets which exceed 3.4 gallons-per-flush must have a one-gallon reduction device installed;

 

Visitor-Serving Facilities must be retrofitted with Ultra-Low Flush Toilets.

 

Proposed Conservation Requirements

 

In addition to the current standards, after January 1, 2010, the following conservation requirements are proposed:

 

1.      High Efficiency Toilets are to be installed exclusively in the District after January 1, 2010.

 

2.      Any person who purchases and installs an automatic Irrigation System that is not a Weather-Based Irrigation System will be encouraged to install and maintain a Rain Sensor on the system. Rain sensors are available for approximately $30 wherever irrigation supplies are sold, and are available at no cost to MPWMD water Users from MWPMD.  A homeowner or irrigation professional can install them.

 

3.      Visitor-Serving Facilities shall, by December 31, 2012, be retrofitted exclusively with High Efficiency Urinals, High Efficiency Washers, and Water Efficient Ice Makers.  There is an exception to this rule when the Washing Machine or ice maker meets Energy Star specifications and was purchased and installed between January 1, 2007 and January 1, 2010:  These appliances must comply with this provision by January 1, 2020.

 

4.      All Non-Residential structures constructed before January 1, 2010 shall be retrofitted exclusively with High Efficiency Toilets by December 31, 2012, except as provided by Rule 146 (Discretionary Exemptions).  All Visitor-Serving Facilities that retrofit to 1.6 gallons-per-flush toilets pursuant to Rule 143-A-1 (Visitor-Serving Facilties) or where 1.6 gallons-per-flush toilets were installed prior to January 1, 2010 will be exempt from this requirement. Replacement of Ultra-Low Consumption Toilets after January 1, 2010 shall be with High Efficiency Toilets. All Non-Residential structures must comply with this provision by January 1, 2020.

 

5.      By December 31, 2012, all Non-Residential laundry facilities shall be equipped exclusively with High Efficiency Washers rated with a Water Factor of 5.0 or below. There is an exception to this rule when the existing appliance was purchased between January 1, 2006 and January 1, 2010 and rates a Water Factor of 5.1-6.0:  These appliances must comply with this provision by January 1, 2020.

 

6.      Non-Residential Car Washes. By December 31, 2012, all Non-Residential car wash facilities will recycle and reuse a minimum of 50 percent of the water used in the wash and rinse cycles.  This is currently required for commercial car washes through the District’s Water Waste rules.

 

7.      Mobile Water Distribution Systems must use water meters at the Source of Supply.  Records of the location and quantity of water delivered shall be provided by the Owner or Operator to MPWMD upon request of the General Manager.

 

8.      By July 1, 2010, all Non-Residential facilities that utilize one or more Pre-Rinse Spray Valves will install and maintain Pre-Rinse Spray Valves that flow at a maximum of 1.6 gallons per minute.

 

9.      Hotel/motel guest rooms must utilize towel and linen reuse programs, whereby towels and linens are changed every three days or as requested by action of the guest. 

 

10.  Visitor-Serving Facilities are not to serve water to guests except upon request.  This is currently a requirement and is shown in the Water Waste definition in Rule 11.

 

MANDATORY CONSERVATION MESSAGING REQUIREMENTS (Rule 154)

Current standards:

 

All Visitor-Serving and Public and Quasi-Public Facilities must display in visible locations in all restrooms, kitchens, and dining areas, placards or decals promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.

 

The owner and/or manager of each rental property must provide a pamphlet, brochure, or other literature to current and future tenants that list the water conservation requirements, including the Water Waste and Non-Essential Water Use regulations of the District.

 

Proposed Conservation Messaging Requirements

 

In addition to the current standards, after January 1, 2010, the following messaging requirements are proposed:

 

1.      Visitor-Serving Facilities will provide written notice that drinking water is available only upon request on the table(s) or menu(s) of each facility. This is currently a requirement and is shown in the Water Waste definition in Rule 11.

 

2.      Areas utilizing alternative sources of irrigation water (i.e. purified recycled water, subpotable/nonpotable water, rainwater and graywater, etc.) are to be encouraged to provide notice of the alternative supply, either by erecting a sign in compliance with local codes or by identifying the alternative supply in other venues such as in newsletters, websites, etc.

 

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