EXHIBIT 2-A
CONCEPTUAL DRAFT ORDINANCE
NO. XXX
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING RULE
25.5 WATER USE CREDITS AND ON-SITE WATER CREDITS
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
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 responds to present and threatened water
emergencies, as provided by Section 332 of the District Law. Water emergencies addressed by this ordinance
are created by legal circumstances which constrain the amount of water that is
available to serve water users in the
4.
This ordinance refines the District’s calculation of Water
Credits associated with Non-Residential Sites with development plans to change
the character of the water use from Non-Residential to Residential.
5.
Non-Residential water use is calculated using factors that
are based on regional averages and that may or may not reflect the actual water
use history of a Site. This ordinance
attempts to equalize the difference between actual consumption and theoretical
Water Use Capacity.
6.
Residential water use tends to be more consistent in use and
does not fluctuate as compared to variations that may occur in Non-Residential
uses.
7.
District Rule 25.5 shall be republished upon adoption of this
ordinance.
8.
(Add CEQA Finding after Project is defined)
NOW THEREFORE be it ordained as follows:
Section One: Short
Title
This ordinance shall be
known as the 2010 Non-Residential Water Credit Amendment Ordinance of the
Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the methods
used by the District to calculate the Water Use Credit for Sites converting
from a Non-Residential Use to a Residential Use. It has been determined that there is a
potential variation in the amount of water used by Non-Residential Uses as
opposed to Residential Uses. This
ordinance attempts to equitably balance the historical variable water use of
Non-Residential water consumption calculated using regional averages as the
former Non-Residential water use is translated to Residential demand.
Section Three: Amendment to Rule 25.5, Water Use Credits and On-Site Water
Credits
Rule 25.5 shall
be amended as shown below, with added language as shown in bold italic type face,
and deleted language shown in strikeout type face.
RULE
25.5 - WATER USE CREDITS AND ON-SITE WATER CREDITS
A. Except where a Water Permit has been
abandoned, expired, Revoked, Suspended, or canceled under these Rules, a Person
may receive a Water Use Credit for the permanent abandonment of some or all of
the prior water use on that Site by one of the methods set forth in this
Rule. Water Use Credits shall be documented
by written correspondence between the District and the property owner, and
shall remain valid unless prohibited by this Rule. Water Use Credits shall not be documented by
notice on a property title, except as specified in Rule 25.5-G. Except as allowed by Rule 28, Water Use
Credits shall not be transferable to any other Site.
B. Water savings resulting from mandatory
District programs, including water savings resulting from the installation of
Low Water Use Plumbing Fixtures Mandated by the District, shall not result in a
Water Use Credit. Such savings shall be
set aside as permanent water conservation savings essential to the District’s
15 percent conservation goal approved by the Board in March 1984.
C. A Water Use Credit may be applied to and
shall allow future water use on that Site at any time within a period of 60
months. After the 60th month, the
General Manager shall allow renewal of this Water Use Credit only upon
verification that some or all water savings represented by that credit are current
(i.e. no Water Permit or other use or transfer of the Water Use Credit has
occurred). If all savings are not
current, a pro-rata reduction shall occur.
A single renewal period of 60 months shall be allowed; thereafter any
remaining unused Water Use Credit shall expire.
D. A Water Use Credit on a Redevelopment
Project site may, in addition to the time limits and in the manner set forth
above, have its expiration date extended for two (2) additional periods of
sixty (60) months each, to afford any such Redevelopment Project a maximum
period of two hundred forty (240) months to use that credit.
E. The following types of Permanent
Abandonment of Capacity shall qualify for a Water Use Credit under this Rule:
1. Demolition
of a building or use that has been recognized by the District as being a lawful
water use;
2. Permanent
disconnection of a lawful water use from a Water Distribution System;
3. Residential
removal of water fixtures;
4. Permanent
installation of non-Mandated water fixtures or appliances.
5. Change of a Non-Residential use to a
Residential use.
F. To determine a Water Use Credit, the
General Manager shall:
1. Verify that the reduction is one which
is permanent (i.e. Permanent Abandonment of Use).
2. Quantify the Water Use Capacity of the
Site using the water use factors from Rule 24, Tables 1 and/or 2. If no factor is available on Table 2 or if
the use is substantially different than any of the uses shown on Table 2, the
General Manager may make an estimate based upon water records showing the
average use over a minimum of the past ten years.
3. Grant a Water Use Credit for the
permanent removal of water using fixtures providing that the fixture was
properly and lawfully installed. Credit
for fixtures listed in Rule 24-A-2 shall only receive a Water Use Credit upon
evidence of a Water Permit showing a debit to a Jurisdiction’s Allocation and
payment of related Connection Charges.
a. Water Use Credits for multiple
Showerheads shall be limited to a maximum of four (4) fixture units per
Separate Stall Shower or Bathtub. A
Shower System shall be considered a component of a Separate Stall Shower or
Bathtub for purposes of this Rule.
b. Credit shall not be given for any
reduction which occurs as the result of the removal of Landscaping installed
without a Water Permit or installed pursuant to a Water Permit for New
Construction. An exception to this
limitation shall be made for Non-Residential Landscaping that was specifically identified,
quantified, and permitted by the District.
Any Water Use Credit granted under this subdivision shall be determined
using the Estimated Applied Water for the increment of Landscaping being
permanently abandoned.
4. Quantify the water use reduction (the
abandoned Capacity) using the following methods:
a. Residential Water Use Credit for
demolitions, permanent disconnection of water service, and permanent removal of
water fixtures shall be determined using the Fixture Unit Values from Rule 24,
Table 1: Residential Fixture Unit Count Values.
b. Residential Water Use Credits shall
only be granted for installation of ultra-low consumption appliances. Table 4: Ultra-Low Consumption Appliance
Credits shall list the ultra-low consumption appliances and the quantity of
Water Use Credit available for the permanent installation of the
appliance. This table shall be amended
by Resolution of the Board of Directors.
TABLE
4: ULTRA-LOW CONSUMPTION APPLIANCE[S1] CREDITS
|
Appliance |
Description |
Water Use
Credit in
Acre-Feet |
|
High Efficiency Toilets |
A toilet designed to have a maximum average
flush of 1.28 gallons. |
0.004 AFA |
|
Instant-Access Hot Water System |
A recirculating hot water system or other
device that results in hot water contact at every point of access throughout
the structure within ten (10) seconds. |
0.005 AFA |
|
Ultra-Low Consumption Dishwasher |
A dishwasher designed to use a maximum of
7.66 gallons during every complete cycle. |
0.005 AFA |
|
High Effi Washing Machine (18-28 gallons) |
A washing machine designed to use a maximum
of 28 gallons during every complete cycle. |
0.005 AFA |
|
Ultra-Low Consumption Washing Machine (18
gallons maximum) |
A washing machine designed to use a maximum
of 18 gallons during every complete cycle. |
0.01 AFA |
|
Ultra-Low Flush Half Gallon-Per-Flush
Toilet |
A toilet designed to use a maximum of half
gallon of water per flush. |
0.007 AFA |
c. Non-Residential
Water Use Credit for demolition and for permanent disconnection of water
service shall be determined using Table 2: Non-Residential Water Use
Factors. When the Water Use Capacity is
greater than one (1) Acre-Foot, the documented eight (8) year water use average
prior to the date of Permanent Abandonment of Capacity shall be factored into
the calculated credit. The average of
(1) the eight (8) year average and (2) the Water Use Capacity determined by
Table 2: Non-Residential Water Use Factors shall be the Water Use Credit.
d. Non-Residential
Water Use Credit for retrofits with Ultra-Low Consumption Technology shall be
documented under the following circumstances and shall be granted for the
increment of water savings beyond the water savings anticipated from the
installation of Low Water Use Plumbing Fixtures and other District mandates:
(1) Application
for Water Use Credit Post-Retrofit. The
Applicant shall submit clear and convincing evidence of water savings. This shall be accomplished by providing
the District with a minimum of ten (10) years of documented pre-retrofit water
history for the use from the Water Distribution System (i.e. bills or
correspondence from the Water Distribution System Operator) along with two or
more years of post-retrofit water history for the use (i.e. bills or
correspondence from the Water Distribution System Operator). When ten years of water history for a use is
unavailable or when less than two years of post-retrofit water history is
available, the Applicant shall obtain an independent third party’s review of
the projected water savings. The District shall maintain a list of Persons
qualified to prepare a third party water conservation analysis. In all cases, the District shall verify the
installation of Ultra-Low Consumption Technology by conducting an inspection.
(2) Application
for Water Use Credit Pre-Retrofit. The
Applicant shall submit clear and convincing evidence of water savings. This shall be accomplished by providing
the District with a minimum of ten (10) years of documented pre-retrofit water
history for the use from the Water Distribution System (i.e. bills or
correspondence from the Water Distribution System Operator) to establish a
baseline consumption level. When ten
years of pre-retrofit water history for a use is unavailable, the factor from
Rule 24, Table 2: Non-Residential Water Use Factors shall be used as the
historic use baseline. To substantiate
projected water savings resulting from the proposed retrofit(s), the Applicant
shall submit additional documentation to support the estimated water
savings. Finally, the Applicant shall
obtain aAn independent third party’s review may be required to verify of
the projected water savings. The District shall maintain a list of Persons
qualified to prepare a third party water conservation analysis. In all cases, the District shall verify the
installation of Ultra-Low Consumption high efficiency Technology
by conducting an inspection.
(3) When a
Non-Residential Water Use Credit is requested for a Site that cannot
demonstrate that the Site was equipped with Low Water Use Plumbing Fixtures
Ultra
Low Flush Toilets or High Efficiency Toilets, and water efficient showerheads
and faucet aerators for at least ten (10) years prior to the
retrofit or as required by District law the full period of the water
records used, there shall be a 15 percent reduction of the final calculated
Water Use Credit.
(4) In the
event that the General Manager disagrees with the amount of water savings
resulting from the installation of high efficiency Ultra-Low
Consumption Ttechnology,
the complete Water Use Credit application shall be presented to the Board for further
consideration.
G. A valid
Water Use Credit may provide the basis for the General Manager to issue a Water
Permit for new, modified, or Intensified Water Use on that Site.
1. There shall
be no Connection Charge assessed for any Water Use Credit. Connection Charges, however, shall apply to
the Capacity for water use which exceeds the Water Use Credit, or for any
Expansion of Use following the expiration of the Water Use Credit.
2. Use of a
documented Water Use Credit to offset an Expansion of Use shall cause
recordation of a Notice and Deed Restrictions Regarding Limitation on Use of Water on
a Property and Public Access to Water Use Data.
3. No
Connection Charge refund shall accrue by reason of a water use reduction or
abandonment of Capacity, whether or not reflected by a Water Use Credit.
4. Issuance of
a Water Use Credit shall not result in any change to a Jurisdiction’s
Allocation or to any Water Entitlement.
Use of any Water Use Credit shall similarly not result in a change to a
Jurisdiction’s Allocation or any Water Entitlement.
H. When a Water
Use Credit on a Site results from demolition of a building that straddled a lot
line, the property owner shall specify in writing the quantity of water credit
assigned to each of the lots formerly occupied by that building. This designation shall be recorded upon the
title of each of the lots.
I. A Water
Use Credit shall enable reuse of saved water on the Site.
1. Water Use
Credits may be moved between one or more structures on the same Site or may be
used to construct new uses on the same Site.
2. The
District shall not require an additional increment of water for exterior water
usage on a Vacant Lot or lot containing an uninhabitable structure when the
owner of the Site has submitted clear and convincing evidence of Landscaping
and irrigation that was installed by and has been consistently maintained since
March 11, 1985. Examples of acceptable
evidence are dated photographs, official documents, permits or correspondence
of the Jurisdiction, receipts or invoices for gardening services or purchases
related to Landscaping and maintaining Landscaping on the Site.
3. A Water Use
Credit for disconnection from a Potable Water Distribution System shall be
granted by the General Manager only upon the removal of the Connection and
written confirmation of such removal by the Water Distribution System Owner or
Operator.
J. An On-Site
Water Credit resulting from the non-permanent removal of a lawful use that
occurred on or after March 1, 1985, may be applied to, and shall allow, the
future reuse of that increment of water on that Site for the former type of use. A change in use from Non-Residential to
Residential shall be subject to the calculation of Water Use Credit outlined in
Rule 25.5-F-4-c. A Water Permit for
reinstating the former use shall be required and allowed. Any remaining On-Site Water Credit shall
become a Water Use Credit upon verification of change in use and shall be
subject to the time limitations thereof.
Section Four: 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.
This ordinance shall take effect at 12:01 a.m. on the 1st day
of June 2010.
This Ordinance shall not have a sunset date.
Section Six: 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 __________, and
second by Director ____________, the foregoing ordinance is adopted upon this
______ day of ________________, 2010, by the following vote:
AYES:
NAYS:
ABSENT:
I, ____________________, 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 _____________ 2010.
Witness my hand and seal of the Board of Directors
this ________ day of ____________ 2010.
Darby
W. Fuerst, Secretary to the Board
U:\staff\word\committees\waterdemand\2010\20100326\02\item2_exh2a.doc
[S1]Verify that Rule 25.5 is the post-Ordinance No. 142 version in the final draft ordinance.