WATER DEMAND COMMITTEE

 

ITEM:

DISCUSSION ITEM

 

4.

DISCUSS DEVELOPMENT OF ORDINANCE TO INCORPORATE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE INTO DISTRICT RULES

 

Meeting Date:

April 7, 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:  N/A

Committee Recommendation: N/A

CEQA Compliance: N/A

 

SUMMARY:  MPWMD Rule 142 requires compliance with the State’s Model Water Efficient Landscape Ordinance (MWELO).  Changes to the MWELO in 2015 were brought to the Board as elements of draft Ordinance No. 170 at the March 2016 Board meeting.  The Board directed staff to separate the MWELO from the other items in the ordinance, to discuss the MWELO with the Legislative Committee.

The Legislative Committee discussed the MWELO on March 29, 2015.  The Committee recommendation was to convene the Technical Advisory Committee (TAC), list the current landscaping requirements and then show them the burden they would incur if they were to take responsibility for implementation of the state regulations.  The Committee also directed that staff should advise the TAC members that if they decide it is appropriate for regional implementation of the landscape regulations, each Jurisdiction should submit a letter to the District requesting that MPWMD be the regional agency to report to the Department of Water Resources.

District staff has been also contacting each Jurisdiction to determine if there are elements of the MWELO Landscape Documentation Package that should be the responsibility of the Jurisdiction (e.g. grading plans and design elements that may be required by an individual Jurisdiction).  Staff is also coordinating with Monterey County to ensure that there is no conflict between the County’s landscape ordinance and the District’s.  As MPWMD already has the compliance with MWELO as a Water Permit requirement, staff proposes that the full language of the MWELO, as amended and discussed above, be incorporated into the Rules as a stand-alone rule.

HISTORY:  Assembly Bill 1881 (2006 - Laird) adopted the first MWELO on September 10, 2009.  AB 1881 required agencies to implement MWELO or create their own ordinance that was at least as stringent by January 1, 2010.  MPWMD adopted a regional WELO November 16, 2009 (Ordinance 141) that is found in Rule 142, Water Efficiency Standards.

On April 1, 2015, Governor Brown ordered DWR (Executive Order B-29-15) to update the MWELO. A revised MWELO was adopted after considerable stakeholder input by the State on September 15, 2015.  All agencies were directed to implement the changes by December 1, 2015, and to report on local adoption by March 1, 2016 if a regional approach was taken.  At the September 21, 2015 TAC meeting, the TAC voted that the MWELO should be implemented by the District as a regional measure.  MPWMD reported to DWR that it would be reporting for the region (MPWMD) and reported as required on March 1, 2016.

RECOMMENDATION:  It is recommended that staff report back to the Water Demand Committee after the TAC meeting.  Although MWELO compliance is currently in the Rules and Regulations, the full body of the regulation is not codified.  Staff recommends that a draft ordinance be prepared for consideration that includes the regulation, including amendments by Monterey County, so there is no confusion as to the local implementation.

 

EXHIBIT

None

 

 

 

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