ITEM: PUBLIC HEARINGS

14. CONSIDER FIRST READING OF ORDINANCE NO. 112 - AMENDING BASELINE WATER CONSERVATION REQUIREMENTS AND AMENDING AND REPUBLISHING RULES 11, 142, AND 144

Meeting Date: October 30, 2003 Budgeted: NA

Program/Line Item No.: NA

Staff Contact: Stephanie Pintar Cost Estimate: NA

General Counsel Approval: Reviewed ordinance text and concurred.

Committee Recommendation: The Water Demand Committee reviewed the ordinance on October 10 and 16, 2003 and unanimously supports the ordinance.

CEQA Compliance: Staff is preparing an Initial Study and Negative Declaration.

SUMMARY: Draft Ordinance No. 112 (Exhibit 14-A) amends the District’s baseline water conservation requirements by reducing water consumption in new construction, changes of ownership or use, and expansions of use. The proposed ordinance also amends and clarifies the District’s list of definitions and the process for certifying compliance with the conservation requirements.

The proposed ordinance contains an extensive list of definitions that have been added or amended to aid staff with interpreting and enforcing the Rules and Regulations. The list of definitions contained in draft Ordinance No. 112 is identical to the list proposed in draft Ordinance No. 111. Adoption of the revised definitions is a necessary component to the policies and procedures manual that is presently being developed for the Water Demand Division.

Ordinance No. 112 expands the District’s water conservation requirements and standards. The proposed ordinance allows time for the public to adjust to the new regulations: The retrofit and conservation requirements would apply to new water permits issued after November 1, 2004. Applications received between the effective date of the ordinance (proposed for March 1, 2004) and November 1, 2004 would be grandfathered under the current rules. Changes to the retrofit requirements for changes in ownership or use are delayed until January 1, 2006.

In addition to clarifying the existing Rules 142 and 144 to make the rules easier to read and understand, the proposed ordinance adds a number of mandatory conservation retrofits, including:

§ Instant-access hot water systems. Instant-access hot water systems save at least 10,220 gallons of water per year. Instant-access hot water systems are required for existing hot water systems and for new hot water systems. Instant-access hot water systems are not required where there is no hot water system.

§ Automatic irrigation systems that include rain sensors to prevent outdoor watering during wet periods.

§ Drip irrigation on non-turf landscaping.

§ Rainwater collection and cistern systems for new construction. This requirement would apply only to new construction on a vacant legal lot of record. This requirement does not apply to existing uses.

§ Standards for ultra-low consumption dishwashers and washing machines are set forth, beginning January 1, 2006. Each dishwasher that is replaced with an ultra-low consumption model saves approximately 1,300 gallons annually. Each washing machine that is replaced with an ultra-low consumption model saves approximately 5,200 gallons annually.

§ Automatic sensor or self-closing faucets are required on multiple washbasin installations in commercial, industrial and public authority uses.

§ Commercial, industrial and public authority uses are also required to install automatic shut-off or timer controlled showers in rooms with multiple showers. A maximum cycle of three minutes is specified for these fixtures.

§ Standards for commercial, industrial and public authority uses are set for the following fixtures:

o Evaporative coolers;

o Refrigeration systems and cooling systems;

o Urinals

RECOMMENDATION: Staff recommends the Board approve the first reading of Ordinance No. 112. If the first reading is approved, second reading will be scheduled for January 2004, allowing time to file the necessary CEQA paperwork and allowing at least 30 days between first reading and adoption. If adopted in January, the ordinance is scheduled to take effect on March 1, 2004.

The Water Demand Committee reviewed this ordinance on October 10 and October 16, 2003 and unanimously supports its adoption.

BACKGROUND: It has been over fifteen years since the District first enacted its water conservation requirements with Ordinance No. 30 in August 1987. Since that time, the requirements have been amended in 1990 to eliminate an exemption from retrofitting for 3.5 gallons-per-flush toilets, and in 1997 the District adopted Ordinance No. 89 to compel mandatory toilet retrofits and other conservation requirements on visitor-serving commercial facilities. Water users on the Monterey Peninsula can measure the success of the District’s conservation program by the very low per capita water use and the fact that the District’s conservation program has been the model for similar programs throughout the state.

IMPACT ON RESOURCES: Staff will need to work with representatives of the real estate and architectural communities, as well as with the local jurisdictions, to educate them of the changes enacted by the ordinance. Overall, the ordinance should result in a clearer understanding of the District’s Rules and Regulations by staff and by the public.

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